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Terms & Conditions

Terms and Conditions

Please read these terms and conditions ("terms and conditions", "terms") carefully before using the momentumforlife.ca website (“website”, "service") operated by Momentum Tutoring Inc.

Conditions of use

By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. Momentum Tutoring Inc. only grants use and access of this website, its products, and its services to those who have accepted its terms.

Age restriction

You must be at least 18 (eighteen) years of age before you can use the services on this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. Momentum Tutoring Inc. assumes no responsibility for liabilities related to age misrepresentation.

Intellectual Property

You agree that all materials, products, and services provided on this website are the property of Momentum Tutoring Inc. its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Momentum Tutoring Inc.’s intellectual property in any way, including electronic, digital, or new trademark registrations.

You grant Momentum Tutoring Inc. a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact us  in order to come to an agreement.

Use of Company Materials

We may provide you with certain information as a result of your use o the website including, but not limited to, documentation, data, or information developed by us and other materials which may assist in the use of the website or services we provide (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this website and the services offered on the website. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.

 

Payment

When you make a purchase on the website, you agree to provide a valid instrument to make payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that payment instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

In order to prevent financial loss to your or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

Payment for any ongoing services is billed automatically until written notification that you would like to terminate your access to the services.

 

Sale of Goods and Services

We may sell goods or services or allow third parties to sell goods or services on the website. We  try to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge  and agree that you purchase such products and services at your own risk.

If you are unhappy with a product or service being sold on our website, you may request a refund.
 

Acceptable Use

 You agree not to use the website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the website in any way that could damage the website the services or the general business of Momentum Tutoring Inc.

You further agree not to use and/or access the website:

  1. To harass, abuse, or threaten other or otherwise violate any person’s legal rights;

  2. To violate any intellectual property rights of us or any third party;

  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

  4. To perpetrate any fraud;

  5. To engage in or create any unlawful gambling, sweepstakes, or pyramid schemes;

  6. To publish or distribute any obscene or defamatory material;

  7. To publish or distribute any material that incites violence, hate or discrimination towards any group;

  8. To unlawfully gather information about others.

 

Privacy

Internet communications are subject to interception, loss or alteration and, as a consequence, you acknowledge that information or data you provide by electronic means by access or using this website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered, or lost.

For more information, please refer to our Privacy Policy.

Protection of Privacy

Through your use of the website, you may provide us with certain information. By using the website, you authorize us to use your information in Canada and any other country where we may operate.

We may receive information from external application you use to access our website, or we may receive information through various web technologies such as cookies, log files, clear gifs, web beacons, or others.

We use the information gathered from you to ensure your continued good experience on our website. We may also track certain passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers.

If you would like to disable access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.

Reverse Engineering & Security

You may not reverse engineer, or attempt to disassemble any code or software from our website. You may not violate the security of the website through any unauthorized access, circumvention of encryption, or other security tools, data mining, or interference to any host, user, or network.

Indemnification

You agree to indemnify Momentum Tutoring Inc. and its affiliates and hold Momentum Tutoring Inc. harmless against any and all legal claims and demands, including reasonable attorney’s fees,  that may arise from your misuse of our website, products, or services, your breach of these terms and conditions, or your conduct or actions. We reserve the right to select our own legal counsel, and may participate in our own defense if we wish to do so.

Applicable law

By visiting this website, you agree that the laws of the Canada, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Momentum Tutoring Inc. and you, or its business partners and associates.

 

Disputes

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by provincial court of Alberta or federal court of Canada and you consent to exclusive jurisdiction and venue of such courts.

Limitation on Liability

Momentum Tutoring Inc. is not liable for any damages that may occur to you as a result of your misuse of our website.

Momentum Tutoring Inc. reserves the right to edit, modify, and change this Agreement any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between Momentum Tutoring Inc. and the user, and this supersedes and replaces all prior agreements regarding the use of this website.