Terms of service

These website terms and conditions of use constitute a legal agreement and are entered into by and between you and Monkey Credits Inc. (“Company, “we,” “us,” “our”). The terms and conditions are set out below and govern your access to and use, including content, functionality, and services offered on or through the domain www.monkeycredits.ca (the “Website”). The terms such as “the customer” refer to any individual visiting, browsing, or otherwise making use of the Website. “the customer” is also referred to as “you,” “he,” “she,” or “they” throughout the terms and conditions. While “he” and “she” refers to people of the male or female identity, it must be noted that “they” is meant to refer only to an individual who identifies with neither male nor female. “they” does not refer to an organization or group.
The Company provides products/services to individuals only. Organizations, businesses, partnerships, co-operatives, corporations, or any other type of group or legal entity formed by more than one individual is/are not eligible to utilize the product(s)/service(s) offered by the Company or Website.

OVERVIEW

The following are the terms and conditions between you and the Company. By either visiting or browsing this Website, or by purchasing a product on this Website, the customer agrees to be bound by these terms and conditions and our Privacy Policy, found at https://monkeycredits.ca/policies/privacy-policy. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE. The customer agrees that they have had the opportunity to read and review the terms and conditions at their leisure and if needed, have access to legal counsel.

MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE WEBSITE

The Company reserves the right in its sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications, and your continued use shall be your acceptance of these. The information and material on this Website and the Website itself may be changed, withdrawn or terminated at any time in our sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.
In order to use this Website or its products or services, the customer acknowledges that they are of legal age of majority in their province, state, or place of residence.

BUSINESS, CONTENT, AND COPYRIGHT

The Company is a provider of continuing education credit courses (the “Courses”) and exam preparation materials (the “Materials”). You understand and agree that the Website 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 arrangements, including without limitation all Courses and Materials (the “Content”) is owned by the Company and is protected in all forms by intellectual property law including without limitation, copyright, trade-mark, patent, trade secret and any other proprietary law. The Content is provided solely for the purposes of completing continuing education credits and that all Courses and Materials are provided for general information purpose only, solely to aid in the preparation of certain examination.

NO RELIANCE

The customer agrees that the Company is in no way responsible for the outcome (success/failure) of the customer in any examination, test, quiz, whether the examination, test, quiz is administered by a third party or by the Company directly. It is not intended to amount to advice on which you should rely for the purposes of completing a successful examination.
Although the Company makes reasonable efforts to update the information including all Content on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date. Your use of the Website is at your own risk, and the Company has no responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements or opinions expressed in any such third party content are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.
You may only use the Website for your personal and non-commercial use. From time to time, and at its sole discretion, the Website may restrict your ability to print off, copy or download certain Content from the Website. The Company makes no representation that any Content will be available for printing, copying or downloading, and if any Content is made available for printing, copying or downloading, the Company provides no guarantee that such Content will be available to print, copy or download in the future. Subject to the preceding, you shall not directly or indirectly reproduce, compile for an internal or external database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website, in any form or medium whatsoever except:

1. your computer and browser may temporarily store or cache copies of Content being accessed and viewed; or
2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

Users are not permitted to modify copies of any Content from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy or download any Content or other part of our Website in breach of these terms and conditions, your right to use our Website 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 Website or to any Content on the Website including without limitation Materials or Courses, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these terms and conditions is a breach of these terms and conditions and may violate copyright, trademark, and other intellectual property laws.
For the benefit of the customer and the protection of the Company, all Content made available by the Company may have the accompanying copyright mark: “Copyright © 20XX by Monkey Credits Inc.” with the XX filling in the year of publication and/or the year of the most recent update.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these terms and conditions or your use of the Website, including, but not limited to, any use of the Website's Content, services, and products other than as expressly authorized in these terms and conditions.

PRIVACY

Any user information and any and information a user submits, posts, publishes, displays or transmits to the Website will be deemed our property and your submissions and use of our Website constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user information submissions in compliance with our Privacy Policy https://monkeycredits.ca/policies/privacy-policy, as we deem necessary for the use of the Website and provision of services.
By using this Website, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze Website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

PASSWORDS AND ACCESS TO COURSES/MATERIALS

The purchase made by the customer is for the use of that individual only. As such, no course access, either for Courses or Materials may be shared with any other individual or otherwise transferred. Access is for the customer only. Passwords must be kept confidential and not shared with any other individual at any time.

TERMINATION OF SERVICE

The Company reserves the right to terminate its relationship with the customer at its sole and absolute discretion at any time. In instances when there is a clear, valid reason for doing so (as determined by the Company) which may or may not include a breach of these terms and conditions, no refund will be made to the customer.

PRICE AND PRODUCT MODIFICATIONS

The Company reserves the right to change (in full or in part) both the content of any product (including Courses and Materials) and the price of any individual product (including Courses and Materials) or group of products (including Courses or Materials) at any time without notice. Should a product or group of products change in price, the Company has no obligation to either honour past prices or to provide a discount or refund, either full or partial, to any customer(s) who have already completed a purchase.

REFUNDS

All refunds must be requested in writing to the Company at the following email address ryan@monkeycredits.ca. For all Courses, refunds are not available if any of the following conditions are met:

1. The certificate of completion was produced; or
2. The purchase was made more than 14 days prior to the time the refund is being requested.

In addition, for purchases made during the final 14 days of the calendar year, no refunds are available after December 31st of that calendar year. For all Materials, refunds are not available once the purchase is completed. Should a customer have any questions regarding any product to be purchased (including Materials or Courses), they may contact the Company at the email address provided for more information prior to entering into the transaction.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT, INCLUDING MATERIAL OR COURSES POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LIMITATION OF LIABILITY

The customer agrees that the maximum dollar amount for which the Company can be held liable is no more than the amount spent on a product/service with the Company, or $495, whichever is greater.
UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS 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, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

PARTIES USED TO DELIVER THE PRODUCT OR SERVICES

The Website is owned by the Company and is powered by Shopify Inc. who is also responsible for payment processing. The Courses are powered by software supplied by TalentLMS. As such, where there is a service interruption and/or any other issue that arises as a result of the actions (or lack thereof) of these “third parties”, the customer agrees that the liability lies with the “third party” and not with the Company.

GOVERNING LAW

The terms and conditions and/or any additional agreements made between the customer and Monkey Credits Inc. shall be governed according to the laws of the province of Ontario. The address for Monkey Credits Inc. is PO BOX 658, Toronto Adelaide Retail, Toronto (ON), M5C 2J8.

Should there be any discrepancy between the English and French Terms of Service and/or Privacy Policy, it is agreed by all parties that the English version be consulted/used/applied to all matters where the terms and conditions and/or privacy policy be consulted/used/applied.

NO WAIVER

No waiver under these terms and conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these terms and conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

ENTIRE AGREEMENT

The terms and conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, bother written and oral, regarding such subject matter.

SEVERABILITY

If any term or provision of these terms and conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these terms and conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Contact information / Questions

All questions about these terms of conditions may be addressed to ryan@monkeycredits.ca.

In accordance with Canada Anti-Spam Legislation (CASL), Monkey Credits Inc. specifies that the posting of the email address: ryan@monkeycredits.ca and/or any other email address ending in "@monkeycredits.ca" does not constitute "implied consent" to being contacted with any unsolicited offers.

Date of Last Updated: 2022-10-03