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TERMS & CONDITIONS

Last Updated: 3 MAY 2024

Acceptance of the Terms of Use.

AIT offers services and products which are provided by AIT TR Inc., our parents, subsidiaries and affiliates (collectively “AIT”, “we”, “us”, “our”). The Terms are a binding legal agreement between you and AIT which govern your access to and use of our website at ait-tr.ca, other websites that are operated by us, apps and services offered by us (collectively the “Service”).

By using the Service or by clicking to accept the Terms, you accept and agree to be bound and comply with these Terms and our policies referenced in these terms. 

Definitions

In these Terms:

“Faculty” means AIT employees and contractors engaged in teaching, research or administrative roles.

“Student” means individuals enrolled in courses or programs offered by AIT.

“submit” includes submit, post, publish, display, or transmit.

“user” means any Student, Faculty or other user of the Service.

“User Content” means any content, material and other information submitted by a user to the Service.

Our Service

The Service enables you to obtain educational services and to access and obtain related administrative materials and services from AIT

Who May Use our Service

You may only use the Service if:

  1. you are at least 18 years of age and

  2. you comply with applicable law, these Terms and our policies which include the Acceptable Use Policy and such other policy as we may implement from time to time (the “Policies”);

If you violate the Terms or any Policies, we may, in our sole discretion, terminate or suspend your access to the Service.

User Account

Faculty, Students and other users may create or be provided with an AIT account to access certain features and services. You agree that your use of an account must comply with our Acceptable Use Policy. 

It is a condition of your use of the Service that all the information you provide to us is accurate and complete and you agree to update your information from time to time to keep it accurate and complete.

We reserve the right at any time and from time to time, to disable, suspend or terminate your account, any username, password, or other credentials, whether chosen by you or provided by us, in our sole discretion for any reason, including any violation of any provision of these Terms or any Policies.

Modifications to the Terms of Use and to the Service

We reserve the right in our sole discretion to revise and update these Terms and Policies and implement new Policies from time to time. Any and all such modifications or new Policies are effective immediately upon posting and apply to all access to and continued use of the Service. You agree to periodically review these Terms and Policies in order to be aware of any such modifications or new Policies and your continued use shall be your acceptance of these modifications.

The information and material on this Service, and the Service, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is restricted to users or unavailable at any time or for any period.

Intellectual Property Rights and Ownership

You understand and agree that the Service and its entire contents, features, and functionality are owned by AIT and/or its licensors.  We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

Nothing in these Terms grants you any rights in the Service other than as necessary to enable you to access the Service. 

User Content 

Students, Faculty and other users may be able to submit User Content, including course work and online discussions, to the Service. All User Content which you submit must comply with applicable law, these Terms and all Policies.

User Content: Grant of License

By providing any User Content to the Service, you grant us the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to reproduce, modify, perform, display, distribute, and otherwise use the User Content. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.

By submitting the User Content, you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns to the User Content and comply with these Terms. You represent and warrant that all User Content comply with applicable laws and regulations and these Terms.

AIT has the right, without provision of notice to remove, modify or refuse to post any User Content for any reason in our sole discretion.  We may also take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.

We have no obligation, nor any responsibility to any party to monitor the Service or its use, and do not and cannot undertake to review material that you or other users submit to the Service. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

Payment and Refunds

This Service may enable you to purchase goods or services.  The purchase may be subject to additional terms which are made available to you before you place an order or a separate agreement. To the extent that any additional terms are inconsistent with these Terms, the additional terms shall prevail. To the extent that the order is subject to a separate agreement (for example, student tuition is subject to a separate student agreement), the provisions of these Terms under the Payments and Refunds do not apply to that order.

All orders are subject to availability.  We reserve the right to accept or reject the order once you have completed and placed your order. We also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, we will refund the payment to the credit card you provided for payment.

Any shipping or other additional charges will be presented to you at the time you place your order. Any delivery date provided to you is an estimate only. We are not responsible for any late deliveries.

The order total will be charged to the credit card you entered when the product is shipped. If your payment is declined or reversed for any reason, your order will be cancelled and your order will not be shipped or, if shipped, you will be responsible for paying for your order by such other method as we may accept within five (5) days of request.

Third Party Content and Services

This Service may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by AIT, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of AIT.  AIT is not responsible or liable to you, or to any third party, for the content or accuracy of any third-party materials.

For your convenience, this Service may provide links to third-party websites or mobile applications (“Third Party Services”). We make no representations about any Third Party Services that may be accessed from this Service. If you choose to access any Third Party Services, you do so at your own risk. We have no control over the contents of Third Party Services and accept no responsibility for Third Party Services or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of Third Party Services.

Security

The security of your personal information is important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are required to ensure their use of their account complies with the Acceptable Use Policy, including provisions related to their account credentials. If your account has been compromised or accessed by a third party, you must notify us immediately at the email address below.

Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Service. Any transmission of personal information is at your own risk. 

Disclaimer of Warranties

You understand and agree that your use of the Service, its content, and any services or items found or attained through the Service is at your own risk. The Service, its content, and any services or items found or attained through the Service 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 AIT nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Service or its contents. Without limiting the foregoing, neither AIT  nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns represent or warrant that the Service, its content, or any services or items found or attained through the Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our service or the server that makes it available are free of viruses or other harmful components.

Disclaimer of Warranties

You understand and agree that your use of the Service, its content, and any services or items found or attained through the Service is at your own risk. The Service, its content, and any services or items found or attained through the Service 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 AIT nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Service or its contents. Without limiting the foregoing, neither AIT  nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns represent or warrant that the Service, its content, or any services or items found or attained through the Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our service or the server that makes it available are free of viruses or other harmful components.

Limitation on Liability

Except where such exclusions are prohibited by law, under no circumstance will AIT nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns 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, or reliance on, the service, any linked websites or mobile applications or such other third-party websites or mobile applications, nor any content, materials, posting or information thereon even if the party was allegedly advised or had reason to know.

If, not with standing the previous paragraph, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Service exceed the greater of (a) the total amounts you paid to us in the 6 months prior to the action giving rise to liability, and (b) One Hundred Canadian Dollars ($100.00 CAD).

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless AIT, its parent, subsidiaries, 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 lawyers’ fees) arising out of or relating to your breach of these Terms or your use of the Service, including, but not limited to, your User Content, third-party sites, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

Dispute Resolution and Arbitration

Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to the Service, or the breach, enforcement, interpretation, or validity of these Terms or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to us at the email address specified below and to you at the email address associated with your account. To the maximum extent permitted by law, both you and AIT agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration against the other party.

Except to the extent prohibited by applicable law, if you and AIT are unable to resolve the Dispute, the Dispute shall be determined exclusively by binding arbitration. 

Governing Law and Jurisdiction

These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions and notwithstanding your domicile, residence or physical location.

 

Subject to the dispute resolution and arbitration provision, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding which may arise out of, or in connection with, the Service or these Terms.  You agree not to commence any such action or proceeding except in Toronto, Ontario, Canada.

Notice

Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at admin@ait-tr.ca and all notices from us to you will be displayed on our Service from time to time or sent to you at the email address associated with your account.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms 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.

Severability

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

No Assignment

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.

Entire Agreement

The Terms, our Policies and any applicable Additional Terms constitute the sole and entire agreement between you and AIT regarding the Service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Residents of Quebec / Résidents du Québec

The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

Contact

Should you have any questions regarding these Terms, you may contact us at: 

AIT TR Inc 

2967 Dundas St. W. #843

Toronto, ON M6P 1Z2

admin@ait-tr.ca.

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