ONLINE CONTRACT



The following is the terms of the agreement between Do Education International – a division of Do Financial Consulting Corp. (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (the “Site”).  For the purpose of discussing or referring to any school board, college, university or private organization that offers any type of third party education through our Site, they shall be known herein as (the “Education Provider”).  If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

1.    INTRODUCTION

Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.  Buyer agrees to have this Contract translated, at Buyer’s own option, into Buyer’s native language by any third party for Buyer’s complete understanding of this Contract.

2.    SETUP AND PAYMENT

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes, fees & deposits. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.

3.    COPYRIGHT

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

4.    EDITING, DELETING, AND MODIFICATION

Company reserves the right in its sole & absolute discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole & absolute discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

5.    RIGHT TO REFUSE

Company reserves the right in its sole & absolute discretion to refuse service at any time. Sale of any goods or services is subject to availability.



6.    INDEMNIFICATION

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

7.    NON-TRANSFERABLE

Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.

8.    DISCLAIMER

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PROGRAM LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME PROVINCE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

9.    REFUND POLICY

If the Buyer requests a refund for an educational program offered on our Site from any third party or Education Provider, it must be made in writing & delivered to the postal address of the third party or Education Provider.  Company is not responsible for the delivery of the refund request letter.  If Citizenship and Immigration Canada refuses entry to a student, a refund may or may not be granted depending on each Education Provider’s refund policy, timeline or process for the refund. The letter of refusal from Canadian Immigration must be provided with the refund request.  Company is not responsible for making the refund if any third party or Education Provider doesn’t grant a refund to the Buyer.  Each third party or Education Provider has their own detailed refund policy & Company is not responsible for any errors & emissions found in their refund policy or on Company’s Site.  However, Company will make every effort to keep the Site updated & Buyer informed of any changes to any refund policy, timeline or process.  The refund policy, timeline & process are listed under each third party’s or Education Provider’s program detail page on our Site for your viewing.  Buyer is responsible & deemed to have understood the refund policy, timeline or process when accepting this Contract.  Buyer is responsible for getting any legal counsel required to understand this Contract before accepting.  Buyer has had the opportunity to have this online Contract translated at the Buyer’s expense should they require it & Company is not responsible to have this Contract translated.  Purchase of a good or service shall be deemed acceptance of this Contract & all refund policies. Company is responsible for providing quality services such as consulting the Buyer about quality ESL programs, homestay placements, school placements, location research & education consulting.  When Company provides these proactive services & this active research there is a small cancellation fee of $250 CAD over & above any non-refundable fees held by any third party or Education Provider.  No refund will be granted to a student who is dismissed from the program due to breaking a law, policy or regulation as determined by the Government of Canada, any third party, Education Provider or Company.  All electronic, downloadable programs or products are non-refundable unless stipulated on the sales copy page for the product.  All recurring monthly tuition charges for ESL video classrooms, membership programs or for any other programs sold, developed, created or conducted by Company may be refunded upon request within 15 days of the original date of receipt.  For any refund to be valid, no ESL video classrooms should have been attended with exception to any trial lessons granted from Company in advance.  No partial recurring monthly tuition charges for ESL video classrooms, membership programs or for any other programs sold, developed, created or conducted by Company may be refunded after 15 days of the original date of receipt.  All programs or products should be returned to the Company unless otherwise stipulated.

10.    USE OF INFORMATION

Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

11.    GOVERNING LAW

This Contract shall be treated as though it were executed and performed in Ontario, Canada and shall be governed by and construed in accordance with the laws of Ontario, Canada (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

12.    LITIGATION

All legal proceedings arising out of or in connection with this Contract shall be brought solely in Ontario, Canada and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

13.    ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the "I Agree" button below. If you do not agree to the terms of the Subscriber Agreement, please click the “I Don’t Agree” button to log off the system.

If you don’t click on “I Agree” then you will not be able to purchase any goods or services.

ONLINE SUBSCRIPTION AGREEMENT


1.    INTRODUCTION

Welcome to Do Education International & our ESL Video Classrooms!  We start every new subscriber relationship with a contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you should click "Yes" at the end of the contract to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by clicking “Yes” will you be able to access and use the services available on this Web Site.

2.    ACCESS AND SERVICES

Your access to the various services available on this system depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.

3.    FEES AND PAYMENT

We will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. The current prices are $49/month for all membership services.  All prices are in Canadian dollars.  There will be on-going promotional options that will be stipulated in the sales copies on the websites.  You will be given the opportunity to pay by credit card when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change.

4.    SYSTEM RULES

You agree to be bound by certain rules which are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.

5.    PRIVACY CONSIDERATIONS

Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications.



6.    PROPRIETARY RIGHTS

By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.

Your use of our system, affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system which we or our suppliers own.

7.    LIMITATION OF LIABILITY

You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every Online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

8.    INDEMNITY

You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

9.    DISCLAIMERS OF WARRANTY

THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

10.    CHOICE OF LAW

You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the Ontario, Canada, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the Ontario, Canada. In addition, you agree to submit to the jurisdiction of the courts of the Ontario, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the Ontario.

11.    ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT, please click the "Yes" button below. If you do not agree to the terms of the Subscriber Agreement, please click the “No” button to log off the system.