Terms & Conditions

These terms and conditions outline the rules and regulations for the use of Can Learn English’s Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Can Learn English’s website

if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice

and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website

and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers

to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client

or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake

the process of our assistance to the Client in the most appropriate manner, whether by formal meetings

of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect

of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law

of . Any use of the above terminology or other words in the singular, plural,

capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

COOKIES

We employ the use of cookies. By using Can Learn English’s website you consent to the use of cookies

in accordance with Can Learn English’s privacy policy.

Most of the modern day interactive web sites

use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site

to enable the functionality of this area and ease of use for those people visiting. Some of our

affiliate / advertising partners may also use cookies.

LICENSE

Unless otherwise stated, Can Learn English and/or it’s licensors own the intellectual property rights for

all material on Can Learn English. All intellectual property rights are reserved. You may view and/or print

pages from http://www.canlearnenglish.net for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from http://www.canlearnenglish.com

Sell, rent or sub-license material from http://www.canlearnenglish.com

Reproduce, duplicate or copy material from http://www.canlearnenglish.com

Redistribute content from Can Learn English (unless content is specifically made for redistribution).

HYPERLINKING TO OUR CONTENT

The following organizations may link to our Web site without prior written approval:

Government agencies;

Search engines;

News organizations;

Online directory distributors when they list us in the directory may link to our Web site in the same

manner as they hyperlink to the Web sites of other listed businesses; and

Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,

and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long

as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or

approval of the linking party and its products or services; and (c) fits within the context of the linking

party’s site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

commonly-known consumer and/or business information sources such as Chambers of Commerce, American

Automobile Association, AARP and Consumers Union;

dot.com community sites;

associations or other groups representing charities, including charity giving sites,

online directory distributors;

internet portals;

accounting, law and consulting firms whose primary clients are businesses; and

educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect

unfavourably on us or our accredited businesses (for example, trade associations or other organizations

representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed

to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from

the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content

in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as

the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval

of the linking party and it products or services; and (c) fits within the context of the linking party’s

site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,

you must notify us by sending an e-mail to hello@canlearnenglish.com

Please include your name, your organization name, contact information (such as a phone number and/or e-mail

address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,

and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

By use of our corporate name; or

By use of the uniform resource locator (Web address) being linked to; or

By use of any other description of our Web site or material being linked to that makes sense within the

context and format of content on the linking party’s site.

No use of Can Learn English’s logo or other artwork will be allowed for linking absent a trademark license

agreement.

IFRAMES

Without prior approval and express written permission, you may not create frames around our Web pages or

use other techniques that alter in any way the visual presentation or appearance of our Web site.

RESERVATION OF RIGHTS

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular

link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also

reserve the right to amend these terms and conditions and its linking policy at any time. By continuing

to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact

us about this. We will consider requests to remove links but will have no obligation to do so or to respond

directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness

or accuracy; nor do we commit to ensuring that the website remains available or that the material on the

website is kept up to date.

CONTENT LIABILITY

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify

and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any

page on your Web site or within any context containing content or materials that may be interpreted as

libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or

other violation of, any third party rights.

DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)

are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or

in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort

(including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge,

we will not be liable for any loss or damage of any nature.

 

SERVICE

The Can Learn Academy is a membership site for English students that provides English language training (the “Service”).

Use of canlearnenglish.com, including all materials presented herein and all online services provided by Can Learn English, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Parties agree that the Service is in the nature of education. The scope of services provided by Can Learn English according to this Agreement are limited to those listed on canlearnenglish.com website. Can Learn English reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Can Learn English makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Can Learn English disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Can Learn English will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

DURATION OF AGREEMENT

Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Can Learn English when there are reasonable delays in the access of the Service.

Can Learn English reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Lifetime Access is for the lifetime of the Service. If for any reason, Can Learn English should dissolve or cease to exist, then your access to the Service terminates.

If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.

For annual subscriptions, you will receive 365 days of access. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site will end at the end of the current contracted term.

REFUND POLICY

Refund Policies. Each Program has a refund policy as specified on the sales page for the Program. The details of the refund policy are detailed below.

 

· No-Refund Policy. High-touch and one-on-one Programs are non-refundable. Fees paid for one-on-one work (such as lessons) are non-refundable because your payment holds a place in a limited Program to provide services in lieu of taking other students or participants; as such, fees paid for such services are non-refundable.

 

· 7-Day Refund Policy. Certain short-term or immediate-delivery Programs have a 7-day refund policy. If you email dana@canlearnenglish.com within the first 7-days of your purchase that you wish to receive a refund, for any reason or for no reason, Can Learn English will cancel your purchase and refund your payment. Upon cancellation and refund, you will no longer receive access to the Program. No other refunds will be granted.

 

The following programs have a 7-day refund policy: Pro Student Account and Podcast Student Account.

 

 

· 30-Day Refund Policy. Except as specified in this paragraph, if you email dana@canlearnenglish.com within the first 30-days of your purchase that you wish to receive a refund, for any reason or for no reason, Can Learn English will cancel your purchase and refund your payment. Upon cancellation and refund, you will no longer receive access to the Program. Note: if no refund policy is mentioned in the sales page, the 30-Day Refund Policy will apply.

 

SUBSCRIPTION

Fees

 

Subscribers shall pay all Subscription Fees due to Can Learn English for Tuition in the manner and frequency provided for on the Website from time to time by online bank payment or PayPal before the Subscriber can access the Website or any Downloads. All payments shall be made in CAD dollars unless agreed otherwise by Can Learn English. All and any bank charges in connection with CAD dollar payments shall be paid by the Subscriber. Monthly and Yearly Subscriptions will be taken from the same bank account of the Subscriber from which his first payment was made on the same date in each month or year as appropriate (or the next Business Day if that date is not a Business Day) until the Subscription is cancelled by the Subscriber.

 

Cancellation

Subscribers may cancel their Subscription at any time through the Website (and shall be deemed to have cancelled their Subscription if any regular payment is not made on the due date for any reason). Monthly Subscribers shall not be entitled to any refund for the remainder of the month after they have cancelled their Subscription. Yearly Subscribers shall not be entitled to refund of their Subscription unless the Website is not operational for more than two weeks in total in any calendar year. The refund given to Yearly Subscribers shall be less the value of the Subscription for any months during which the Subscription was used and less such reasonable fees as Can Learn English may determine by way of administration costs and inconvenience. Can Learn English reserves the right to give discretionary refunds to any Subscriber in addition to the above.

Cancellation must be made through the website.

PRODUCT DESCRIPTION

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

As a feature of the Service, Can Learn English may provide access to a community or social media platforms in conjunction with the Service. Can Learn English is not required to provide a community platform and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.

You agree that your use of these community and social media platforms is a privilege and Can Learn English may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Can Learn English will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Can Learn English is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Can Learn English’s brand and image integrity.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Can Learn English. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. The content you submit to Can Learn English remains yours to the extent that you have any legal claims therein. You agree to hold Can Learn English harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Can Learn English for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Can Learn English, including trademarks, copyrights, proprietary information, and other intellectual property. Can Learn English’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Can Learn English’s copyrighted materials shall remain the sole property of Can Learn English. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, CAN LEARN ENGLISH IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF CAN LEARN ENGLISH HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CAN LEARN ENGLISH’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM CAN LEARN ENGLISH, AND IF NO PURCHASE HAS BEEN MADE BY YOU CAN LEARN ENGLISH’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Can Learn English. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Can Learn English pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Can Learn English shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Can Learn English.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.