Terms of Use

Hemeon Learning Inc. (“HLI”) offers customized eLearning services to clients through its website hemeonlearning.com.

These Terms of Use (the “Terms”) apply when you access and use our website at hemeonlearning.com (the “Website”). These Terms constitute a legal agreement between Hemeon Learning Inc., the owner of the Website, and you.

BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO BE BOUND BY HLI’S TERMS OF USE. EACH TIME YOU ACCESS AND USE THE WEBSITE, YOU SIGNIFY YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR DO NOT WISH TO BE BOUND BY THE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE.

HLI may change the Terms at any time without notice to you. You are responsible for, and encouraged to, review the Terms regularly. The date of the last revision to the Terms can be found at the bottom of this document. Your continued access and use of the Website after this date signifies your consent to any changes to the Terms.

Purpose and Content

The purposes of the Website are to:

(a) allow you to browse information regarding HLI and its customized e-learning services and portfolio; and

(b) contact HLI through the Website or social media with questions or inquiries.

All information and content provided on the Website is not intended to be used for any other commercial purpose in any manner without the prior written consent of HLI.

HLI reserves the right to terminate any relationship with users or potential clients that breaches the Terms, or our Privacy Policy, or any of our policies, practices, and regulations.

Commercial Electronic Messages (“CEMs”)

HLI only sends CEMs, such as emails, in accordance with Canada’s Anti-Spam Legislation (“CASL”). HLI does not permit any user of the Website to use the Website to send CEMs. HLI does not permit users of our customized eLearning solutions to use our services to send CEMs in violation of CASL.

You can contact HLI through the Website. In the event that you send a request, inquiry or complaint to HLI through the Website, HLI will respond in compliance with CASL. A CEM sent to you in response to a request, inquiry or complaint will be limited to directly addressing that request, inquiry or complaint, subject to the inclusion of additional information that a person could reasonably expect to receive as a result of that request, inquiry or complaint. If you submit a request, inquiry or complaint through the Website, this will not constitute consent for further CEMs and HLI will only ever CEMs in accordance with CASL.

You will only receive such CEMS if HLI has received your express consent.

Third Party Websites

The Website may contain links from other third-party websites and all such websites are independent of HLI. HLI has no control over these third-party websites and assumes no responsibility or obligations for such third party websites. The provision of such links does not constitute any endorsement of such linked websites, their content or information appearing on the Website.

For certain features of the Website, you may choose to access HLI’s Website using an account established with a social networking or email platform (“Social Logins”). HLI has no control over these social networking or email platforms and assumes no responsibility or obligations for such social networking or email platforms. Use of Social Logins is at your sole risk.

Use of the Website

In accessing and using the Website, you must not:In accessing and using the Website, you must not:

(a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website or access to the Website without the prior written consent of HLI;

(b) sell, transfer, copy, distribute, redistribute, translate, reverse engineer, or recompile the Website without the prior written consent of HLI;

(c) except as permitted in the Terms, use any frame or mirror of any content or images from the Website to any other server or Internet-based device or use any images, including the use of thumbnails, copying, saving or recreating images or thumbnails, for any purpose without the prior written consent of HLI;

(d) upload, download, post, email or otherwise distribute or transmit content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate local, provincial, federal or international law or infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of third party or contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(e) upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages on the Website or send unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications through the Website;

(f) use any information or material from the Website in any manner or use, post or engage in any activities that infringes a third party’s intellectual property or rights of publicity or privacy;

(g) use the Website to distribute to or otherwise disseminate any material or information of any kind that is libellous, inaccurate, profane, racist, intended to bully, harass, intimidate or harm, defamatory, obscene, sexually explicit, violent, pornographic, abusive or otherwise violates any law or infringes or violates any rights, including intellectual property rights, of any other person or entity;

(h) use the Website to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve sale of counterfeit or stolen items;

(i) transmit any worms or viruses or any code of a destructive nature through the Website;

(j) deep link or employ software or any automatic device, technology or algorithm that use any robot, spider, scraper or other automated means to access the Website;

(k) provide information or participate in activities that will result in the transfer to the Website of any viruses, Trojan horses, worms, corrupted files, hoaxes, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of the Website’s systems, programs, content, information or applications, or that may track or monitor functionality in connection with the Website, including, without limitation, to identify other users’ views, actions or other activities on the Website;

(l) directly or indirectly engage in activity, such as click throughs, in a coercive, misleading, malicious or fraudulent manner;

(m) bypass any measures that we have taken to restrict access to the Website without the prior written consent of HLI;

(n) engage in activities that would interfere with the operation of the Website;

(o) impose an unreasonable load on the Website’s infrastructure that would affect the operation of the Website;

(p) use JavaScript, active or other coding, repetitive posts or other actions that interfere with the Website’s operations;

(q) advertise to, or solicit to buy or sell any products or websites through the unauthorized or impermissible use of the Website;

(r) circumvent or modify or attempt to circumvent or modify or encourage or assist any third party in circumventing or modifying any security technology or software that is part of the Website or to cover or obscure online advertisements or safety features of pages of the Website;

(s) modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with the Website or HLI;

(t) attempt to impersonate another user, person or entity or HLI representative in your use of the Website or attempt to sell or otherwise transfer your rights to another third party;

(u) use any computer program or system to mine or harvest information, including addresses or other data of users from the Website, for any purpose without the prior written consent of HLI;

(v) post content that violates the Terms or disrupts or interferes with the security of, or otherwise abuse, the Website or system resources, accounts, servers, or networks connected to or accessible through the Website;

(w) access, tamper with or use non-public areas of the Website or disrupt or interfere with any other user’s enjoyment of the Website;

(x) knowingly disable any technology or tool embedded in the Website; and

(y) remove any copyright or other proprietary notices contained in the content on the Website, caption information, or any other material on the Website.

Linking Requirements

In you wish to link to any website owned or controlled by you, you must abide by HLI’s linking requirements. The linking requirements are as follows:

(a) the link must be established to a page of the Website approved by HLI;
(b) the link may not misrepresent your relationship with HLI or present false or misleading impressions about HLI, its products and services and/or the Website or Offerings;
(c) the link may not contain content that may be interpreted as distasteful or offensive;
(d) HLI shall have no responsibility or liability for any content appearing on your website; and
(e) HLI may at any time, in its sole discretion, immediately terminate your link to your website, with or without cause. If HLI exercises this right to terminate, you will immediately remove all links to your website.

Intellectual Property

You do not acquire any right, title or interest in the Website through use of the Website. You must abide by copyright and other proprietary notices contained in the Website.

With the exception of third-party advertising or links and samples of client work found on the Website to which we have permission to use, HLI exclusively owns all information and screens appearing on the Website, including all designs, graphics, text elements, site design, logos, images, buttons, and icons. HLI owns the selection, assembly, and arrangement of all information and screens appearing on the Website, including any and all intellectual property rights, such as copyright, trademarks, and other proprietary information. All third-party advertising and links belong to their respective owners and must not be use by you for any purpose with the prior written consent of the respective owner(s).

HLI also owns or controls the right, title and interest to all HLI templates, HLI blogs, mock-ups and compositions, final design frameworks, software, all copy and graphics and all source code and development tools used for the Website.

The look and feel of the Website is copyrighted by HLI. All rights are reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without the prior written consent of HLI.

HLI and its logo are the property of HLI. Certain other trademarks, trade names and logos on the Website are the property of the respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property and shall result in immediate termination of your rights to use the Website.

All content, except any user content, that forms part of the Website is subject to intellectual property rights, including copyright and trademarks held by or licensed by HLI. All rights are reserved. The Website displays copyright and other proprietary notices. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including images, text, and page layout, or use any meta tags or any other hidden text utilizing our name or trademarks without the prior written consent of HLI.

You may not use any of HLI’s logos or other proprietary graphic or trademark designs as part of any link without the prior written consent of HLI.

Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law, as well as international copyright treaties and multilateral and bilateral agreements, protect the Website. Unauthorized reproduction of the Website, or any portion of the Website or Offerings, may result in severe civil and criminal law penalties.

You must not challenge or assist others to challenge any of HLI’s trademarks or application to register any of HLI’s trademarks or attempt to register any trademarks or trade names that are confusingly similar to any of HLI’s trademarks. HLI respects the intellectual property of others and we ask users of the Website to do the same.

If you believe that HLI or a user of the Website has violated your intellectual property rights, you may report the matter by emailing admin@hemeonlearning.com. HLI requires you provide a written request detailing the specifics of the intellectual property infringement, a link or the URL of your original materials and a link or the URL of the infringing material, and proof of ownership of the original material or proof of first publication. If HLI chooses not to remove the allegedly infringing material, we will provide you with notification. HLI will remove such allegedly infringing material upon submission of legal documentation of a ruling in your favour in regards to the allegedly infringing material.

Liability, Warranties, Representations and Indemnification

Your access and use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis and HLI disclaims any and all other warranties and representations.

Specifically, HLI does not warrant that:

(a) the Website will meet your specific requirements;

(b) the Website will be available, uninterrupted, timely, secure, or error-free;

(d) the results that may be obtained from the use of the Website will be accurate or reliable;

(e) the quality of any information obtained by you through the Website will meet your expectations or

(f) any errors in the Website will be corrected.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HLI BE LIABLE FOR ANY GENERAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. SOME PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ALTHOUGH CERTAIN PROVINCIAL, STATE OR FEDERAL LAWS MAY NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, HLI RELIES ON SUCH DISCLAIMERS AND LIMITATIONS TO THE GREATEST EXTENT ALLOWABLE BY LAW.

To the extent permitted by the laws of your jurisdiction, you agree to indemnify HLI from and against all claims, liability and expenses, including legal fees and costs, arising from any unauthorized use of the Website by you or from a substantial breach of the Terms. HLI reserves the right, in its sole discretion and at its own expense, to defend any action or claim and you agree to co-operate fully with any such defense.

Termination or Suspension of Website

HLI reserves the right to terminate, change, suspend or discontinue any aspect of the Website at any time without notice including, but not limited to:

(a) the availability of features;

(b) the information or content of the Website; or

HLI may restrict access to all or parts of the Website at any time. HLI reserves the right, but is not obligated, to correct any errors or omissions in any portion of the Website.

Any breach of the Terms by you will result in your right to use the Website being terminated. The obligations in the Terms concerning use of the Website, intellectual property and liability survive the termination of this agreement.

Privacy

Your access and use of the Website is subject to HLI’s Privacy Code, and Privacy Statement, and include all rights and obligations under the General Data Protection Regulation.

No Assignment

Your rights under the Terms cannot be assigned.

No Waiver

The failure of HLI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Jurisdiction

The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the Website, you agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website shall be governed by the laws of the Province of British Columbia and the federal laws of Canada as applicable and notwithstanding conflicts of law. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge and do so voluntarily.

Severability

In the event that any term or condition in the Terms is found invalid by a court of competent jurisdiction, the invalid term or condition is severed and the remaining terms and conditions continue in full force and effect.

Last Modified: September 20, 2019