Terms of Service

These Terms apply to all 10476340 CANADA INC. (“10476340 CANADA INC”) products, including 10476340 CANADA INC’s product Core Academy – an innovative platform (“App” or “Apps”) that enables 10476340 CANADA INC’s Partners (“Partners”) to build training courses which include education materials, quizzes, tests and other assessments (“Training”) using the App.

Background: The Training built by 10476340 CANADA INC’s Partners’ assist companies (“Company” or “Companies”) to satisfy their Training obligations in regard to employees, consultants and agents (“Trainees”) in various industries.

Once the Partner onboards the Company to the App, the Company and/or Partner will upload the emails addresses to the App for those Trainees who are to complete the designated Training. For purposes of these Terms of Service, each of the Companies and Trainees are “End Users”.

Because the Partner has the expertise in the industry, Partner has the primary relationship with the Companies and not 10476340 CANADA INC. 10476340 CANADA INC simply provides the platform to deliver the Training and host the data. 10476340 CANADA INC does not develop and is not responsible for the Training and does not manage and is not part of the relationship between the Companies and Partner.

This document explains how the agreement is made up and sets out some of the terms of that agreement. Terms are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to events occurring before the change is published. These Terms of Service apply to all persons who access our Services unless otherwise agreed by email / in written form.


1. Services

We offer the Training and other services, including our Apps (the “Service” or “Services”) to the End User, which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Different Services are offered for different fees.

For Trainees, when you sign into the App, you are scheduled to take the Training that has been assigned to you by your Company.

For Companies, when you sign into the App, you can see all data associated with Trainees completing their assigned Training, including assessment scores. Also, as a Company, you can add and remove Trainees as well as assign what additional Training Trainees should take. 10476340 CANADA INC will store Training related data for a Company during the duration of their subscription to the App.

10476340 CANADA INC will be the sole publisher of the App.


2. Termination and Cancellation

This Privacy Policy applies to personal information and other information 10476340 CANADA INC or its service providers collect from or about the users of the 10476340 CANADA INC Websites, Service Offerings, our applications and other interactions (e.g., customer service inquiries, user conferences, etc.). Unless otherwise specified below, this Privacy Policy does not apply to any other products or services or to information collected in any other way (whether online or offline) or for any other purpose.


3. Fees, Cancellations, and Refunds

Fees and payment terms are different for different Services. Fees payable are determined by the Partner and to be set out in the Agreement between the Partner and Company. Partner advises 10476340 CANADA INC what fees are to be charged to the End User and 10476340 CANADA INC invoices the End User for such fees and such fees are payable to 10476340 CANADA INC.

(a)
Fees for Storage

10476340 CANADA INC will charge the Company or associated Partner to store Training records associated with each Trainee. This fee is due monthly based on the number of Trainees in the App, and such fees are set out in the agreement between the Partner and the Company

(b)
Fees for Training

End Users will be charged a fee for participating in an offered course. For each End User that signs up for and participates in a course and for which 10476340 CANADA INC has been paid by the End User, such amounts payable shall be paid prior to or at the time the course starts.

Prices for the End Users attending a course, and fees we initially charge hereunder are set out in the agreement between the Partner and the Company but subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the Site or through the Service itself

(c)
Refunds

Once the Services are selected, the fees are non-cancelable and non-refundable. There will be no refunds or credits for setup fees, partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open subscription. All fees are exclusive of all taxes and you shall be responsible for payment of all such taxes, levies, or duties. Prices for the Service are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the Site or through the Service itself. There will be no refunds or credits for failed, postponed or cancelled courses, except where such failure, postponement or cancellation is solely our fault.


4. Registration

In connection with your use of the Service, you agree and represent as follows:

(a)

You are of legal working age for your province and are otherwise capable of forming a legally binding contract.

(b)

You expressly agree to be contacted via Email and push notifications by 10476340 CANADA INC, Core Academy Partners and related third parties for the purposes of providing information on the Services and for other products and services we think you may be interested in.

(c)

By using the Service, you are granting us and our Partners (and any service providers or Providers used by us) permission to access your account, your scores, Training progress and work, together with any messages, data, information, text, graphics, audio, video or other material and content of any kind posted/uploaded/transmitted to or through the Service using your account for purposes of ensuring compliance with this Agreement, compliance with Training, progress in completing Training and identifying any issues or concerns with your progress or around the Training generally as well as compliance with applicable laws.


5. Use of End User Data

10476340 CANADA INC provides the platform that hosts the data. 10476340 CANADA INC, Partner and associated service providers (such as data storage providers), have rights to access and use the data as set forth in this Agreement and as otherwise permitted or required by law. Companies can request 10476340 CANADA INC delete all End User data relating to Company’s Trainees. 10476340 CANADA INC may communicate that request to the Partner. Subject to concerns raised by Partner, 10476340 CANADA INC will use reasonable efforts to comply and supply Company with a final copy of the related End User data in a format determined by 10476340 CANADA INC before deletion. Trainees who wish to have their End User data deleted must direct such inquiry to Company and, if Company approves, Company will so direct 10476340 CANADA INC.

The Partner is responsible for the integrity of all End User data and all questions and concerns surrounding the sufficiency, accuracy, results or use of such End User data should be directed to the Partner.

By connecting with a third-party service (e.g., Facebook, Twitter, LinkedIn, Google+), you give us express permission to access and use your information from that service as permitted by that third-party service, as stated in our Acceptable Use Policy.


6. Resonsibility for User Content

All Training material is owned by the associated Partner. You expressly agree that 10476340 CANADA INC: (a) will not be liable for Training materials or End User contact; and (b) reserve the right to review, reject, delete, remove, modify, or edit any Training materials or End User content at any time for any reason, without liability and without notice to you. We reserve the right but are not obligated, to remove Training content or End User content from the Service for any reason; including Training content or End User content that we believe violates these Terms or our Acceptable Use Policy below.


7. Acceptable Use Policy

Each End User agrees to the terms of the Acceptable Use Policy set out at the end of these Terms of Service. In addition, you covenant and represent that you will not use this Service in violation of the law or these Terms of Service. While we are not under any obligation to monitor the content provided by associated Partners, we may, in our sole determination, remove any content that we deem objectionable, offensive, unlawful or in violation of these Terms of Service.


8. Sharing Training Content

End Users shall not upload, post or otherwise make available on the Service any works or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any works or material are not so protected rests entirely with you. End Users are liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all works or material submitted by you to the Service, you automatically grant, or warrant that the owner of such material has expressly granted us a royalty-free, perpetual, irrevocable, worldwide, fully-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the full term of any copyright that may exist in such works or materials.

Companies promise and agree that they will not use the Training materials outside the App.


9. Disclaimers and Limitations on Liability

10476340 CANADA INC provides the platform that hosts the Training and the data. 10476340 CANADA INC does not create the Training materials nor is 10476340 CANADA INC involved in the assessment of Trainees or the interpretation of the responses by Trainees, and 10476340 CANADA INC is not responsible or liable for any of the foregoing nor for any data loss or compromise of data integrity.

We intend that the information contained in our Service be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be launched automatically with no notice, although we may make reasonable efforts to notify you in advance of an upcoming update.

THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTY REGARDING THE PROFITABILITY OF TRANSACTIONS EXECUTED ON THE SERVICE OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE INFORMATION ON THE SERVICE, AND INFORMATION ON THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, FINANCIAL, ACCOUNTING, TAX OR OTHER ADVICE, AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE.


10. Limitation on Liability

WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES (COLLECTIVELY, THE “DAMAGES”), ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE INCLUDING WITHOUT LIMITATION DATA LOSS, DATA COMPROMISE OR LACK OF DATA INTEGRITY. THIS PROVISION ENTITLED “LIMITATION OF LIABILITY” APPLIES REGARDLESS OF: (A) OUR NEGLIGENCE; (B) OUR GROSS NEGLIGENCE; (C) ANY FAILURE OF AN ESSENTIAL PURPOSE; AND (D) WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS PROVISION ENTITLED “LIMITATION OF LIABILITY” APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. WE ARE NOT RESPONSIBLE AND NOT LIABLE FOR ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OTHER WEB SITES THAT LINK TO OR FROM THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS OR OTHER TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL.


11. Indemnification

Each End User agrees to indemnify, defend and hold harmless 10476340 CANADA INC, and its officers, directors, employees, agents, contractors and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the End User data it provides or approves for publication; (b) the End User’s use of the Service; and (c) such End User’s breach of these Terms of Service. In such instances where the End User is a Company, the Company is also responsible and liable for the actions of its Trainees pursuant to this Section and for all such other obligations under these Terms of Service.


12. Use of Third Party Services

Our Service may be integrated with services provided by third parties as part of the functionality of the Service including cloud providers (such as AWS) and third-party authentication services (such as through Google). You understand that we do not have control over third parties and that such third parties are not agents of 10476340 CANADA INC. As such, we make no guarantees about and assume no responsibility for the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services. 10476340 CANADA INC hereby disclaims and you hereby discharge, waive and release 10476340 CANADA INC and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.


13. Intellectual Property

The App and related Services may be protected by copyright, trademark, and other laws of Canada, United States, and foreign countries. 10476340 CANADA INC exclusively owns all right, title and interest in and to the App and related Services, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate or reuse any portion of the HTML/CSS or visual design elements of the App or related Services without express written consent from 10476340 CANADA INC.


14. General

These Terms of Service shall be governed by the laws of the Province of Ontario. Any disputes resulting from these Terms and Conditions shall be finally resolved by a court of competent jurisdiction within Toronto, Ontario, Canada.

These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. YOU AND 10476340 CANADA INC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by 10476340 CANADA INC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. All rights not expressly granted herein are reserved to 10476340 CANADA INC.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, YOU ARE NOT ALLOWED TO USE THE SERVICE.


ACCEPTABLE USE POLICY

10476340 CANADA INC takes the safety and security of End Users very seriously. As such, participants in the Services and members of 10476340 CANADA INC agree to abide by the terms of this policy.

  1. Report Abuse. If you believe that someone is violating the policies found below, report abuse to 10476340 CANADA INC through our Security email (security@10476340 CANADA INC.io 10476340 CANADA INC may disable the ability to use the Services or disable accounts of those persons who are found to be in violation of 10476340 CANADA INC’s Program Policies.
  2. Dangerous & Illegal Activities. Do not use 10476340 CANADA INC or the Services to promote, organize, or engage in illegal activities or activities that cause serious and immediate physical harm to people or animals.
  3. Do not impersonate another person or otherwise misrepresent yourself or the source of a 10476340 CANADA INC invitation or join request with the intent to deceive, mislead, or defraud.
  4. Fraud, Phishing, and Other Deceptive Practices. Do not use 10476340 CANADA INC or the Services for phishing. Refrain from soliciting or collecting sensitive data, including but not limited to passwords, financial details, and Social Security numbers. Do not use 10476340 CANADA INC to trick, mislead, or deceive other users into sharing information under false pretenses.
  5. Harassment, Bullying, & Threats. Do not harass, bully, or threaten others. We also don’t allow this product to be used to engage or incite others in these activities. Keep in mind that online harassment is illegal in many places and can have serious offline consequences for both the harasser and the victim. We may take appropriate action if we are notified of threats of harm or other dangerous situations, which may include reporting you to the relevant authorities.
  6. Hate Speech. Do not engage in hate speech. Hate speech is content that promotes or condones violence against or has the primary purpose of inciting hatred against an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.
  7. Malware & Similar Malicious Content. Do not transmit malware or any content that harms or interferes with the operation of the networks, servers, End User devices, or other infrastructure. This includes the direct hosting, embedding, or transmission of malware, viruses, destructive code, or other harmful or unwanted software or similar content. This also includes content that transmits viruses, causes pop-ups, attempts to install software without the user’s consent, or otherwise impacts users with malicious code.
  8. Circumvention. Do not engage in actions intended to bypass our policies or subvert restrictions placed on your account. This includes the creation or use of multiple accounts or other methods intended to engage in a behavior that was previously prohibited.
  9. Personal and Confidential Information. Do not share or distribute other people’s personal or confidential information without authorization. This includes the use of sensitive information, such as social insurance numbers, bank account numbers, credit card numbers, images of signatures, and personal health documents. In most cases where this information is broadly available elsewhere on the internet or in public records, like national ID numbers listed on a government website, we generally don’t process enforcement actions.
  10. Sale of Goods & Services. Do not sell, advertise, or facilitate the sale of goods and services.
  11. Sexually Explicit Content. Do not share or distribute content that contains sexually explicit material, such as nudity, graphic sex acts, and pornographic content. This includes driving traffic to commercial pornography sites. We allow content for educational, documentary, scientific, or artistic purposes.
  12. Spam. Do not spam. This may include unwanted promotional or commercial content, unwanted content that is created by an automated program, unwanted repetitive content, nonsensical content, or anything that appears to be a mass solicitation
  13. System Interference. Do not abuse this product and do not harm, degrade, or negatively affect the operation of networks, devices, or other infrastructure. This includes degrading, disabling, or negatively interfering with any aspect of the product or its services.
  14. Violence & Gore. Do not share or distribute violent or gory content involving real-life people or animals that’s primarily intended to be sensational or gratuitous. This includes ultra-graphic violence, such as dismemberment or close-up footage of mutilated corpses. Graphic violence, such as content containing significant amounts of blood may be allowed in an educational, documentary, scientific, or artistic context, but please be mindful to provide enough information to help people understand the context. In some cases, content may be so violent or shocking that no amount of context will allow that content to remain on our platforms. Lastly, don't encourage others to commit specific acts of violence.

Updated on April 9, 2021.