Torch

TERMS OF USE

Sonja Wojdak operating as Torch Tutoring (“COMPANY”, “we”, “us”, “our” and terms of similar meaning) provides its Services or access to the Site and/or LMS to CUSTOMER (“you”, “your” and terms of similar meaning), subject to these Terms.  

 

ACCEPTANCE OF TERMS 

WE MAY AMEND, SUPPLEMENT OR REPLACE THESE TERMS AT ANY TIME. BY ACCESSING OR USING THE SERVICES, SITE OR LMS OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS IF OR WHEN THIS OPTION IS EVER MADE AVAILABLE TO YOU, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER POLICIES AND GUIDELINES OF COMPANY MADE AVAILABLE TO YOU, AS THEY MAY BE AMENDED AT ANY TIME. YOU UNDERSTAND THAT THESE TERMS ARE AN AGREEMENT BETWEEN YOU AND COMPANY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ACCESS AND USE OF THE SITE, LMS AND THE SERVICES.  

DEFINITIONS 

 

“Assessments” means any regulated or other required tests or assessments as may be required for immigration or study within an English-speaking country; 

“Content” means information, data, text, software, music, sound, photographs, graphics, video messages, learning resources, or other material to which CUSTOMER is provided access to on the Site, the LMS, or by COMPANY as part of the Services;

“Comments” means any communications, comments, posts or submissions of whatsoever nature or kind; 

“CUSTOMER Agreement" means the agreement between CUSTOMER and COMPANY for the provisions of Services, such CUSTOMER Agreement which shall be incorporated herein by reference; 

“Intellectual Property” means any and all intellectual property rights, recognized in any country or jurisdiction in the world, now or hereafter existing, and whether or not perfected, filed or recorded,  including without limitation inventions, technology, patents rights (including patent applications and disclosures), copyrights, trade secrets, trademarks, service marks, trade dress, methodologies, procedures, processes, know-how, tools, utilities, techniques, various concepts, ideas, methods, models, templates, software, source code, algorithms, the generalized features of the structure, sequence and organization of software, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines, and logic, coherence and methods of operation of systems, training methodology and materials, which COMPANY, LMS or a third-party has created, acquired or otherwise has rights in, and may, in connection with the performance of Services hereunder or in any way related to Site or LMS, create, employ, provide, modify, acquire or otherwise obtain rights in; 

“LMS” means the learning management system, Talent LMS, where the online courses shall be available for your use; 

“LMS Provider” means the third-party owner and provider of the LMS; 

“Services” means the English as a Second Language (“ESL”) tutoring and online courses provided by us to you pursuant to any CUSTOMER Agreement; 

“Site” means COMPANY website, as may be updated or replaced from time to time without notice, in COMPANY’s sole discretion, which is currently located at: www.torchtutoring.com; and 

“Terms” means these Terms of Use and any terms and conditions of the LMS Provider in any way related to the LMS, as may be amended by the LMS Provider in their sole discretion, from time to time, which are hereby incorporated by reference. 

 

CONTENT

 

All Content provided by us on the Site, the LMS or otherwise as part of the Services is the sole and exclusive property of us or LMS (or its licensors) and may be used for self-paced or other ESL related courses which may be downloaded on condition that: (a) such Content is used solely for your personal, noncommercial use, (b) you keep all copyright and other proprietary notices with such Content and shall not remove any such copyright or proprietary notices from any Content, and (c) all use or access of Content shall be in accordance with these Terms. No other type of use is permitted. Downloading or copying Content does not transfer any right, title or interest in any Content to you. The downloading or export of software or technical data from the Site or LMS to any jurisdiction in violation of Canadian export laws is strictly prohibited.

 

We shall not be responsible or liable for any third-party Content, or any content of information or data that you or any Site or LMS user communicate or transmit on or through the Site or LMS, nor shall we be responsible or liable for the accuracy, quality, integrity, reliability and legality of such third-party Content, information or data, including without limitation, any error or inaccuracy, omission, defamation, libel, slander, falsehood, obscenity, pornography, discrimination, or profanity contained in any such third-party Content, information or data, or for the conduct of you or any Site or LMS user relating to any of same.

You shall use the Site, LMS and Services in accordance with these Terms and exclusively for authorized and legal purposes, consistent with all applicable laws and regulations, including without limitation any of your Content or Comments. 

 

COMMENTS

You acknowledge and agree that we do not monitor or police the content of any Comments transmitted through the Site or LMS, and that we shall not be liable for the content of any such Comments or transmissions. Notwithstanding the foregoing, we (or the LMS) may remove any violating Comments posted or transmitted through the Site or LMS, without notice to you. 

We may suspend or terminate your access to the Site, LMS and Services without notice in the event that we reasonably determine in our sole discretion that you have violated these permitted uses of the Services or any terms and conditions of the CUSTOMER Agreement (including, without limitation, any non-payment by you of any fees for the Services).

 

You represent and warrant that you: 

(a)             shall not transmit any data, information or material to us or on the Site or LMS that will violate any person’s or third-party’s Intellectual Property, privacy or any other rights; 

(b)            shall not make any Comment on the Site, LMS or otherwise related to the Services, that contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, discriminatory, profane, or otherwise unlawful, abusive or obscene material.

 

You agree that you shall be solely responsible and liable for the accuracy, quality, integrity, reliability and legality of all Comments you make on the Site, LMS or otherwise relating to the Services. We shall not be responsible or liable for any Comment by you or any Site or LMS user that is communicated or transmitted on or through the Site or LMS, or otherwise related to the Services, nor shall we be responsible or liable for any error or inaccuracy, omission, defamation, libel, slander, falsehood, obscenity, pornography, discrimination, or profanity contained in any such information, or for the conduct of you or any Site or LMS user. 

 

DISCLAIMER

THE SITE, LMS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES, SITE AND LMS IS AT YOUR SOLE RISK. THE WARRANTIES, IF ANY, SET FORTH IN THE TERMS ARE IN LIEU OF, AND COMPANY, ITS LICENSORS AND SUPPLIERS (INCLUDING WITHOUT LIMITTION THE LMS PROVIDER) EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY THAT THE SERVICES, SITE OR LMS, CONTENT, DELIVERABLES OR OTHER SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ANY OR ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, (iii) ANY WARRANTY THAT SITE AND LMS, AND ANY DATA OR CONTENT EMBEDDED OR INCORPORATED THEREIN, AND/OR THIRD PARTY SOFTWARE OR CONTENT WILL BE ACCURATE, RELIABLE, NON-INFRINGING AND ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 

BY ACCESSING OR USING THE SERVICES, SITE AND LMS, YOU ACCEPT AND ASSUME ALL RISK RELATING TO THE ACCURACY OR RELIABILITY, OR ARISING FROM THE USE OF THE SERVICES, SITE AND LMS, THE CONTENT AVAILABLE ON THE SITE AND LMS OR IN ANY WAY RELATED TO YOUR RELIANCE ON THE SERVICES. NO ADVICE, STATEMENT OR INFORMATION GIVEN BY US, OUR AFFILIATES, OUR CONTRACTORS OR OUR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. WE HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SUFFICIENCY, RELIABILITY  OR ACCURACY OF THE SERVICES, SITE, LMS, AND CONTENT THEREIN IN THIS REGARD; MOREOVER, VARIOUS FEDERAL, PROVINCIAL, MUNICIPAL, OR OTHER LAWS AND REGULATIONS MAY APPLY, AND THE SERVICES, SITE AND LMS DOES NOT INCORPORATE SUCH LAW AND REGULATORY REQUIREMENTS OR COMPLIANCE. ALL SUCH LAWS AND REGULATIONS MAY CHANGE FROM TIME TO TIME, AND THE SERVICES, SITE, LMS AND CONTENT MAY NOT BE UPDATED TO REFLECT SUCH CHANGES. THE CUSTOMER AGREEMENT WILL GOVERN ALL OTHER USE OF AND ACCESS TO THE SERVICES BY A CUSTOMER. 

CONNECTION OVER THE INTERNET

YOU ACKNOWLEDGE THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES, SITE, LMS, CONTENT AND CUSTOMER DATA.  ACCORDINGLY, COMPANY CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET.

LIMITATION OF LIABILITY 

COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, SITE AND LMS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUE, LOSS OF OR DAMAGE TO PROPERTY, OR ANY COSTS OR EXPENSES RELATED TO ANY ASSESSMENTS OR TESTING IN ANY WAY RELATED TO THE SERVICES. 

COMPANY is committed to diligently delivering quality Services, being the best quality ESL learning experience possible, whether it be through one-on-one sessions with us or self-paced courses. Notwithstanding the foregoing, we cannot guarantee that, by you participating in and completing the Services (including, without limitation, taking any courses or participating in any one-on-one sessions with our ESL instructors), that you will pass any regulated or other required Assessments as may be required for immigration or study within an English-speaking country. There are a number of factors outside our reasonable control that may affect your ability to successfully pass any Assessment such as the applicable standards of an Assessment established by different countries, your study habits, prior education, individual learning ability, amount of time and attention spent reviewing any information and materials provided as part of the Services and your level of participation in the Services. 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless COMPANY from and against any and all claims, actions, proceedings, damages, losses, costs and expenses (including legal fees on a lawyer and his own client, full indemnity basis) arising from or related to your use of the Services, your use or access of the Site and the LMS and your violation of any of these Terms (including, without limitation, any terms and conditions of any LMS Provider or arising in any way related to the LMS).

DELIVERY OF SERVICES

Our policy is to advise you in advance of any cost or expenses related to the Services before attempting to provide the Services, such Services, costs and expenses which shall be detailed in the CUSTOMER Agreement and accompanied by our invoice.