LRNG Terms of Service
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What’s covered in these terms
We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use LRNG services, and what we expect from you. Every time you purchase or subscribe to an LRNG product or service, you are agreeing to the following Terms of Service.
Last modified: 01/08/2020
Learning and Research for the Next Generation Academy (LRNG Academy)
LRNG Terms of Service
Effective March 15, 2020
1. Contractual Relationship
These Terms and Conditions of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications, websites, content, products, and services (the “Services”) made available by Learning and Research for the Next Generation Academy, a federal not-for-profit corporation established in Canada, having its offices at 162 Timberline Trail, Aurora, Ontario, Canada, registered with Innovation, Science and Economic Development Canada under corporation number 1169123-6 (“LRNG” or “LRNG Academy”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and LRNG. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. LRNG may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
LRNG may amend the Terms related to the Services from time to time. Amendments will be effective upon LRNG’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitutes a combination of various technology platforms that enables users of LRNG’s applications or websites provided as part of the Services (each, an “Application”) to access educational and other services with LRNG staff or independent third party providers of such services, including independent third party teachers and independent third party providers under agreement with LRNG or certain of LRNG’s subsidiaries or affiliates (“Third Party Providers”). Unless otherwise agreed by LRNG in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. Applications can be updated, modified, cancelled or substituted at any time for any reason without your prior consent.
Subject to your compliance with these Terms, LRNG grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by LRNG and LRNG’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by LRNG; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under LRNG’s various brands or service options associated with education and student programming and services, including the service brands currently referred to as “LRNG,” “LRNG Academy,” “LRNG Virtual,” “AFAxLRNG,” “AppieCo.,” and any service subcontracted to any current or any future subcontractor not yet determined. You also acknowledge that the Services may be made available under such brands or service options by or in connection with: (i) certain of LRNG’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including education services providers, independent non-licenced teachers or holders of teaching licences as issued both in Ontario (OCT), outside of Ontario or outside of Canada.
Third Party Services and Content.
The Services and all rights therein are and shall remain LRNG’s property or the property of LRNG’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner LRNG’s company names, logos, product and service names, trademarks or services marks or those of LRNG’s licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to LRNG certain personal information, such as but not limited to your name, address, mobile phone number, email, age, child(ren)’s personal information including name, date of birth and applicable learning disabilities, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or LRNG’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by LRNG in writing, you may only possess one Account per student (User) using the Services.
User Requirements and Conduct.
The Service is not available for independent use by persons under the age of 18, unless expressly permitted by a parent or guardian as part of the registration process. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no harassment, requesting teaching of materials expressly prohibited by your jurisdiction, or anything in contravention of your jurisdiction’s protection of vulnerable sectors of the population). Your local jurisdiction is determined by LRNG according to your most recent address listed on your Account as provided by you and it is your responsibility to keep your Account address updated for jurisdictional purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Staff, Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
LRNG can, at its sole discretion, choose to disavow local jurisdictional laws, regulations or prohibitions, if such jurisdictions are found to be in violation of any human rights as determined by a recognized international body including but not limited to the United Nations Human Rights Council (UNHRC) or the United Nations Educational, Scientific and Cultural Organization (UNESCO), or any jurisdiction anywhere in the world found to be in violation of human rights as determined by Global Affairs Canada. Determination of human rights violations are set out according to, but not limited to the United Nations Universal Declaration of Human Rights (UDHR), and in particular Article 26 of the UDHR. LRNG considers the UHDR the central pillar of its ethical commitment, abides by the UDHR in decisions regarding policy and in such ethical considerations the UHDR supersedes local laws. More information is available on LRNG’s Commitment to Equality in Global Education(Coming Soon).
Users who do not support the academic and ethical goals of LRNG for themselves and their fellow users may be subject to penalties, up to and including expulsion. In general, LRNG will attempt to resolve a situation without expulsion. Expulsion implies denial of access to LRNG Services, closure of your Account, and a ban from future LRNG Services, up to but not limited to a lifetime permanent ban. Where LRNG deems the integrity, safety or well-being of LRNG, users, students, staff, clients, visitors and other guests is in danger then expulsion may be applied at LRNG’s discretion at any point in the process. LRNG will make available to all users, students and their families its Code of Conduct, its Academic Policy, and its Attendance Policy. These policies are available online on the LRNG Academy website (coming soon). Users have the right to appeal an expulsion to an LRNG board within one week of the notification of expulsion. LRNG reserves the right to reverse any User’s expulsion, for any reason or no reason at all, and restore a User’s access to Services.
Users whose services are cancelled due to expulsion will not be entitled to a monetary refund. Settlement of the user’s Account will be completed under LRNG’s Cancellation Policy as defined in Section 4 of these Terms of Service, using the effective date of expulsion as the final day of the service contract.
Attendance and Use of Services
You are responsible for maintaining regular attendance for your child(ren) participating in any LRNG service and arriving at or logging in on time and ready to learn. Non-attendance in an LRNG service does not entitle you to a refund, pro-rate adjustment, credit, replacement service or any other form of compensation.
LRNG can, at its sole discretion, choose to provide a replacement service for a missed service (e.g. an extra class for a missed class). Such decisions are based on a description of your personal situation explaining the required absence, and your willingness to provide LRNG reasonable advance notice of any such missed services, “reasonable” implying 48 hours or more prior to the agreed service date. LRNG makes such decisions on an exclusive, non-recurring, one-time basis, and such consideration in no way implies a change in policy or that LRNG will provide similar consideration in the future.
Non-Solicitation of LRNG Personnel or Third-Party Providers
You hereby agree that, while under contract with LRNG and for one (1) year following the termination of the final contract with LRNG, you will not (i) recruit, attempt to recruit or directly or indirectly participate in the recruitment of, any LRNG employee or third party provider, or (ii) directly or indirectly solicit, attempt to solicit, canvass or interfere with any employee, third party provider, customer or supplier of LRNG in a manner that conflicts with or interferes in the business of LRNG as conducted with such employee, third party provider, customer or supplier.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from LRNG at any time by sending an email to email@example.com with the subject line “SMS Unsubscribe”. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
User Provided Content.
LRNG may, in LRNG’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to LRNG through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to LRNG, you grant LRNG a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and LRNG’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant LRNG the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor LRNG’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LRNG in its sole discretion, whether or not such material may be protected by law. LRNG may, but shall not be obligated to, review, monitor, or remove User Content, at LRNG’s sole discretion and at any time and for any reason, without notice to you.
Recording for Promotional Purposes
LRNG may photograph, screenshot, record and/or film you, your child(ren), and any other participants appearing at an LRNG venue, whether physical or virtual, during any and all types of sessions for use in both internal and external LRNG promotional and non-promotional media including but not limited to digital and online media, social media, print media, or any future mediums now known or hereafter devised as of the time of this agreement. You have the right to revoke your implied consent and opt-out of this provision by emailing firstname.lastname@example.org with the subject line “Photography Opt-Out”.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. Your Internet Service Provider’s (ISP) usage rates and fees may apply if you access or use the Services from a home or business network and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. LRNG does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. LRNG is not liable, whether financial or otherwise, for any such malfunctions and delays.
You understand that use of the Services may result in charges to you for the services or goods you receive from LRNG or an authorized Third-Party Provider (“Charges”). Prior to receiving services or goods obtained through your use of the Service, LRNG will facilitate your payment of the applicable Charges on behalf of LRNG or the authorized Third-Party Provider as LRNG’s or such Third-Party Provider’s limited payment collection agent. In the event of services rendered by a Third-Party Provider, payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by LRNG. You waive the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. LRNG will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by LRNG using the preferred payment method designated in your Account, after which LRNG will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that LRNG may, for services or products provided in-house or as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and LRNG, LRNG reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in LRNG’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas and at certain times of day may increase substantially during times of high demand. LRNG will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. LRNG may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You waive your right to cancel your request for services or goods from LRNG or an authorized Third-Party Provider at any time and understand and agree that no monetary refunds will be provided for early cancellation of Services under a term contract.
Cancellation of Subscription Services
Subscription Services or contracts may not be altered or cancelled for the duration of the Service period or contract. In select situations, including but not limited to a withdrawal for medical reasons, LRNG may, at its sole discretion, allow a deferral Services to a later date. No monetary refunds will be given. Your Account will be credited the full tuition amount for Services already paid but not used and will show a balance owing for Services deferred.
After the agreed start date of any Services, Services that have occurred (regardless of your attendance) will not be credited back to your account for any reason, including but not limited to medical deferrals.
LRNG reserves the right to cancel single or multiple Services for any reason and return the tuition balance for the cancelled single or multiple Services in the form of a credit back to your Account.
This cancellation policy applies to all LRNG single and subscription Services, including but not limited to Services provided by service brands currently referred to as “LRNG,” “LRNG Academy,” “LRNG Virtual,” “AFAxLRNG,” “AppieCo.,” or any service brands hereafter devised, and any service subcontracted to a Third-Party Provider or subcontractor now known or hereafter determined.
Promotional Codes, Pricing and Credits.
LRNG may, in LRNG’s sole discretion, create promotional codes, pricing or credits that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that LRNG establishes on a per promotional code, pricing or credit basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by LRNG; (iii) may be disabled by LRNG at any time for any reason without liability to LRNG; (iv) may only be used pursuant to the specific terms that LRNG establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. LRNG reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that LRNG determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Repair or Replacement Fees.
You shall be responsible for the cost of repair for damage to, or necessary replacement of, LRNG Academy or authorized Third Party Provider property and equipment, including but not limited to both hardware and software property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary maintenance (“Repair or Replace”). This includes loaned hardware or software covered by LRNG’s loaner program. In the event that LRNG or an authorized Third Party Provider reports the need for Repair or Replacement, and such Repair or Replacement request is verified by LRNG in LRNG’s reasonable discretion, LRNG reserves the right to facilitate payment for the reasonable cost of such Repair or Replacement on behalf of LRNG or the authorized Third Party Provider using your payment method designated in your Account. Such amounts will be transferred to LRNG and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
The Services are provided “as is” and “as available.” LRNG disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, LRNG makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. LRNG does not guarantee the quality, suitability, safety or ability of its personnel or authorized third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of liability.
LRNG shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if LRNG has been advised of the possibility of such damages. LRNG shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and an LRNG representative or any third party provider, even if LRNG has been advised of the possibility of such damages. LRNG shall not be liable for delay or failure in performance resulting from causes beyond LRNG’s reasonable control. You acknowledge that LRNG representatives and third-party providers providing Services may not be professionally licensed or permitted. In no event shall LRNG have any liability to you in connection with the Services for all damages, losses and causes of action.
LRNG’s services may be used by you to request and schedule Services, goods or products with LRNG representatives or with third party providers, but you agree that LRNG has no responsibility or liability to you related to any Services provided to you by its representatives or third party providers other than as expressly set forth in these terms.
The limitations and disclaimer in this Section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold LRNG and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) LRNG’s use of your User Content; or (iv) your violation of the rights of any immediate or third party, including Third Party Providers. You understand and agree that this indemnity includes any claims based on the actions, omissions, or negligence of LRNG, its directors, employees, agents, representatives and third-party providers and contractors.
In no event shall LRNG be responsible or liable for any failure or delay in the performance of LRNG or a third party provider’s obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, pandemics or public health emergencies, acts of war or terrorism, civil or military disturbances, mobilization, selective service or conscription, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services attributed to failure beyond the control of LRNG; it being understood that LRNG shall use reasonable efforts which are consistent with accepted practices in the technology and education industries to resume performance as soon as practicable under the circumstances.
6. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Province of Ontario and the laws of Canada applicable therein, and the parties hereto irrevocably attorn to the exclusive jurisdiction of Ontario.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to LRNG’s designated agent. More information on this coming soon.
LRNG may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to LRNG by written communication to LRNG’s address.
You may not assign or transfer these Terms in whole or in part without LRNG’s prior written approval. You give your approval to LRNG for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of LRNG’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, LRNG or any Third-Party Provider as a result of the contract between you and LRNG or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
By using LRNG Services, you agree that you have read and understand this agreement and agree that by using LRNG Services you have given up certain legal rights which you or your child(ren), heirs, executors, administrators, assigns and representatives may have against LRNG. In entering into this agreement, you are not relying upon any oral or written representations or statements made by LRNG with respect to the safety or value of your participation in LRNG Services. You understand that you have the right to seek legal advice before executing this agreement.