Terms of Use

 

EDC-FITT INTERNATIONAL TRADE LEARNING CENTRE

TERMS OF USE

Export Development Canada (EDC) and Forum for International Trade Training Inc. (FITT) have collaborated in the establishment of the EDC-FITT International Trade Learning Centre (Centre).

The Centre offers learning products and services (including courses and workshops) to individuals and businesses engaged in international trade (Centre Products) through the web site located at https://fittfortrade.com/edc-fitt-online-training (Site). FITT is solely responsible for operating the Centre and the Site and selling and delivering Centre Products.

These terms and conditions (Agreement) describe the legal agreement between (i) each visitor to the Site (you, and inclusive of all Registrants as defined below) and (ii) FITT concerning the access to and use of the Site and the purchase of Centre Products.

If you access or use the Site on behalf of an entity, you represent that you have the authority to bind that entity, and this Agreement is the agreement of such entity. In that event, “you,” “your,” “visitor,” and “Registrant” refer to that entity.

BY USING THE SITE AND/OR CHECKING THE “ACCEPT” CHECKBOX WHEN PURCHASING CENTRE PRODUCTS YOU ARE DEEMED TO HAVE READ AND ACCEPTED THIS AGREEMENT (INCLUDING ANY ADDITIONAL TERMS AND POLICIES INCORPORATED INTO THIS AGREEMENT) AND AGREE TO BE BOUND BY THEM.

FITT recommends that you print a copy of this Agreement and retain it for your records.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, OR ANY PART OF THEM, YOU MAY NOT USE THE SITE OR PURCHASE CENTRE PRODUCTS MADE AVAILABLE THROUGH THE SITE.

Visitors and Registrants Eligibility

FITT invites visitors to the Site and Registrants to access and use the Site:

Visitors: Visitors are those persons who access the Site and view information and content located on the Site.

Registrants: Registrants are those Visitors that have registered to purchase a Centre Product.

FITT Site

FITT also operates the web site at www.FITTforTrade.com (FITT Site) which provides trade related educational information and sells on-line skills training courses (FITT Products). Access to and use of the FITT Site is subject to the FITT Site Terms located at https://fittfortrade.com/legal-notice.

General Site Content and Information

Site content includes information and content made available to Visitors (Site Content) excluding any content (such as Centre Products) that requires the payment of a fee. Site Content is provided by FITT solely for a Visitor’s personal use and information in order to learn more about Centre Products as well as general information concerning matters relating to international trade. Site Content includes content which is both owned by FITT and acquired by FITT from third parties. Site Content is subject to change without notice and is subject to the limitations and disclaimers set out below or otherwise on the Site.

All Site Content is protected by copyright. FITT grants you a personal, non-transferable and non-exclusive right to access, read and print Site Content, which shall be used by you solely and exclusively for your personal and private use. You may print any printable Site Content material contained on the Site provided that the following three conditions are met: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Site Content may not be otherwise copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of FITT. If you require further clarification on your use of any Site Content please contact FITT via email at info@fitt.ca. FITT makes reasonable efforts to ensure that information on the Site is accurate and current, but FITT does not take responsibility or liability for omissions or mistakes in Site Content.

Content Disclaimers

The Centre Products and Site Content (including any facts, views, opinions, recommendations) is provided to you for general information and educational purposes only.

Neither FITT nor EDC provide or guarantee, nor are any Centre Products and Site Content intended to be relied on by you or interpreted as financial, legal, tax, accounting, trade or other advice or recommendations. You should use your own judgment in making use of any Centre Products and Site Content and are responsible for your own research and decisions. The Centre Products and Site Content do not replace consultations with professional advisors. It is strongly recommended that you seek appropriate independent advice from qualified professional advisors before making any decisions.

If the Site or Site Content contains third-party content, such as links to third-party websites, licensed third-party content and advertisements, your use or reliance on third-party content is solely at your own risk. Third-party content is not under the control of FITT or EDC and they are not liable for errors, omissions or delays in third-party content.

Neither FITT nor EDC are responsible or liable for the content, accuracy, relevancy, legality or decency of material contained on third-party websites and will not be responsible or liable in any way for any loss or damage incurred by you in connection with your use or reliance on third-party content.

Purchase of Centre Products and Registration

In order to purchase Centre Products you must register with FITT through the Site and provide FITT with certain current, complete, and accurate registration information, which may include your name, email address, contact information and other data or information that has been requested by FITT during the account registration or Centre Product purchase process (Registration Data).

Registration Data may in certain circumstances include credit card or other payment related information. You agree to maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate. Registration Data will be used by FITT solely to deliver Centre Products and otherwise in accordance with the terms of this Agreement.

To purchase Centre Products and be a Registrant, you must be at least 18 years old and legally capable of entering into this Agreement. You may not let others use your account, or sell or otherwise transfer your account. You agree not to impersonate or falsely represent your identity or your association with any person. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. If you discover that the security of your account has been compromised, you must notify FITT as soon as possible by contacting FITT through the contact page of this Site. Neither FITT nor EDC shall be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, including any use of the Site by persons having access to your user name and password through any act or omission by you.

Product Fees

All Centre Product fees are indicated on the Site and during the Centre Product purchase process. Centre Product pricing is subject to change at any time without notice. Applicable taxes are extra and are payable by you at the time of Product purchase.

Your online training begins on the date of Centre Product purchase. If purchasing a Centre online course, you will have 90 days to complete your course. If purchasing a Centre online workshop, you will have 30 days to complete your workshop.

Cancellation

Centre Products can only be cancelled in accordance with the Refund and Deferrals Policy below. FITT uses a third party payment processor to process fees.

Refund and Deferrals Policy

Online Course: A refund of course fees, less a course withdrawal processing fee, may be granted if you formally request a refund from a Centre Product course within 30 days after the purchase date provided the Centre Product course final exam is deemed not to have been written and/or you have accessed not more than 25% of the course material. No refund will be issued if you withdraw more than 30 days after your purchase date.

Course Withdrawal Processing Fee: The course withdrawal processing fee is $200 plus applicable tax, per Centre Product course.

To request a refund: Send an email to info@fitt.ca stating your full name, Centre Product name, date of purchase, and reason for refund request.

Online Workshop: A refund of workshop fees, less a workshop withdrawal processing fee, may be granted if you formally request a refund from a Centre Product workshop within 7 days after the purchase date provided the Centre Product workshop final exam is deemed not to have been written and/or you have accessed not more than 25% of the workshop material. No refund will be issued if you withdraw more than 7 days after your purchase date.

Workshop Withdrawal Processing Fee: The workshop withdrawal processing fee is 25% of the original cost of the Centre Product workshop, plus applicable tax.

To request a refund: Send an email to info@fitt.ca stating your full name, course name, date of purchase, and reason for refund request.

Deferral Policy: This deferral policy applies to all assessments and rewrite assessments. A request for an assessment deferral (course extension) may be granted to you if you formally request an assessment deferral in advance of the assessment deadline and pay the assessment deferral processing fee. You can request a deferral by completing an Assessment Deferral Form at https://fittfortrade.com/assessment-deferral-request. You may request a deferral for up to 30 days at one given time. A maximum of three (3) deferrals per assessment is permitted.

Assessment Deferral Processing Fee: The assessment deferral processing fee is $50 plus applicable tax, per deferral.

Rewrite Policy: You are eligible to re-write a failed assessment within 90 days of the original deadline as long as you pay the rewrite processing fee. There is no limit to the number of times an assessment can be re-written. Each re-write must take place within 90 days of the previous re-write deadline. The rewrite processing fee applies to each re-write. You can request to re-write an assessment by completing an Assessment Registration Form at https://fittfortrade.com/assessment-rewrite-registration.

Re-Write Processing Fee: The re-write processing fee is $100 plus applicable taxes per re-write.

Use of Centre Product Materials

All Centre Product materials are protected by copyright. FITT grants you a personal, non-transferable and non-exclusive right to access and use Centre Products (which includes all information and content, course and workshop exercises, case studies and final check questions and answers) solely and exclusively for your personal and private educational use. You may download and print any printable Centre Product material provided to you provided that the following three conditions are met: (i) the material is solely for non-commercial and your personal, private use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Centre Product materials are confidential and may not be otherwise copied, displayed, disclosed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of FITT. If you require further clarification on your use of any Centre Product materials please contact FITT via email at info@fitt.ca.

Information Disclosure to EDC

You agree that FITT may provide your Registration Data (excluding payment or financial transactional information) to EDC. EDC’s use of such Registration Data shall be for program evaluation purposes and customer due diligence purposes related to EDC’s regulatory and reputational risk program. Details about EDC’s regulatory and reputational risk program are available at https://www.edc.ca/EN/About-Us/Disclosure/Pages/infosource-welcome.aspx#operations. The Registration Data shall be used by EDC strictly in accordance with the EDC Privacy Notice located at https://www.edc.ca/EN/About-Us/Pages/privacy-policy.aspx.

Centre Privacy Policy

The Centre’s Privacy Policy describes how FITT collects, uses, and discloses information received from Registrants and Visitors. By visiting or using the Site, you agree to FITT’s collection, use and disclosure of the information provided by you for the purposes described in it. Registration Data will be used by FITT solely in accordance with the terms of this Agreement and the Centre Privacy Policy https://fittfortrade.com/privacy-policy.

If you have provided FITT with your contact information, FITT can use it to communicate with you. You may unsubscribe from marketing and research communications by following the directions in FITT’s communications to you or in the Centre’s Privacy Policy.

The Centre’s Privacy Policy forms a part of this Agreement.

Feedback

You may provide, or FITT may solicit, comments or input regarding the Centre, Centre Products or Site Content, including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of the Centre, Centre Products or Site Content, and the like (collectively Feedback). You acknowledge and agree that your Feedback is not confidential and that FITT may use any Feedback without any obligation or compensation to you and you hereby grant FITT a worldwide, perpetual, irrevocable, transferable, royalty-free and sub-licensable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as FITT deems appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

Accessing Site

You understand that before accessing the Site, Site Content or purchasing and using a Centre Product, it is your responsibility to take protective measures to guard against computer viruses and other disruptive code or elements, such as through the use of industry standard and updated virus scanning tools, and to ensure that you have a complete, current and secure back-up of information and software on your computer or other devices that you may use to access the Site, Site Content or purchasing and using a Centre Product. Neither FITT nor EDC are responsible for any telecommunication or Internet or wireless service provider fees or other third party fees you may incur.

Trademarks

All product, brand and company names and logos and trademarks (marks) displayed on the Site are the trademarks of FITT or EDC or other third party licensors. Any use of any of the marks appearing on the Site without the express written consent of FITT or the applicable mark owner is strictly prohibited.

Intellectual Property

FITT (and its licensors) own all rights, title, and interest in and to the Site Content and the Centre Products (and all content and material forming part of such Centre Products), including, but not limited to, images, photographs, graphics, audio, video, messages, informational text, design of and "look and feel," layout, design and functions, documentation, files (collectively the FITT IP). Nothing in this Agreement shall be deemed to convey to you, or create or grant to you, a license to any FITT IP except to the extent of any limited rights expressly granted in this Agreement. FITT and its licensors reserve all rights not expressly granted in this Agreement.

Third party Beneficiary

You agree that EDC is a third party beneficiary to this Agreement and is entitled to directly enforce the terms of this Agreement, inclusive of all limitations and exclusions of liability and any releases granted in favour of EDC even though EDC is not a party to the Agreement.

No Framing or Scraping

Except as expressly authorized in this Agreement, any copying, republication or redistribution of any part of the Site or any Site Content or Centre Products, including by caching, framing or similar means, is expressly prohibited without the prior written consent of FITT. You may not systematically collect any Site Content from the Site using any data mining, robots, or other data gathering and extraction methods.

Disclaimer of Warranties

Your access to and use of the Site, Site Content and Centre Products is at your sole risk.

You expressly understand and agree that the Site, Site Content and Centre Products and any other content and other information and materials available on the Site or as provided through the Site are provided on an "as is" and "as available" basis without any representations or warranties or conditions of any kind or nature whatsoever.

To the fullest extent permitted by applicable law FITT expressly disclaims all warranties, conditions and representations, whether express or implied, and whether arising by statute or otherwise in law, from a course of dealing or usage of trade, and including without limitation, any implied warranties, the warranty of merchantability, title or non-infringement of third parties rights, the warranty of fitness for particular purpose, any warranty as to quality, completeness, accuracy, or compliance with any specifications.

FITT specifically makes no representations or warranties that the Site, Site Content and Centre Products will be provided on an uninterrupted, timely, secure or error-free basis or that the results derived therefrom will meet your requirements or expectations or that the site and any content is free of computer viruses and other harmful elements.

Limitations and Exclusions

To the maximum extent permitted under law, in no event whatsoever, shall FITT or EDC or any of their respective directors, officers, employees, shareholders, members, affiliates, agents and third-party contractors, licensors and suppliers (collectively the FITT Parties) be liable to you, or to any other party, for any loss or damage of any kind or nature whatsoever, including without limitation, any direct, indirect, special, consequential, incidental, exemplary or punitive damages, that is suffered or incurred or arises in any connection with the use of the Site or any Site Content or Centre Products purchased or licensed through the Site however caused and whether or not foreseeable (and regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, by statute or otherwise and regardless of the occurrence of a fundamental breach or failure of essential purpose), even if the FITT Parties or any of them has been informed in advance or ought reasonably to have known of the potential for such loss or damages. To the extent that the foregoing limitations and exclusions are determined by a court of competent authority not to apply to you, FITT’s and the other FITT Parties’ total aggregate liability to you for any and all losses, damages and claims shall not exceed $600.00.

The terms and conditions of this Agreement that exclude or limit liability reflect an informed voluntary allocation of risk. This allocation represents a material part of this Agreement. Each of you, FITT and EDC agree that the limitations of liabilities set out in this Agreement are fair and reasonable in the circumstances.

Indemnity

You agree to defend, indemnify and hold the FITT Parties harmless from and against any and all liabilities, claims, actions, demands, losses, liabilities, costs and expenses, including reasonable attorneys' fees, alleging or resulting, directly or indirectly, from or in any connection with: (a) your breach or violation of this Agreement; and (b) any third party claims made against any of the FITT Parties in any connection with your use of the Site, Site Content and/or Centre Products or any reliance thereon.

Release of EDC

You acknowledge that FITT is solely responsible for the Site, Site Content and delivery of Centre Products. You hereby release EDC and its directors, officers, employees, shareholders, affiliates, agents, third-party contractors, licensors and suppliers from any and all claims, demands, and damages (direct and indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site, Site Content and delivery of Centre Products.

Termination or Suspension By FITT

FITT operates the Site, offers Site Content and Centre Products at its sole discretion. FITT may at any time revise, withdraw, discontinue, amend, suspend any or all of the Site, offers, Site Content and Centre Products, with or without notice to you. Under no circumstances will FITT or EDC be held responsible or liable for removing, disabling or restricting access to the availability of the Site, offers, Site Content or Centre Products.

FITT reserves the right, without limiting its other rights and remedies, to terminate or otherwise suspend your account for any reason whatsoever, including but not limited to for convenience, non-payment of fees, for any other breach of this Agreement, or if you use the Site, Site Content or Centre Product in any way that would cause either FITT or EDC to incur legal liability or disrupt others’ use of the Centre, or Site Content of the Site, without notice to you.

Any termination or suspension will be in addition and without prejudice to any rights or remedies as may be available to FITT, including equitable remedies.

General Terms

Law and Jurisdiction. The Agreement shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada. For the purpose of all legal proceedings, the Agreement shall be deemed to have been performed in the Province of Ontario, Canada and the parties hereto expressly confirm that the law of the Province of Ontario is the proper law. Each party irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably attorns to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder. The United Nations “Convention Relating To A Uniform Law On The International Sale Of Goods” shall not apply.

Waiver of Jury Trial etc. You agree, to the maximum extent permitted by applicable law, to waive any right you may have to (a) trial by jury; (b) commence or participate in any class action against either FITT or EDC related to any claim and, (c) where applicable, to opt out of any class proceeding againsteither FITT or EDC.

Entire Agreement. This Agreement constitutes the entire and exclusive agreement between you and FITT with respect to the Site and the provision or license of Site Content, and supersedes and replaces any other agreements, terms and conditions, including the FITT Site Terms.

Changes to Agreement. FITT may revise this Agreement at any time by posting the amended Agreement on the Site and changing the effective date. The next time you purchase a Centre Product FITT will require that you agree to the amended Agreement prior to proceeding. Any transaction occurring after such date shall be subject to the amended Agreement. Visitors should review the Site and this Agreement each time it visits the Site, and continued access and use of the Site shall constitute a Visitor’s agreement to the amended Agreement.

Waiver. No delay or omission by a party to exercise any right or power it has under the Agreement or to object to the failure of any covenant of the other party to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.

Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of the Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of the Agreement shall be valid and enforceable to the extent granted by law.

Assignment. The Agreement shall be binding upon and shall enure to the benefit of and be enforceable by each of the parties to the Agreement, their respective successors and permitted assigns. You may not assign or delegate this Agreement or any of your rights in this Agreement, and any such attempt is void. FITT may assign this Agreement and its rights to any person without notice or consent.

Electronic Agreement. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Independent Parties. Each of you and FITT shall act on your own behalf in performing your obligations under this Agreement and shall not be considered or deemed to be an agent, employee, joint venturer or partner of each other.

Force Majeure. FITT shall not be liable for delays in or for failures to perform under this Agreement due to causes beyond its reasonable control, including without limitation your acts or omissions, third party product or service failures, Internet or telecommunications outages, power surges or outages, fire, storms, floods, earthquakes, epidemics, strikes, lockouts or other labour trouble, riot, rebellion, war, acts of terrorism, accident or other acts of God.

Currency. All amounts and payments referred to in this Agreement or on the Site are, unless otherwise expressly indicated, expressed in Canadian currency.

Survival of Terms. All limitations and exclusions of liability and indemnities shall survive any termination or expiration of this Agreement.

Notice. All notices or approvals required or permitted under this Agreement will be in writing and delivered by email transmission or overnight delivery service or certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent: (a) to FITT at info@fitt.ca, (b) to Registrants at the electronic email address provided by you during the purchase process, and (c) to Visitors other than Registrants, by a posting on the Site. For notices sent by email or posted on the Site the date of receipt will be deemed the date on which such notice is transmitted or posted, as applicable.

English Language. English shall be the language of the Site, and all content, information and communication in connection with the Site, and the parties waive any right to use and rely upon any other language or translations. Il est la volonté express des parties que le présent Site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

Effective Date: This Terms of Use Agreement was last updated on April 12, 2018.