By signing up for the Edleake.com service (“Service”) or any of the services of Edleake.com Inc. (“Edleake.com”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. Edleake.com reserves the right to update and change the Terms of Service by posting updates and changes to the Edleake.com website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1 Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that Edleake.com will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Edleake.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your Edleake.com account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Edleake.com will result in an immediate termination of your services.
2 Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3 General Conditions
- Technical support is only provided to paying account holders and is only available via email.
- You may not use the Edleake.com service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Edleake.com.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Edleake.com or Edleake.com trademarks and/or variations and misspellings thereof.
- Credit Card information is always encrypted during transfer over networks.
- You agree not to charge people to access your courses other than by collecting payments on the Edleake.com Service. Any attempt to bypass the Edleake.com payment system to avoid transaction fees may result in the suspension or cancellation of your account.
4 Edleake.com Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Edleake.com customer, Edleake.com employee, member, or officer will result in immediate account termination.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Edleake.com retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Edleake.com reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
5 Limitation of Liability
- You expressly understand and agree that Edleake.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Edleake.com or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Edleake.com partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- Edleake.com does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Edleake.com does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Edleake.com does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Edleake.com Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.
6 Waiver and Complete Agreement
The failure of Edleake.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Edleake.com and govern your use of the Service, superseding any prior agreements between you and Edleake.com (including, but not limited to, any prior versions of the Terms of Service).
7 Intellectual Property and Customer Content
These terms do not transfer from Edleake.com to you any Edleake.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Edleake.com. Edleake.com, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Edleake.com or Edleake.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Edleake.com or third-party trademarks.
8 Payment of Fees
- A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- The Account Owner will be sent an invoice or receipt via the email provided. Users have 30 days to bring up and settle any issues with the billing.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Edleake.com’s products and services. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services.
- If you are resident in the UK, Taxes may apply to your subscription to or purchase of some or all of Edleake.com’s products and services, including without limitation, your subscription to or purchase of Edleake.com’s ecommerce services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the UK billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- Edleake.com does not provide refunds with prior written consent.
9 Cancellation and Termination
- You may cancel your account at anytime by contacting us and then following the specific instructions indicated to you in Edleake.com’s response.
- Once cancellation is confirmed, your Account will be deleted including all Course Content you have access to. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- If you are on a subscription payment and cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the Edleake.com service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Edleake.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
10 Modifications to the Service and Prices
- Prices for using Edleake.com are subject to change upon 30 days notice from Edleake.com. Such notice may be provided at any time by posting the changes to the Edleake.com Site (Edleake.com.com) or the administration menu of your Edleake.com site via an announcement.
- Edleake.com reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- Edleake.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
11 Optional Tools
- Edleake.com may provide you with access to third party tools over which Edleake.com neither monitors nor has any control or input.
- You acknowledge and agree that Edleake.com provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Edleake.com shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- Edleake.com strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.