Scaled Analytics

Scaled Analytics eLearning Terms and Conditions

At Viemo Scaled Analytics Inc. (Scaled Analytics), we try to keep our terms and conditions reasonable and easy to understand.

Please read and accept these terms before ordering ANY Scaled Analytics eLearning course.

PLEASE NOTE THAT THAT ALL FEES ARE NON-REFUNDABLE (see Section 2.4).

By creating an account, you agree to these terms which will bind you. If you do not agree to these terms, please cancel account creation. You can contact us at [email protected] if you need clarification of any of these terms and conditions.

1 DELIVERY OF TRAINING COURSES

1.1 Scaled Analytics reserves the right to change the course content of any Training Course at any time and without notice. Scaled Analytics will take every reasonable effort to ensure that any updated course content does not change the overall learning objectives of the course.

1.2 Scaled Analytics reserves the right to amend this Agreement if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the quality of the eLearning Courses. In such cases, Scaled Analytics shall notify the Customer.

1.3 Scaled Analytics agrees to allow the Customer to access the online Course(s) that the Customer is enrolled in for a period of no less than 365 days.

2. FEES AND PAYMENT

2.1 Unless alternate arrangements are agreed upon by both parties, payment is due in full before the course content will be available to the Customer.

2.2 Payment is preferred to be made online with credit card, but alternative payment arrangements can be made by contacting Scaled Analytics (see contact information below).

2.3 Customers residing in Canada will be charged GST or HST, depending on their province of residence. Those customers may contact Scaled Analytics to request a receipt that includes the tax breakdown (see Section 11.2).

2.4 ALL PAYMENTS ARE FINAL, NON-REFUNDABLE and NON-TRANSFERABLE. PLEASE MAKE SURE THAT THE COURSE YOU ARE ENROLLING IN WILL MEET YOUR LEARNING REQUIREMENTS. IF YOU ARE UNSURE, PLEASE CONTACT US FOR MORE INFORMATION ON ANY OF OUR COURSES.

3. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

3.1 All intellectual property rights in or arising out of or in connection with the Training, including, but not limited to, any associated Training Materials, Videos, Charts, Screenshots, Images, Reports and quizzes shall be owned by Scaled Analytics.

3.2 All material, unless otherwise stated, is protected under Copyright by Scaled Analytics or its licencors and may not be reproduced, in any way, in whole or in part, without the prior written consent of Scaled Analytics.  

3.3 Material accessed through links external to the course (if applicable) may also be protected by copyright. It is the sole responsibility of the Customer to determine the copyright status of such material.

4 LIMITATION OF LIABILITY

4.1 Nothing in these Terms and Conditions limits any liability which cannot legally be limited

4.2 Subject to clause 4.1:

4.2.1 Scaled Analytics shall not be liable whether in tort, contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, loss or corruption of data or information, pure economic loss, or for any special, indirect or consequential loss, costs, or damages, however arising;

4.2.2 Scaled Analytic’ total aggregate liability in contract, tort, misrepresentation, restitution or otherwise, arising in connection with the Agreement shall be limited to the total Charges paid for the Training Course.

4.3 This clause 4 shall survive termination of the Agreement.

5. TERMINATION

5.1 Without affecting any other right or remedy available to it, either party to the Agreement may terminate it immediately by giving written notice to the other party if:

5.1.1 the other party commits a material breach of any term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 calendar days after being notified in writing to do so;

6. CONSEQUENCES OF TERMINATION

6.1 On termination of the Agreement:

6.1.2 any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect.

6.2 Termination of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.

7. FORCE MAJEURE

Scaled Analytics shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement by directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services provided that the Customer is notified of such an event and its expected duration.

8. ENTIRE AGREEMENT

8.1 The Agreement shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

8.2 Each party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.

9. NON-TRANSFERABLE

9.1 The Customer acknowledges that its rights or obligations under the Agreement are non-transferable without the consent of Scaled Analytics. Such consent may be withheld at Scaled Analytics’ sole discretion.

10. NO PARTNERSHIP OR AGENCY

Nothing in this Agreement is intended to create or suggest a partnership between the parties or authorize either party to act as an agent for the other. Neither party shall have the authority to act in the name of, on behalf of, or otherwise bind the other in any.

11. NOTICES

11.1 Any notice required to be given under the Agreement shall be in writing and shall be delivered by post or email to the other party at its address set out in the Agreement.

11.2 Notices for Scaled Analytics should be sent to:

Viemo Scaled Analytics Inc.
555 Legget Drive
Suite 304 – Tower A
Kanata, ON K2K 2X3 CANADA
email: [email protected]

12. GOVERNING LAW

The Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and interpreted in accordance with the laws of the province of Ontario, Canada.