Terms of Use

Acceptance

 These terms of use (these “Terms of Use”) for the “AlphaBee Pro” online training and consulting platform (the “Platform”), constitute a legal agreement and are entered into by and between you and AlphaBee Inc. (“Company,” “we,” “us,” “our“). These Terms of Use govern your access to and use, including any content, functionality, and services offered on or through the Platform.

 

BY USING THE PLATFORM OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY (AS DEFINED HEREIN) INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM.

 

Terms of Use

These Terms of Use (and any modifications to them) represent the entire agreement between you and us with respect to the Platform and is different than and completely separate from your agreement with your telephone, wireless or internet service providers and from any and all agreements that we may have with our service providers to which you are not a party.

 We may change, add to or delete any portion of these Terms of Use in our discretion at any time and from time to time. Any amendments will be effective when posted on the Platform and your continued use of the Platform after amendments are posted will be considered acceptance of any amendment. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these.

 The information and material on the Platform may be changed, withdrawn, disabled or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.

 

The Platform

Through the Platform, the Company provides a range of consulting and training options relating to applied behaviour analysis to professionals, parents and community agencies in an online space where those enrolled in our programs or workshops can access materials from the comfort of their homes. The Platform is part of our overall mission to consult with, among others, professionals, parents and community agencies and to provide training to, among others, staff, parents and caregivers in utilizing the principles of applied behaviour analysis when working with children with autism and other developmental exceptionalities.

Despite any features that may be available to you on the Platform at the time you initially use the Platform, we reserve the right to remove, alter and supplement the Platform’s features from time to time without notice or liability of any kind.

 

Registration & Use of the Platform

 In order to use the Platform, you must have created an account with us and paid any registration and/or access fees applicable to the use of the Platform, which fees are determined in our sole discretion.

 We do not process any payments in respect of the Platform or collected or retain any credit card or other financial information. Rather, we engage third party payment processors, like Moneris, to do this for us. By submitting your credit card or other personal information for billing purposes and by paying any fees associated with the Platform, you acknowledge that you may be re-directed to a third party website over which we have no control and you further acknowledge that your use of any payment processing services provided by a third party will be subject to any applicable terms and conditions associated with such services imposed by the third party.

 By submitting any information in order to create an account, you warrant that the information provided by you for billing purposes is correct, accurate, current and complete.  If any information you provide is in breach of the foregoing warranty, or if we have reasonable grounds to believe that it is, we may terminate or suspend your current or future use of the Platform.

 The transmission of information via the Internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

 Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, if applicable, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that should you be provided with an access code or other analogous authorization to use the Platform, such access code is personal to you and you agree not to provide any other person with access to the Platform or portions of it using your access code or username, password, or other security information, as applicable. You agree to notify us immediately of any unauthorized access to or use of your access code or username, password, or other security information, as applicable, or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

 

Intellectual Property Rights and Ownership

 You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

 The Company name, any Company trademarks or logos and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

 You may only use the Platform for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, reverse engineer, decompile or transmit any of the material on our Platform, in any form or medium whatsoever except that your computer or mobile phone and browser may temporarily store or cache copies of materials being accessed and viewed.

 You are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform. You shall not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

 If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

 

Conditions of Use

 As a condition of your access and use, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms of Use.

 Without limiting the foregoing, you warrant and agree that your use of the Platform shall not in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

 Without restricting the generality of the foregoing in any way, by using the Platform you further agree that you will not attempt to circumvent or violate the security of the Platform in any way, including, without limitation, by:

  • accessing content and data that is not intended for you;
  • attempting to breach or breaching the security and/or authentication measures of the Platform;
  • restricting, disrupting or disabling service to users, hosts, servers or networks;
  • illicitly reproducing TCP/IP packet header;
  • disrupting network services and otherwise disrupting our ability to monitor the Platform;
  • using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
  • introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or
  • otherwise attempting to interfere with the proper working of the Platform.

 

Privacy

 By using the Platform, you acknowledge that you have read, understand and agree to the terms of the Company`s Privacy Policy (as it may be amended, supplemented, replaced or otherwise modified from time to time, collectively, the “Privacy Policy”) found at the “Privacy Policy” link on the Platform. The Privacy Policy is incorporated by reference into these Terms of Use. By submitting your personal information to us you consent to the collection, use, reproduction, hosting, transmission and disclosure of your personal information in compliance with the Privacy Policy.

 

Indemnity and Liability

 You agree to indemnify and hold us, our parent companies, affiliates, and their respective successors, officers, employees, directors, shareholders, contractors, advisors, suppliers, licensors, licensees or other representatives (collectively, the “Representatives”) harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by the Representatives, directly or indirectly, as a result of or in connection with your use of the Platform.

 You acknowledge and agree that we provide the Platform and access to the platform on an “as is” and an “as available” basis, that your use of the Platform is at your own risk, and that we make no representations, warranties or covenants whatsoever with respect thereto.

 The Platform is an aid which relies on telephone, wireless notifications, or internet transmissions that can be intermittently blocked, interrupted, disrupted or corrupted. As a result, there may be and we will not be liable for any delays, omissions, inaccuracies and/or failures to deliver the notification transmissions or any content and you should not rely on the Platform for any reason. For greater certainty, we do not guarantee that the Platform will be available, run error-free or uninterrupted, that we will correct any errors or deficiencies related thereto or that any messages sent by you will arrive at their intended destination on time.

 We, our Representatives, our suppliers, and subcontractors specifically disclaim, to the maximum extent permitted by law, all representations, warranties and covenants, express or implied, statutory or otherwise, with respect to the Platform and any content hosted thereon including, without limitation, any warranties of merchantability, satisfactory quality, scalability, fitness for a particular purpose or non-infringement.

 Except where such exclusions are prohibited by law, under no circumstance will the Company nor its Representatives be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Platform, any linked websites or such other third-party websites, nor any Platform content, materials, posting or information thereon even if the party was allegedly advised or had reason to know.

 If we should be found liable for any loss or damage which arises out of or is in any way connected with any claim, our maximum cumulative liability will in no event exceed the aggregate of CAD$100.

 You acknowledge and agree that the limits of liability specified in these Terms of Use were an essential element in setting consideration under these Terms of Use. To the extent your jurisdiction does not allow the exclusion of certain warranties or limitations of or exclusions of liability for incidental and consequential damages, the above limitations may not apply to you.

 

Termination

 We reserve the right to disable or terminate your access to the Platform or any portion of it, including your account, any username, password, or other identifier, as applicable, whether chosen by you or provided by us, at our sole discretion for any reason whatsoever, without liability, immediately upon notification being sent to you by any means we deem most expedient. We reserve the right to disable, terminate or alter the functionality of the Platform at any time in our sole discretion.

 

General

  • These Terms of Use supersede any other contemporaneous or prior promises, representations, descriptions or communications regarding the Platform.
  • These Terms of Use may only be modified by the Company.
  • Our failure to enforce any provision of these Terms of Use shall not be construed as a waiver of such provision.
  • These Terms of Use shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to any conflict of law provisions.
  • Any action or proceeding arising out of or relating to Platform and under these Terms of Use will be instituted in the courts of the province of Ontario including the Federal Court of Canada to the extent the same has jurisdiction, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
  • All content of these Terms of Use under the headings “Intellectual Property Rights and Ownership”, “Conditions of Use”, “Privacy”, “Indemnity and Liability” and “Termination” or which by its very nature ought to survive termination shall survive termination of these Terms of Use.
  • If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  • These Terms of Use shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and assigns. You may not assign your rights or obligations hereunder without our prior written consent. We may assign our rights or obligations hereunder without your consent.