Terms and Conditions

Welcome to Empower Learning Solutions, a division of 2232069 Ontario Inc., (“Company”, “we”, “us”, or “our”). Please read these terms and conditions (the “Terms and Conditions”) carefully as they govern the use of our website empowerlearn.ca (the “Site”), as well as our related products and services (collectively, the “Services”). By using the Site and purchasing any Empower Learning Solutions memberships or other Services, you or on behalf of an entity (“you”, “your”, or “user”) agree to comply with these Terms and Conditions.

You indicate that you have read, understood, and accept these Terms and Conditions, and our Privacy Policy. If you do not agree with any part of these Terms and Conditions or our Privacy Policy, please refrain from using the Site and Services.

We reserve the right, and have sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. For any changes made to these Terms and Conditions, the “Last Updated” date will be changed to indicate a change has been made. You acknowledge and agree that you waive any right to be notified of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. Your continued use of the Site and Services after any changes shall be deemed as your acceptance of such changes.

Membership Subscription and Consulting Services

  1. Our Site offers the following Services:
    1. Memberships that allow our members to access eLearning courses over the Internet on computers and other internet ready devices.
    2. Consulting services to create, modify, design, edit, and provide consultation on new or existing training for businesses.
  2. By subscribing to a membership with Empower Learning Solutions, you agree to pay the specified membership fee on a recurring basis, as outlined on our Site. Your membership will automatically renew each month and you will be automatically billed at the end of each billing cycle unless you cancel your subscription.
  3. By hiring our consulting services, you agree to pay the specified hourly rate. Invoices will be sent to you on a monthly basis and all invoices must be paid within thirty (30) days upon invoicing. Late payments will be subject to a two percent (2%) monthly late payment fee.
  4. We reserve the right to change, modify, update, remove or discontinue the contents of the Site and Services, including but not limited to, memberships, eLearning courses and consulting fees at any time or for any reason at our sole discretion without notice. You agree to waive your right to be notified of such changes.

Billing and Cancellation Policy

  1. Payment Methods for Subscription Memberships Services. You authorize us to charge your valid, current and accepted credit card or debit card (“Payment Method”) for the associated Service fees. If a payment is not successfully settled for any reason and you do not cancel your account, we may suspend your access to the Services until we have successfully charged you via a valid Payment Method. You agree to pay all charges in Canadian dollars, applicable sales taxes and any transaction fees using your authorized Payment Method when a Service is purchased. You consent to us charging your Payment Method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the subscription membership Services.
  2. Payment Methods for Consulting Services. Consulting Services invoices will be paid by electronic transfer, wire transfer, or direct deposit to Empower Learning Solutions. You remain responsible for any uncollected amounts. You agree to pay all charges in Canadian dollars, at the hourly rate in effect, applicable sales taxes and possible transaction fees. You agree to pay each invoice within thirty (30) days of invoicing. Late payment charges of two percent (2%) will apply each month a payment is late.
  3. Cancellations for Subscription Memberships Services. You may cancel your Empower Learning Solutions subscription membership Service at any time, and you will continue to have access to the Service until the end of the current billing cycle. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Empower Learning Solutions eLearning courses. If you cancel your subscription membership Service, your account will automatically close at the end of your current billing period.
  4. Cancellations for Consulting Services. You may cancel your Empower Learning Solutions Consulting Services at any time. If you cancel your consulting services, all work associated with your project will cease immediately and you will be sent a final invoice for payment.
  5. Changes to Memberships and Prices. We may change the features and benefits of the Services at our sole discretion. We will provide 30 days-notice for any significant changes to Services or prices. During this notice period, you may choose to cancel your subscription membership Services if you do not agree with the proposed changes. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. Billing cycles may vary depending on your membership subscription start date. It is your responsibility to review and understand the billing cycle associated with your membership.
  6. Chargebacks and Disputed Charges. Any Chargebacks / Disputed Charges filed will result in the cancelation of all Services, including but not limited to consulting services and subscription membership Services.

User Responsibilities and Conduct

  1. To use our Services, you must have Internet access and a computer, tablet or mobile device. The quality of the eLearning courses may vary based on several factors, including but not limited to your location, the bandwidth available and/or speed of your Internet connection and device capabilities. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
  2. You must be at least 18 years of age, or the age of majority in your province, territory or country, to purchase a membership with Empower Learning Solutions. Minors may only use the Services under the supervision of an adult.
  3. The use of the Services is limited to personal and business use only and should not be shared unless allowed by your membership. No other use is authorized. By using this Site and Services, you acknowledge and agree that no right, title, or interest in or to the Site or Services, or any intellectual property rights associated with the Site and Services shall be transferred to you.
  4. You agree to use our Site and Services, in accordance with the laws and will not use the Site or Services for any illegal or unauthorized purposed. Additionally, you agree not to, except as explicitly authorized by us:
    1. archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Site and Services;
    2. attempt to gain unauthorized access to our Site and Services;
    3. reverse engineer, decompile, disassemble or otherwise attempt to access any software or other products, processes or source codes used on our Site and Services;
    4. insert any computer code or programs, including any software viruses, manipulate, alter, circumvent, disable or interfere with the content, functionality, or security of the Site and Services in any way.

We may terminate your account and access to the Services if you are in violation of these Terms and Conditions or using the Site and Services for illegal or fraudulent purposes.

  1. When you create a membership account on our Site, you agree:
    1. You are responsible for maintaining the confidentiality and security of your account credentials (username and password) and for all activities that occur under your account.
    2. You acknowledge that changes made to your account by other individuals, as a result of sharing your account credentials, will be considered binding, and you will be responsible for those changes, including changes to the subscription membership. We recommend you change your password regularly to help maintain control over the account and to prevent any unauthorized users from accessing the account.
    3. You agree to provide accurate and truthful information when creating an account, making purchases and interacting with the Site and Services. You also agree to keep your personal information, including Payment Method accurate and up-to-date as it changes.
  2. We reserve the right to terminate or suspend your account and access to your membership for any reason, including illegal activity or violation of these Terms and Conditions.

Intellectual Property Rights

  1. Empower Learning Solutions is the owner of all intellectual property rights from the Site and Services. All content provided from the Site and Services, including but not limited to website designs, graphic designs and interfaces, branding, audio, video, text, photographs, eLearning courses and graphics (collectively, the “Content”) are protected by copyright and other intellectual property laws.
  2. The Content and any other copyrighted material, including but not limited to our name and logo shall not be modified, copied, reproduced, aggregated, republished, posted, publicly displayed, translated, distributed, repackaged, shared, revealed, extracted, emailed, transmitted, sold, licensed, or otherwise exploited, conveyed or used, in a manner inconsistent with these Terms and Conditions, or rights of the copyright owner. You shall not redistribute, reproduce, repackage, transmit, assign, sell, broadcast, rent, share, lend, modify, extract, reveal, adapt, edit, sub-license or otherwise transfer the Content.
  3. Your right to use our Services will be terminated immediately upon any breach of these Intellectual Property Rights as part of our Terms and Conditions.

Warranties and Limitations on Liability

  1. Our Site and Services are provided “as is” and without warranty or condition. We do not warrant that our Site and Services will be secure, uninterrupted or error-free. You waive all special, indirect and consequential damages against us arising from your use of the Site and Services and Content provided.
  2. You agree to defend, indemnify, and hold harmless Empower Learning Solutions and our subsidiaries, affiliates, divisions and all our respective directors, officers, agents, partners, contractors, and employees associated with Empower Learning Solutions, from and against any and all claims, damage, liability, costs, or expenses (including legal fees) arising from or related to (a) your use of our Site and Services; (b) your violations of these Terms and Conditions; (c) your violation of any rights of another person or entity; or (d) any content you submit or otherwise make available on the Site or Services.
  3. We make no representation or warranties, expressed or implied, regarding the Site and Services, including but not limited to the accuracy, errors and omissions, fitness or completeness and specifically disclaim any implied warranties. You understand and agree that the advice and strategies contained therein may not be suitable for your situation and that you should consult with a professional where appropriate. To the fullest extent permitted by applicable law, Empower Learning Solutions, its directors, officers, employees, contractors, agents, successors, authors, and others associated with Empower Learning Solutions shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of revenue, lost profit, loss of data, whether incurred directly, or indirectly, resulting from (a) your access to or use of or inability to access or use the Site; (b) any authorized access to or use of our Site, Services or databases; (c) any interruption or cessation of transmission to or from the Site; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any Third-party Website Content; (e) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content or otherwise made available through the Site.
  4. You acknowledge that you are responsible for your actions and hereby release Empower Learning Solutions, and all of its directors, agents, authors, successors, employees, contractors, officers, or affiliates from liability for any of your actions or comments influenced by the information from the Site and the Services received. You assume full responsibility of your personal physical, emotional, and financial well-being.
  5. You agree that the Services provided by our Company does not guarantee success, including but not limited to, obtaining employment, promotions, increase in sales and profits, employee retention, improved performance, closing training gaps, knowledge retention, change in attitude and behaviour, acquisition of new skills, business growth and expansion.
  6. Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions if such failure or delay is due to events beyond our reasonable control, including but not limited to acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including but not limited to, COVID-19), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, strikes, fire, explosion, generalized lack of availability of raw materials or energy or other unforeseen circumstances.
  7. Empower Learning Solutions may maintain certain data to manage Site and Services performance, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you upload and transmit through the Site. You acknowledge and agree that we shall have no liability to you for any loss, deletion, alteration, or corruption of any such data, whether due to technical errors, maintenance activities or any other reason, and you hereby waive any right of action against us arising from any such instances.

Miscellaneous

  1. Third-Party. Our Site may contain links to third-party websites and other content (collectively, “Third-party Website Content”). We do not monitor the Third-party Website Content for changes to their pricing, services or other, and we do not have any responsibility for the content, products, services or accuracy of the services offered by the Third-party Website Content. Your use of Third-party Website Content is at your own risk, and you should review the terms ad conditions and privacy policies of such websites before using them. Our Terms and Conditions and Privacy Policy do not govern Third-party Websites.
  2. Governing Law.These Terms and Conditions and any disputes arising from them shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without regard to its conflict of laws principles.
  3. Survival and Severability.If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely aligns with the intent of the original provision.
  4. Electronic Communications.By subscribing, purchasing a subscription membership, or providing your personal information through Contact us, you consent to receiving electronic communications. We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, promotions, updates, and answer your questions) in electronic form only, for example via emails to your email address provided. If you do not wish to receive newsletters, updates or promotions from us, you may subscribe at any time. Please review our Privacy Policy.

Your Submissions

  1. If you submit any comments, suggestions, ideas, feedbacks, or other information about the Services (“Submissions”), you agree to assign to us all ownership of the intellectual property rights of such Submissions. You agree that we are entitled to its unrestricted use, royalty-free, non-exclusive use of the Submissions to reproduce, modify, adapt, publish, translate, distribute, create derivative works from, and display such Content in connection with our Site and Services without compensation to you.

Contact Us

If there are any questions regarding these Terms and Conditions you may contact us at:

info@empowerlearn.ca

Last Updated: September 30, 2023