Terms of Use
Last Updated: September 29, 2023
Introduction
The website owner, Klett World Languages Canada Inc. and its subsidiaries, affiliates and/or related companies, if any (collectively referred to as “Klett World Languages”, “Website Owner”, “we”, “us” or “our”) provides the information, products, and services available on this Website under the domain name www.klettwl.ca, and all our related subdomains and any of the pages comprising the website (“Website” or “website”) and any communications, in any form or medium to visitors (“Visitors”) (collectively referred to as “You”, “Your”, or Yourself) subject to the following Terms of Use, privacy notice and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this Website. Please read these terms carefully before using this Website.
By accessing this Website, You agree to these Terms of Use regardless of whether or not You purchase any products, programs, apps, webinars or services. You are only authorized to access this Website or to use the materials contained in the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these terms, which constitute an Agreement (as defined below) between you and Klett World Languages. If you do not accept these terms, do not use this Website. Klett World Languages reserves the right to change these Terms of Use and the products, services, and programs mentioned in this Website at any time, at its sole discretion, without notice. Klett World Languages reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly
granted herein are reserved.
Copyright Notice
All the information and material contained in this Website and the Klett World Languages software is protected under the copyright laws in applicable jurisdictions and must only be used for personal, non- commercial purposes. This means that you may only view or download material from this Website for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of the materials published on this Website is strictly prohibited unless you have obtained the prior written consent of Klett World Languages or unless it is expressly permitted by this Website. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Website. The use of materials from this Website on any other website or networked computer environment is similarly prohibited.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials published on this Website including, without limitation, fonts, icons, link buttons, and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Trademarks
The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on this Website are registered and unregistered Trademarks of Klett World Languages or their respective owners. Nothing contained on this website should be construed as granting any license or right to use any Trademark without the prior written permission of Klett World Languages or their respective owners. Any use of these Trademarks by any party other than Klett World Languages or their respective owner is expressly prohibited and may not be used in connection with any product or service that is likely to cause confusion in the marketplace, disparage or discredit this Website or Klett World Languages.
External Links
This Website may contain links to third party websites on the Internet that are not under the control of Klett World Languages, and Klett World Languages makes no representation as to their content. Klett World Languages is not responsible for the content or availability of any linked third party websites and use or reliance on any links and the content thereon provided is at Your own risk. When visiting links to any third parties, You must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by You or otherwise to this Website without the express prior written permission of Klett World Languages.
Privacy Notice
You agree and accept all of the terms as contained in the Privacy Notice on the Website, accessible from https://klettwl.ca/privacy-policy.
“As Is” and “As Available” Disclaimers
While this Website may contain references to products, programs, and services and may be accessed internationally, these references do not guarantee that Klett World Languages intends to release those products, programs, apps, webinars and services outside of Canada or in Your particular country.
Except as expressly provided otherwise in an agreement between you and Klett World Languages, all information and software on this website (“Website Content”) are provided “as is” and that use of any Website Content is at your sole and entire risk. You assume all risk as to the selection, use, performance and quality of the Website Content and agree not to use the Website Content in any situation where significant damage or injury to persons, property, or business could occur.
The Website and Website Content are provided ‘as is’ and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Klett World Languages does not warrant that the Website is fit for any particular purpose; that the Website Content will be uninterrupted, error-free or security breach free; that defects will be corrected; that the Website is free of viruses and other harmful components; that the Website is accurate, error free or reliable; or that the materials delivered to your personal computer, computer system, network or other device will not damage your hardware or any software or electronic files stored thereon. The entire risk
as to the results and performance of the Website Content is assumed by You.
Furthermore, Klett World Languages does not warrant or make any representations regarding the use or the results of the Website Content or related documentation in terms of their correctness, accuracy, reliability, currentness or otherwise. No oral or written information or advice given by Klett World Languages or Klett World Languages’ authorized representative shall create a warranty of any kind. Should the Website Content prove defective, you (and not Klett World Languages or Klett World Languages’ authorized representative) assume the entire cost of all necessary servicing, repair or correction. some
jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you.
Limitation of Liability
You acknowledge that Klett World Languages, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that Klett World Languages is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Website (whether caused by tort, breach of contract, equity or otherwise, even if foreseeable). Some jurisdictions do not allow the limitation or exclusion of liability for certain damages above, so some of the above limitations or exclusions may not apply to you.
Notwithstanding any damages that You might incur, the entire liability of us and any of our suppliers under any provision of these Terms of Use and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the product, program app, webinar or service offered by us, or 100 CAD if You haven’t purchased anything through the Website and any product, program app, webinar, or service offered via our Website. You agree to bear all costs resulting from the use of the Website Content. Klett World Languages assumes no responsibility for errors or omissions in the Website Content or other documents which are referenced by or linked to this website.
This Website could include technical or other inaccuracies. Klett World Languages may make changes to material and information on this Website at any time and without prior notice. However, Klett World Languages makes no commitment to update materials on this Website.
Use of the Website
Klett World Languages does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, You warrant and represent to Klett World Languages that You are legally entitled to do so and to make use of information made available via the Website.
User Registration (if created)
You may provide Klett World Languages the following information to create an account: full name (Your legal surname, if an individual) or full name of legal entity, email address, telephone number, and any other information required by Klett World Languages. You represent and warrant that this information is true and accurate.
Consent to Klett World Languages Processing Information About You (if User Account created)
The information You provide to Klett World Languages may reveal, or allow others to identify, Your nationality, ethnic origin, religion, gender, age, geography or other aspects of Your private life. By providing information to Klett World Languages for the purposes of creating Your User account or adding any additional details of Yourself in the Website, You are expressly and voluntarily accepting the terms and conditions of this Agreement and explicitly consenting to allow Klett World Languages to process information about You. Supplying information to Klett World Languages, including any information deemed “sensitive” by applicable law, is entirely voluntary on Your part. You have the right to withdraw your consent to Klett World Language’s collection and processing of Your information at any time, by removing the information from the Website or by closing Your account, but please note that Your withdrawal of consent will not be retroactive.
Duty to Back Up Computer System, Data, and User Content
You agree that it is Your responsibility to maintain backup copies of your computer system and any and all data or electronic files of including, but not limited to, any and all documents, information, programs, user content, or otherwise that are used, posted, stored, or hosted by Klett World Languages, or otherwise used in conjunction with the Website, Klett World Languages products, programs, apps, webinars, and services, and software (“Data”). you further agree that Klett World Languages is not responsible for any Data (as defined herein).
General
Entire Agreement
This Legal Terms and Conditions (the “Agreement”) constitutes the entire agreement between You and Klett World Languages in relation, or with respect, to the subject matter herein and supersedes any and all prior or contemporaneous understandings, representations, or agreements, whether written or oral. Except as expressly set forth herein, neither You nor Klett World Languages shall be bound by any express or implied representations, warranties, promises, covenants, agreements, or the like not recorded herein.
Updates, Changes, or Alteration
Klett World Languages reserves the right to change these terms and conditions at any time, at its sole discretion, without notice. When Klett World Languages updates or changes this document, Klett World Languages shall also revise the “Last Updated” date at the top of this document. Your continued use of the Website constitutes Your agreement to this Legal Terms and Conditions and any updates. You shall be responsible for reviewing the then current version each time You visit the website to stay informed about the terms and conditions of Your use of the Website.
Conflict
In the event of any conflicts or contradictions between the terms and provisions of this Agreement and any other terms and conditions, policies or notices relating to the subject matter herein, the terms and provisions of this Agreement shall prevail. Notwithstanding the foregoing, if You use or purchase our products, programs, apps, webinars or services, you will be subject to additional terms and conditions that will apply and will be controlling. Capitalized terms used, but not defined, herein shall have the means ascribed to them in the Agreement.
Waiver
No indulgence or extension of time which either You or Klett World Languages may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Cession
Klett World Languages shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any terms and conditions, policies and notices to any third party.
Severability
The language of all parts of this Agreement, shall in all cases be construed as a whole, according to its fair meaning. In the event that a court of competent jurisdiction deems any provision of this Agreement to be unreasonable, invalid, void, or unenforceable, for any reason and to any extent, such provision(s) shall be modified in such a manner so as to be valid and fully enforceable to the maximum extent permitted by law. Those provisions found unreasonable, invalid, void or unenforceable shall not affect the remaining provisions of this Agreement, which shall remain valid and enforceable according to its or their terms.
Governing Law and Jurisdiction
You agree that all matters relating to Your access to, or use of, this Website shall be governed by, construed and enforced in accordance with the laws of the Province of Alberta, without regard to its choice or conflict of law rules or provisions. You hereby consent to the exclusive personal and subject matter jurisdiction of the courts of the Province of Alberta, in any action or claim arising out of, under or in connection with this Agreement or the relationship between the Parties hereto. To the fullest extent permitted by law, each party knowingly and voluntarily waives any and all right to a trial by jury in any action or proceeding arising out of, under or in connection with this Agreement or the relationship between the parties hereto.
All claims, disputes, controversies, differences or misunderstandings of any kind between the parties hereto arising under, out of, or in connection with this Agreement, including the existence or continued existence of this Agreement and the arbitrability of a particular issue, which cannot be amicably settled and resolved by the parties hereto, shall be submitted to arbitration by the International Centre for Dispute Resolution Canada (ICDR Canada) to take place in, or if not available in, the closest location to, the City of Calgary in the Province of Alberta, or as otherwise mutually agreed to by the parties. The arbitration shall finally be settled in accordance with the Canadian Arbitration Rules of the ICDR Canada by one or more arbitrators appointed in accordance with the above-mentioned rules. The decision of the arbitration tribunal shall be final and binding upon the Parties and may be enforced in any court of competent jurisdiction, and no party shall seek redress against the other in any court or tribunal except solely for the purpose of obtaining execution of the arbitral award or of obtaining a judgment consistent with the award.
Klett World Languages makes no representation that information on this Website are appropriate or available for use outside of Canada, and prohibits accessing materials from territories where contents are illegal. Those who access this Website may do so on their own initiative and shall be responsible for compliance with all applicable laws.
Export Control Laws
All products, software, documentation and information available on this Website may be subject to export controls administered by Canada, the United States and other countries. Diversion contrary to U.S. law, where applicable, is strictly prohibited. Export, re-export or import of certain products, software, documentation and information may require action on Your behalf prior to purchase or use and it is Your responsibility to comply with all applicable international, national, provincial, state, regional and local laws, and regulations, including any applicable import and use restrictions. By downloading or using any app, program, product, webinar or service from this Website, You are agreeing to the foregoing and all applicable export control laws.
Contact Information, Comments, or Questions
Klett World Languages welcomes Your comments regarding the legal terms. If You have any questions or comments regarding these legal terms, please contact us via [email protected], or the postal mail at the address provided below and Klett World Languages shall use commercially reasonable efforts to promptly respond:
Klett World Languages Canada, Inc.
888 3rd Street SW, Ste 1120, Calgary, AB T2P 5C5
Availability
Klett World Languages uses reasonable endeavors to ensure that the Website and associated products, programs, and services are available 24 hours a day 7 days a week. However, there will be occasions when the Website or service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Klett World Languages. Every reasonable step will be taken by Klett World Languages to minimize such disruption where it is within the reasonable control of Klett World Languages. You agree that Klett World Languages shall not be liable to You for any modification, suspension or discontinuance of the Website or associated products, apps, programs, webinars, or services. Additionally, we reserve the right to modify or terminate any product, app, webinar, program or service being provided for any reason and without notice at any time.