Terms and Conditions

TERMS AND CONDITIONS

THIS WEBSITE (“SITE”) IS OPERATED BY TEND ACADEMY LTD (“TEND ACADEMY”). THE USE OF THIS SITE, MOBILE APPLICATIONS, CHARTS, VIDEO, GRAPHS, IMAGES, REPORTS, OTHER MATERIALS, TOOLS, PRODUCTS, SERVICES, PUBLICATIONS AND INFORMATION (COLLECTIVELY “MATERIALS”) IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT BELOW. THE INFORMATION AND MATERIALS PROVIDED HEREIN IS OWNED BY OR LICENSED TO TEND ACADEMY. BY USING THESE MATERIALS COLLECTIVELY (“WE/US”), YOU, YOUR PRINCIPAL, EMPLOYER, ITS EMPLOYEES, AGENTS OR END CLIENT, AS APPLICABLE, (“YOU”) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND AS AMENDED PERIODICALLY (“TERMS”).

If You do not agree with the following Terms do not use these Materials or Site. We reserve the right to update and change the Terms by posting updates and changes to the Site without notice to You. Your use of the SITE constitutes your agreement to all such terms, conditions, and notices, including the mediation/arbitration provisions and class action waiver below.

Agreement Between You and TEND Academy Ltd.

You understand and agree that it is your responsibility to review the Terms.

The information and Materials on this Site are not professional advice or advice in any form nor does it constitute psychological or other professional services and should not be relied upon as such. In addition, the Materials should not be relied on as proof of suitability or competence and they are not a substitute for the skill, judgment and experience of any person or professional. In addition, TEND Academy makes no representation that material in the Site is appropriate or available for use outside of the territory of the intended audience.

TEND Academy assumes no obligation to update the Materials following publication in any form or format.

Limited Licence Grant

TEND Academy grants you a non-exclusive, non-transferable, limited license to access and use the Site and the Materials only for non-commercial use, except where the applicable fees have been paid. You may read, view, print, download, and copy the material on this Site for your personal and non-commercial use, but only if you acknowledge the Site as the source of the material and include the copyright statement “© TEND Academy Ltd, all rights reserved”.

Unless specifically indicated, no other use of the material is permitted.

Links to Third Party Sites / Third Party Services

This Site and some of its Materials contain links to other third party sites and resources (“Third Party Sites”). Those links to Third Party Sites are provided as citations and aids to help you identify and locate other resources that may be of interest, and are not intended to state or imply that TEND Academy endorses, sponsors controls, is affiliated or associated with, or is legally authorized to use or authorizes you to use any third party trade name, registered trademark, logo, legal or official seal, or copyrighted materials from these Third Party Sites therein.

Privacy – Sharing of Your Information

TEND Academy respects the privacy of its website visitors. Please refer to our Privacy Statement for an explanation of your rights and responsibilities with respect to the information that is disclosed on this Site.

Certain services made available via this Site may be delivered by third parties. By using any product, service or functionality originating from this Site, you understand, acknowledge and consent that TEND Academy may share your personal information and data with third parties with whom TEND Academy has a contractual relationship to provide the requested product, service or functionality on behalf of TEND Academy users and customers.

Limitation of Liability

TEND Academy is not responsible for any loss, injury, claim, liability, or damage related to your use of this Site or any site Third Party Sites, whether from errors or omissions in the content of this Site or any other Third Party Sites, from the site unavailability to any other use , including the use of the products, services and programming offered thereunder. The Materials are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. In short, your use of this Site and any Third Party Site is at your own risk.

Fees and Renewals

TEND Academy offers many online courses through the Site and the initial term of use for each such online course may vary, but shall not exceed twelve (12) months from the date of purchase. Many of the online courses also feature renewal options for a fee. The online course fees and the renewal fees are non-refundable.

Termination/Access Restriction

If you violate any of this Site’s s Terms and Conditions, TEND Academy reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, including but not limited to any purchased online course, without notice. No refund shall be issued as a result of a violation.

No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You will not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

Intellectual Property Rights

All intellectual property associated with Site and Materials, and the rights to said Site and Materials, belong to and shall remain the sole property of TEND Academy and its licensors, and may not be used in connection with any product or service that does not belong to the Site. You may not and agree not to modify, copy, distribute, frame, reproduce, republish, display, post, transmit or sell in any form or by any means, in whole or in part, the Site and Materials without TEND Academy’s express and prior written permission. You may not republish the Site or Materials on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation.

You recognize and acknowledge the validity and ownership of TEND Academy’s intellectual property rights and all of the goodwill associated therewith.

You undertake not to oppose or challenge any of TEND Academy’s intellectual property rights. As a condition of your use, and/or your continued use, of the Site and Materials, You undertake not to employ your access to the Site and Materials, account and registration with Us as a means to gather information and/or insight for use – on behalf of yourself and/or on behalf of any associate, whether personal or corporate – toward the development of any business enterprise that could reasonably be deemed to be competitive with the Site and Materials.

As a condition of your use, and/or your continued use, of the Site and Materials, You acknowledge and understand that We reserve the right to seek full damages and compensation, including, but not limited to, an accounting of revenues, arising out of the exploitation of your position and perspective as an account holder toward the development of, or assisting anyone, whether personal or corporate, toward the development of, any business enterprise that could reasonably be deemed as competitive with the Site and Materials.

Nothing contained in this Site should be construed as conferring any licence or right under any intellectual property (including patents, trademarks and copyright) of TEND Academy or any third party.

TEND Academy claims no ownership in, nor any affiliation with, any third-party trademarks appearing on this website. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of TEND Academy should be inferred from the use of these marks.

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEND ACADEMY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEND HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Alternative Dispute Resolution

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our phone number at 1-613-539-2482. In the unlikely event that TEND Academy is unable to resolve a complaint you may have (or if TEND Academy has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to proceed to mediation in accordance with the alternative dispute resolution provisions below. YOU AGREE THAT THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS HEREIN ARE YOUR SOLE AND EXCLUSIVE MEANS OF DISPUTE RESOLUTION WITH TEND Academy.

References to “TEND Academy “, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. You agree that, by entering into this Agreement, you and TEND Academy are each waiving the right to a trial by jury or to participate in a class action. The alternative dispute resolution provisions herein shall survive termination of this Agreement.

Applicable Law, Governing Law and Venue

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the Ontario, exclusive of conflict or choice of law rules. Any claims, disputes or controversies arising out of or relating to this Agreement shall be governed by the sole and exclusive jurisdiction of appropriate provincial or federal Court located in the Province of Ontario. In the event that any of the alternative dispute resolution procedures or provisions herein are found to be unenforceable, you agree that any claims, disputes or controversies shall be resolved in the provincial and/or federal courts of the Province of Ontario as the sole and exclusive forum, and you hereby attorn and submit to the jurisdiction of the Ontario courts and waive any objection to such jurisdiction and venue.

Confidentiality

The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Scope of Arbitration Clause

In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive, exemplary, incidental, indirect or consequential damages, including damages for lost profits, and the parties waive any right to recover any such damages.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TEND Academy as a result of this Agreement or use of the Site. TEND Academy’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of TEND Academy’s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TEND Academy with respect to such use. Except as otherwise specifically provided herein, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and TEND Academy with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TEND Academy with respect to the Site. You may not assign or otherwise transfer this Agreement, or any right granted hereunder, without TEND Academy’s prior and express written consent. TEND Academy’s rights under the Agreement are freely transferable by TEND Academy. Any failure by TEND Academy to enforce or exercise any provision of this Agreement, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.

Copyright notices

TEND® is a registered Trademark.

Contact Us

Use our Contact Us form;
Email Lisa Doulas, our Director of Operations, at lisa@tendacademy.ca;
or call us 1-613-539-2482 (Monday to Friday, 9:00 AM – 3:00 PM ET)

Terms and Conditions