Terms and Conditions for Online and Classroom Courses with and / or on and / or through ShivaTech.ca
Standard Terms for the Purchase of Online and Classroom Courses
These terms and conditions apply to Services provided by Shivatech.ca and / or any of its associated companies (“shivatech.ca” or “we” or “us”).
For any queries / questions you may contact us on submit@shivatech.ca
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Classroom Course on this website. Please read these terms and conditions carefully before purchasing an Online Course and/or Classroom Course and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or Classroom Course then the conflict shall be resolved by applying the following order of priority:
Course Specific Terms and Conditions;
These Standard Terms for the Purchase of Online and Classroom Courses;
Website Disclaimer.
For purchases via our website, by enrolling into any course, published on this website and / or by clicking on the “Take This Course” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
1. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Shivatech.ca to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you on / through Shivatech.ca or any of its assoicated companies for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Classroom Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by email.
“Classroom Course” means a course Classroom offered / provided by us in a classroom setting to which you attend in person.
“Website” means www. shivatech.ca and www.dispatching.ca and any other associated website of ours that we might add from time to time.
“you” means the individual or in group purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
Purchasing Services via the Email
3.2. To purchase a Service over the email please send us an email to “submit@shivatech.ca”. You do not need to have registered for an account with us to purchase any of the Services over the email. You must, however, register for an account with us to access your course online.
3.3. When you place an order for a Service via the Website, or email you are offering to purchase the Services on these terms and conditions. Shivatech.ca reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via the Website or on the email we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received the payment in full of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Online Courses or multiple Classroom Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
3.7. Shivatech.ca does not and is not responsible for any credits or accreditation. It is your responsibility to ensure that you understand that this is an online course to upgrade your skill-based learning and knowledge enhancement.
If you are seeking credits or accreditation contact authorized university, school or college for credit transfers necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above. If we do not receive the fee payment in full then your order stands cancel with no access to the respective course.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order or ask for money back.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Shivatech.ca
5. Fees
5.1. The Fees for the Services shall be as set out on the Website or as told to you over the email at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of GST or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website or told to you over the email prior to your purchase the Services.
5.3. Save where specifically stated otherwise on the Website. Payment once received from online banking by clicking I agree mean you are not a robot and confirms your payment order and there shall be no money back.
5.4. Fees for the Service selected by you on the Website or purchased over the email shall be debited from your credit / debit card / EFT (online banking transfer) / e-interac transfer at the time of purchase. Fees must be paid in full prior to you attending any Classroom Course or accessing any Online Course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Shivatech.ca shall not be responsible for these charges.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Classroom Courses or your access onto any Online Course.
6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Shivatech.ca aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Shivatech.ca total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Classroom Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Shivatech.ca liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Canadian law may not be limited or excluded.
6.6. Once the fee of the course(s) has been received in full in our bank account and you have enrolled into the course you have unlimited login 24×7 mean 24 hours Access for 7 Days. No claim may be brought more than 7 days after the last date on which the Services concerned have finished or ceased to be provided by us.
6.7. Once you have created an account on our website, you agree to subscribe to our newsletters that may contain the information about promotional offers and / or any other update(s) about our website or about our product(s) which this website or any of other associated website(s) may send to you from time to time.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Classroom Courses are, and remain, the intellectual property of Shivatech.ca or its licensors, whether adapted, written for or customized for the Research, Client or not.
7.2. You are not authorized to:-
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission of the owner(s) of Shivatech.ca and from the author of the courses published on shivatech.ca or on any of its subdomains / subdirectories;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Classroom Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
(iv) remove any copyright or other notice of Shivatech.ca on the Course Materials with intend to re-produce;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses. You will be subjected to consequences at Shivatech.ca discrete.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Classroom Course.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
fail to pay when due your Fees;
act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Shivatech.ca, any teacher or lecturer who provides the online and / or Classroom Courses or any student who attends any Classroom Course;
cheat or plagiarize any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Classroom Courses;
intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
any negative commenting online on any platform will be considered an act of defamation.
are intoxicated through alcohol or illegal drugs while on our premises;
commit any criminal offence committed on our premises or where the victim is our employee or student;
are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Shivatech.ca shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Shivatech.ca,
14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.6. Shivatech.ca endeavor to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.7. Shivatech.ca may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
14.8. If you wish to change or update the data, we hold about you, please e-mail to us at submit@shivatech.ca
15. Law and Jurisdiction
This Agreement is subject to Canadian Law and the parties submit to the exclusive jurisdiction of the Quebec courts in connection with any dispute hereunder.
16. Notices
You can contact us via email on the following email ID:
Email: chris@shivatech.ca
—-
Disclaimer
The contents of this website are created and maintained by Shivatech.ca | Shivatech.ca Despite all reasonable efforts to maintain accurate and complete information, it is not possible to guarantee the current accuracy or completeness of the information on this website www.shivatech.ca | Shivatech.ca and the participating educational partners therefore expressly reserve the right to deviate from what appears in this website, in whole or in part. Without limiting the generality of the foregoing, this may include changes to programs, courses, fees, regulations and policies or schedules. Neither Shivatech.ca nor the participating educational partners accept any liability for any inaccuracies, or any losses or damages arising from the use or reliance on information which came from the website.
The views expressed on this website do not necessarily reflect those of the Quebec Ministry of Training, Colleges and Universities.
External content
This website contains links to many other external websites. All links are provided with no guarantee that the information provided at the external site is accurate or complete Shivatech.ca | Shivatech.ca, and the participating educational partners, do not have any control over the content, activities, security policy or privacy policy of these external websites, and are not responsible in any way for any material that you may encounter there. Shivatech.ca | Shivatech.ca does not warrant the accuracy, reliability, or timeliness of any information posted on independent sites, nor does it endorse any content, viewpoints, products, or services linked to its site. While we make all reasonable efforts to provide virus free files, we cannot guarantee uncorrupted files.
Copyright
Material on this website is protected by copyright. The copyright owner is Shivatech.ca and its owner(s)| Shivatech.ca You may not make alterations or additions to material found on this site. None of the content and / or study material can be downloaded or copied to a local hard drive or to any other external device or recorded on any device. The content of this website may not be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form without the prior written consent of Shivatech.ca and its owner(s).
