This Trial Terms and Conditions Agreement (“Agreement”) is a legal document that explains your rights and obligations as a user of MyLMS.ca from the Atlantic Webfitters Learning Management Solutions (the “Company”).
MyLMS.ca is an online service offered by the Company. By accessing or using any website with an authorized link to the Website and/or the App, registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website and/or the App (collectively, the “Services”), clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
1. REGISTRATION AS A USER
You become a user of Services (“User”) by completing the registration of an account for Services (“Account”). This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a User if you are under the age of . Services is not intended for persons under and the Company will not knowingly collect personal information from persons under the age of .
You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify the Company immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same the Company service at any given time. The Company reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of the Company.
2. TRIAL PERIOD
The Trial Period shall be for the period set out in your Welcome/Logon Information email, as defined and marketed on this site, or as otherwise agreed between us.
3.1 We grant you a non-exclusive license to search and view the materials on this Services for the purposes of evaluating whether you wish to subscribe to this Services.
3.2 During the Trial Period and in respect of the Services that you are trialing, you undertake that you will not:
- Download to a local machine, network or disk any materials from the Services and save them in electronic form including videos and text. This excludes resources meant for download;
- Copy and paste any materials from this Services;
- Make print outs or copies of any materials from this Services;
- Email or otherwise make available materials from this Services to anyone else;
- Modify any materials from this Services; or
- Share your password/logon details with anyone.
3.3 We may monitor your usage of the Services during the Trial Period.
3.4 Unless otherwise expressly permitted in these terms, you may not: (i) sell, sublicense, distribute, display, store, copy, modify, decompile or disassemble, reverse engineer, translate or transfer this Services or the materials on it in whole or in part, or as a component of any other product or service; (ii) use the Services or the materials on it to create any derivative works or competitive products; or (iii) allow any third parties to access, use or benefit from the Services or materials on it in any way; or (iv) use any programmatic, scripted or other mechanical means to access this Services or the materials on it.
4.1 General Disclaimer: All warranties, conditions and other terms implied by statute or common law are excluded to the maximum extent permitted by applicable laws. Unless expressly provided, this Services and the information and services available on it are delivered “as is” without warranty of any kind. We do not warrant or represent that the Services (or services, information or material supplied to us on which all or part of a Services depends) will be delivered free of any inaccuracies, interruptions, delays, omissions or errors (“Faults”), or that all Faults will be corrected. We shall not be liable for any loss, damage or cost resulting from any such Faults. You assume sole responsibility and entire risk as to the suitability and results obtained from use of the Services, and any decisions made or actions taken based on the information contained in or generated by the Services. You are solely responsible for the preparation, content, accuracy and review of any documents, data, or output prepared or resulting from the use of the Services. In no event shall the Company or its third party providers be liable for any penalties, interest or taxes assessed by any governmental or regulatory authority.
4.2 No Advice. You understand that we provide information for general information purposes only and do not provide financial, tax and accounting, medical, legal or other professional advice. Some information may contain the opinions of third parties, and we are not responsible for these opinions. Likewise, we are not responsible for any loss, damage or cost resulting from any decisions taken by you that is made in reliance on the Services, including legal, compliance and/or risk management decisions. You agree that you use this Services at your own risk in these respects.
4.3 This does not affect claims in respect of death or personal injury caused by negligence and nothing in these Terms excludes or limits liability that cannot be limited under law.
5 ONLINE CONDUCT AND ILLEGAL BEHAVIOR
Your online conduct and interaction with other Users should be guided by common sense and basic etiquette. The Company may terminate your Account at any time during the Trial Period for any conduct or activity that we deem as illegal, improper, or otherwise negatively affects the enjoyment of Services by other Users. You acknowledge that the Company is not required to provide you notice before terminating your Subscription(s) and/or Account.
6 USER GENERATED CONTENT
Services provides interfaces and tools for you to be able to generate content and make it available to other users and/or to the Company at your sole discretion. “User Content” means any content you make available through the Services, or otherwise provided to the Company or other users, whether online or offline and whether or not solicited by the Company, or to the Company or its affiliates through your use of the Content and Services or otherwise.
If you provide the Company with any feedback or suggestions about Services, the Content and Services, or any the Company products or services, the Company is free to use the feedback or suggestions however it chooses, without any obligation to account to you.
The Company has no obligation to pre-screen any content. You use all User Content and interact with other users at your own risk. Without limiting the foregoing, The Company reserves the right in its sole discretion to pre-screen, refuse, or remove any content. The Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable.
7 APPLICABLE LAW/JURISDICTION
A. Dispute Resolutions
This document is governed by and are to be construed in accordance with English Law.
All disputes controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settled under the arbitration rules of the London Court of International Arbitration by one or more arbitrators appointed in accordance with the said rules. The seat of Arbitration shall be London and proceedings shall be conducted in English.
A. Electronic Communications
The communications between you and the Company use electronic means, whether you visit the Services or send the Company e-mails, or whether the Company posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that the Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
B. Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services (Support@mylms.ca). We will do our best to address your concerns.
C. Revision Date
This Agreement was last updated on 01 May 2021 (“Revision Date”). We may, at any time and without liability, modify or discontinue all or part of the Services; charge, modify or waive any fees or charges required to use the Services; or change the Terms and Conditions of Services for some or all of our users. If you were a user before the Revision Date, it replaces your existing agreement with the Company.