EDKOSMOS.COM WEBSITE TERMS OF USE
Welcome to the Internet site of EDKOSMOS.COM, operated by White North Edutech Inc. (referred to herein as the “Company“, “we“, “us”, or “our“). EDKOSMOS.COM is a website which provides members of the public who are interested in learning about various educational, vocational, and non-vocational programs (each a “Program”) offered by an educational institution (each an “Educational Institution”) in Canada.
1. Acceptance of Agreement
EDKOSMOS.com maintains this site as a service to its customers. You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to the EDKOSMOS.com site (the “Site”). This Agreement constitutes the entire and only agreement between EDKOSMOS.com and a user of the Site (“User”), and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, information about the Programs, the content, goods, and services provided by or through the Site, and the subject-matter of this Agreement. Users agree to review this Agreement prior to reviewing any information or obtaining any information on Programs. This Agreement may be amended by us from time to time without specific advance notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the site.
2. 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. The copying, redistribution, use or publication by a User of any such content or any part of the Site, except as allowed by Section 3, is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Limited Right to Use
The viewing or downloading of any content, form or document grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).
4. Editing, Deleting and Modification
EDKOSMOS.com reserves the right in its sole discretion to edit or delete any information or other content appearing on the Site.
5. Indemnification
User agrees to indemnify, defend, and hold EDKOSMOS.com and its partners, attorneys, staff, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to a User’s violation of this Agreement or use of the Site.
6. Non-transferable
User’s right to use the Site is not transferable. Any password or right given to User to obtain information or application forms is not transferable.
7. Disclaimer
(1) THE INFORMATION FROM OR THROUGH THE SITE 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 INFORMATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. EDKOSMOS.COM AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER’S USE OF ANY INFORMATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, EDKOSMOS.COM AND THE AFFILIATED PARTIES 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), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EDKOSMOS.COM AND USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(2) The information within the Site or available through the Site may not be appropriate under the circumstances for any educational program. Requirements for the validity of a Program may also vary greatly from province to province. Laws change rapidly and may be interpreted differently in various jurisdictions. No representations, warranties or guarantees whatsoever are made as to the accuracy, currentness, completeness, adequacy, reliability, suitability, or applicability of any information with respect to any Program.
8. Use of Information
EDKOSMOS.com reserves the right, and User authorizes EDKOSMOS.com, to the use and assignment of all information regarding Site uses by User and all information provided by User in any manner consistent with the EDKOSMOS.com Privacy Policy.
9. Third Party Services
EDKOSMOS.com operates an interactive service allowing access to Educational Institutions from which Users may request information, and/or submit application to Educational Institutions, for various Programs. User understands that EDKOSMOS.com does not operate or control these Programs, or any other products or services offered by Educational Institutions. Educational Institutions are responsible for all aspects surrounding the delivery of the Programs, including determining your suitability or eligibility for any Program. EDKOSMOS.com is not a party to the transactions entered into between Users and Educational Institutions. User agrees that use of the EDKOSMOS.com service is AT THE SOLE RISK OF USER AND IS WITHOUT WARRANTIES OF ANY KIND BY EDKOSMOS.COM, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS COMPANY.COM LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND EDUCATIONAL INSTITUTIONS OR FOR ANY INFORMATION APPEARING ON EDUCATIONAL INSTITUTIONS SITES OR ANY OTHER SITE LINKED TO THE EDKOSMOS.COM SITE. EDKOSMOS.COM WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE EDKOSMOS.COM SERVICE.
10. Educational Institution Policies
All rules, policies (including privacy policies) and operating procedures of Educational Institutions will apply to Users while on the Educational Institutions’ sites. EDKOSMOS.com is not responsible for information provided by Users to Educational Institutions. Educational Institutions and EDKOSMOS.com are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
11. Miscellaneous
This Agreement shall be treated as though it were executed and performed in the Province of Ontario shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles). Any cause of action of User with respect to the Site (and/or information thereon) must be instituted within twelve (12) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the Province of Ontario. User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of EDKOSMOS.com to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
12. Links to Other Web Sites
The Website contains links to other web sites or resources. You acknowledge and agree that EDKOSMOS.COM is not responsible or liable for (1) the availability or accuracy of such other web sites or resources; or (2) the content, advertising, or products on or available from such other web sites or resources. You acknowledge that use of any third-party website is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by EDKOSMOS.COM of such sites or the content, products, advertising, or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of EDKOSMOS.COM and the third-party site may provide less security than the Website. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and EDKOSMOS.COM shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
13. Privacy Policy and Password Protection
Your use of the Site is governed by the EDKOSMOS.COM Privacy Policy. It is imperative you take responsibility for the security of your Site name and password. Regardless of the location from which you are using the Site, it is important to log out after your session ends.
