Published on October 3, 2023
1. Acceptance of the Terms
2. Definitions and Interpretation
2.1. The following capitalized terms shall have the meaning ascribed to them below:
- “Customer Data” means any content, which may include Personal Information of Users, that Users submit or transfer to Workleap in conjunction with their use of the Website;
- “Customer Personal Information” means any Personal Information contained within Customer Data;
- “Personal Information” has the meaning set out in Privacy Laws;
- “Privacy Laws” means all applicable data protection and privacy legislation, regulations and guidance governing the protection of Personal Information;
2.2. The term “including” is not limiting and means “including, without limitation”.
3. General Conditions
- operate commercially or reuse any part of the content of the Website;
- copy, alter, hack, or attempt to extract the source code of any software developed by Workleap, including the Workleap LMS, or adapt, distribute, reissue, or transmit any part of their content without first obtaining Workleap’s explicit written consent;
- infringe on intellectual property rights or compromise the integrity or confidentiality of data, or the privacy of individuals;
- attempt to gain unauthorized access to any User account, computer system, or network associated with the services provided by Workleap hereunder;
- use the Website in order to download, upload, or store any content deemed illegal, racist, hateful, obscene, or discriminatory, or which carries computer viruses, trojans, or other types of malicious software;
- post or transmit spam, unsolicited electronic transmissions, chain letters, or pyramid schemes;
- ignore any policy or decision implemented by Workleap in connection with the status of your account, such as a temporary or permanent suspension or similar restrictions;
- use the Website while (i) being unable to legally form a binding contract, or (ii) being subject to a temporary or permanent suspension preventing you from doing so;
- bypass or tamper with Workleap’s pricing structure or invoicing process, or with the fees and commissions owed to Workleap;
- disclose, sell, rent, or distribute to third parties any Confidential Information related to a User.
3.2. Access Code and Password. You must ensure that your access code and password remain confidential at all times and are never disclosed to anyone.
You are solely responsible for the activities carried out through the use of your access code and password, and Workleap shall have no obligation whatsoever to verify the true identity or authority of any person entering said access code and password. In other words, you shall be bound by any use of your electronic profile, even if such use occurs without your knowledge or consent.
You acknowledge that Workleap will at no time and under no circumstance whatsoever be held liable for losses or damages stemming from any kind of use of your access code and password by a third party. Should Workleap ever act on the basis of instructions given by yourself or any person using your access code and password, you shall defend, indemnify, and hold Workleap harmless against any claims, losses, or expenses incurred following the use of your access code and password – whether or not you authorized it.
It is your duty and responsibility to immediately notify Workleap the moment (i) you learn that an unauthorized person is in possession of your access code and password, or (ii) you are made aware of any form of privacy or security breach.
4. Terms of Sale
5. Safety and Privacy Customer Data
6. Confidential Information
6.1. Confidential Information. “Confidential Information” means any non-public, confidential or sensitive information, including Customer Data, disclosed by a party or on its behalf (the “Disclosing Party”) to the other party (the “Receiving Party”), and excludes any information that is:
- subject to applicable Privacy Laws, publicly available or later becomes publicly available other than through a breach of the General Terms;
- as evidenced by documentary and competent evidence: (a) known to the Receiving Party or its employees, agents or representatives prior to such disclosure or (b) without using the Confidential Information, is independently developed by the Receiving Party or its employees, agents or representatives subsequent to such disclosure; or
- as evidenced by documentary and competent evidence, subsequently lawfully obtained by the Receiving Party or its employees, agents or representatives from a third party without obligations of confidentiality, provided that such source is not, to the knowledge of the Receiving Party, in breach of its obligations of non-disclosure towards the Disclosing Party.
By registering, setting up an account, and/or using the Website, you agree to receive (i) e-mails and information issued by Workleap, its affiliates, and/or its service providers, which contain promotional considerations and offers of products and services likely to be of interest to you, and (ii) promotions advertised by third parties directly or indirectly interested by the use you make of the Website. Should you, at any moment, decide that you no longer wish to receive promotional communications, just click on the “unsubscribe” link you will find at the bottom of each e-mail, or send a request to that effect to Workleap’s customer support service (email@example.com). For obvious reasons, Workleap disclaims any and all liability in connection with promotional notices and other communications sent to you by third parties.
8. Intellectual Property
8.1. Copyright and Trademarks. As all Workleap applications are protected under the copyright laws and regulations of Canada, it is strictly forbidden to copy, reproduce, publish, or distribute, whether as a whole or in part, any content found on Workleap’s Website and/or applications.
Workleap is the sole owner of the trademarks it uses in connection with the products and services it offers, whether it be names, graphics, logos, icons, drawings, designs, words, titles, or sentences. As all such trademarks are protected under relevant Canadian laws and regulations, you may not use either one of them without first obtaining Workleap’s explicit consent.
8.2. Copyright Owned by Third Parties. Workleap respects the intellectual property rights and interests owned by other parties, and requires that its Users do the same.
Each and every Instructor must make sure that the resources they broadcast, distribute, display or sell through the Workleap LMS either belong to them in full, are properly licensed to them for that purpose or are totally free of any rights belonging to other parties. Hence, Workleap expressly disclaims any and all liability in regards to the broadcast, distribution, display or sale of intellectual property over which third parties could exercise any kind of rights.
Workleap commits to withdraw any content which violates the provisions of Canadian copyright laws or regulations or of any other statute or legislation which could find application. It also reserves the right to terminate the account of delinquent Instructors without notice should particular circumstances warrant it.
8.3. Rights of Use. It is strictly forbidden to reserve a Workleap domain name in view of a future use or in order to secure a resale or to solicit payments. Workleap domain names are assigned on a “first come, first served” basis. Workleap may at any time rename or terminate inactive accounts.
No purchase of training sessions through Workleap shall ever (i) entitle anyone to use the content for business or promotional purposes, or (ii) have the effect of transferring any copyright to Other Users.
9. License to Use
Instructors are and remain the owners of the content they publish through the Workleap LMS. Workleap shall, at no time and in no circumstances whatsoever, copy, broadcast publicly, or transmit content without first having obtained the relevant Instructor’s explicit consent. Instructors shall defend, indemnify and hold harmless Workleap and its officers shareholders, parents, subsidiaries, agents, successors and assigns against all liabilities, damages, costs, including interest accrued, and any legal fees arising out of (i) any unauthorized download of content by an Other User to their personal computer, or (ii) any use of content (whether or not it was motivated by a business purpose) that may have caused you harm.
9.1. Enclosed documents. By using the “enclosed document” feature, you allow Other Users who have registered in training sessions you provide to access (and download on their personal computer) any attached document – provided that such access and/or download occur for personal reasons (as opposed to business purposes).
9.2. Text files, videos, images, tests, and PDFs. Instructors authorize Other Users who have registered to training sessions they provide to access all text files, videos, images, tests, and PDFs – provided that such access occurs for strictly personal reasons. They also allow Other Users who have registered to training sessions they provide to download on their personal computer a copy of the PDFs which have been cleared for download – once again, provided that such download occurs for strictly personal reasons.
10. Service Providers
10.1. External websites. Workleap’s Website may contain links to other websites. Should you ever follow a link and access an external website, please keep in mind that any use you could make of such a website will be governed by the website’s own terms and conditions, and that Workleap shall at no time or in no circumstances whatsoever be held liable for the website’s content or the way it processes your data and/or information. From the outset, Workleap disclaims any and all liability in regards to losses or damages (actually or allegedly) incurred (whether directly or indirectly) because you accessed and/or used any of those external websites.
11. Workleap’s Money-Back Guarantee
Should a problem ever present itself in the course of a transaction between an Instructor and an Other User, Workleap’s money-back guarantee steps in and allows the Instructors and the Other Users to communicate efficiently in order to resolve the situation. In such a case, the Instructors allow Workleap to come to a final decision and agree to comply with the terms of the settlement.
Any refund owed to an Other User must come directly from the Instructor’s Workleap LMS account. Whenever a refund intervenes within sixty (60) days of the issuance of the original invoice, the Workleap fees invoiced through the Workleap LMS are refunded in proportion to the amount reimbursed to the Other User. Once sixty (60) days have elapsed since the original invoice was issued, none of the Workleap fees are refunded.
In the event where you (as an administrator) elected to reimburse an Other User or had to reimburse an Other User or Workleap under the latter’s money-back guarantee, you hereby agree that Workleap will instruct its third-party payment processor to deduct the amount of the refund from your account, to add said amount to your invoice, or to otherwise perform the refund according to the payment method described in your user file. Should Workleap be unable to obtain the refund from you, Workleap shall collect any unpaid amount by any necessary means of recovery, and if need be by retaining the services of a collection agency.
If Workleap comes to the conclusion that the parties misuse or hinder the settlement process in any way, Workleap may, at any given time and without prior notice, withdraw its money-back guarantee in whole or in part.
12. Termination and Restricted Access
Workleap may close all accounts left unconfirmed as well as those which have been inactive for at least twelve (12) consecutive months, without notice. It may also modify its Website and the services it provides, or decide that it will no longer offer or operate them. In any event, it reserves the right, at its sole and absolute discretion and for any reason whatsoever, to refuse to provide services to any individual or entity or to terminate services it already provides.
14. Warranties and Disclaimers
14.1. Workleap represents and warrants that: (i) the Website does not infringe on any third-party intellectual property rights or constitute a misuse or misappropriation of a trade secret; (ii) contingent upon User’s proper use, User’s use of the Website does not infringe on any third-party intellectual property rights; and (iii) it has the right to grant the access and use of the Website to Users.
14.2. Warranty Disclaimers. WORKLEAP DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, DEFECT-FREE, ERROR-FREE, VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS, OR THAT IT WILL NOT BE SUBJECT TO UNAUTHORIZED USE OR DISCLOSURE. YOU ACCEPT THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL DEFECTS AND ERRORS, IF ANY. WORKLEAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFORMATION CREATED BY THIRD PARTIES AND THAT MAY BE ACCESSED ON THE WEBSITE IS NOT ENDORSED BY WORKLEAP, AND MAY NOT HAVE BEEN REVIEWED BY WORKLEAP, AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING IT. WORKLEAP DOES NOT CONTROL INFORMATION POSTED ON THE WEBSITE BY THIRD PARTIES AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH INFORMATION AND OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, AND FOR MAKING AND IMPLEMENTING DECISIONS BASED ON SUCH INFORMATION, AND DEALING WITH ANY RELATED CONSEQUENCES.
15. Limited Liability
15.2. Exclusion. IN NO EVENT SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES, GOODWILL, BUSINESS OR DATA OR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE GENERAL TERMS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT FOR INTENTIONAL OR GROSS FAULT OF THE PARTY. THE FOREGOING EXCLUSIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. Settlement of Disputes
17. Purchase Requirements
Before purchasing a training session, the Other Users must read its descriptive sheet carefully and pay close attention to the guidelines provided by the Instructors.
18. General Provisions
In the event of a problem or for any additional information, please write to us by email at the following address: firstname.lastname@example.org.