Terms & Conditions

Introduction

Welcome to DesignNorth. These Terms and Conditions ("Terms") govern your use of the DesignNorth website (designnorth.ca), mobile applications, and all related services (collectively, the "Services"). These Terms constitute a legally binding agreement between you and DesignNorth ("we," "our," or "us").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our Services.

Please read these Terms carefully before using our Services. We recommend that you print a copy of these Terms for future reference.

Eligibility

To use our Services, you must be at least 16 years old. If you are under 18 years old, you represent that you have your parent or guardian's permission to use the Services and that they have read and agree to these Terms on your behalf.

By using our Services, you represent and warrant that:

• You have the legal capacity to enter into these Terms;
• You are not prohibited from using the Services under the laws of your jurisdiction;
• You will use the Services only for lawful purposes and in accordance with these Terms;
• The information you provide to us is accurate, complete, and current at all times.

Account Registration

To access certain features of our Services, you may be required to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Keep your password confidential and secure;
• Be solely responsible for all activities that occur under your account;
• Notify us immediately of any unauthorized access to or use of your account.

We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms or if we believe that your account information is inaccurate.

Course Enrollment and Access

DesignNorth offers various online courses and educational content. By enrolling in our courses, you agree to the following terms:

Course Access

Upon successful enrollment and payment, we grant you a limited, non-exclusive, non-transferable license to access and use the course materials for your personal educational purposes only. Access to course materials is valid for the duration specified at the time of enrollment, unless otherwise stated.

Account Sharing Prohibition

Your account and access to course materials are personal to you. You may not share your account credentials or provide access to the course materials to any other person. Each individual who wishes to access our courses must register for a separate account and enroll in the course individually.

Course Completion

Course completion requirements are specified in the course description. Upon successful completion of a course, you may be eligible to receive a certificate or other form of recognition, as described in the course details.

Payment and Fees

When purchasing courses or other services, you agree to the following payment terms:

Pricing

All prices are listed in Canadian Dollars (CAD) unless otherwise specified. We reserve the right to change our prices at any time, but changes will not affect orders for which we have already sent a confirmation email.

Payment Methods

We accept various payment methods as indicated on our website. By providing payment information, you represent and warrant that you are authorized to use the payment method and that the information you provide is accurate and complete.

Taxes

Applicable taxes may be added to the price of our courses and services based on your location and local tax laws.

Refunds

Our refund policy is outlined in our separate Refund Policy. By making a purchase, you agree to the terms of our Refund Policy.

Intellectual Property Rights

DesignNorth and its content providers own all intellectual property rights in the Services and course materials.

Our Content

All content included in our Services, such as text, graphics, logos, images, videos, audio clips, data, and software, is owned by DesignNorth or our content providers and is protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your personal, non-commercial purposes. This license does not include the right to:

• Modify, reproduce, distribute, publicly display or perform, or create derivative works of our content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Download or copy account information for the benefit of another party;
• Use any meta tags or hidden text utilizing our name or trademarks;
• Use the Services in any manner that could damage, disable, overburden, or impair our servers or networks.

User Content

When you submit, upload, or post content to our Services (such as forum posts, assignments, or comments), you retain ownership of your intellectual property rights. However, by submitting such content, you grant DesignNorth a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute your content in connection with the operation of our Services.

You represent and warrant that you have all necessary rights to the content you submit and that such content does not infringe the intellectual property rights of any third party.

Prohibited Conduct

When using our Services, you agree not to engage in any of the following prohibited activities:

• Violate any applicable laws, regulations, or third-party rights;
• Impersonate any person or entity or misrepresent your affiliation with a person or entity;
• Engage in any harassing, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable behavior;
• Interfere with or disrupt the Services or servers or networks connected to the Services;
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services;
• Use the Services to distribute malware, viruses, or other malicious code;
• Collect or harvest any personally identifiable information from other users;
• Use the Services for any commercial solicitation purposes without our prior written consent;
• Attempt to circumvent any technological measures implemented to restrict access to or use of the Services;
• Assist, encourage, or enable others to engage in any of the above activities.

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL MEET YOUR REQUIREMENTS;
• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESIGNNORTH, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
• ANY CONTENT OBTAINED FROM THE SERVICES;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IF THE FOREGOING DISCLAIMER OF LIABILITY IS HELD TO BE UNENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless DesignNorth, its affiliates, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Services;
• Your violation of any term of these Terms;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
• Any claim that your content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Services.

Term and Termination

These Terms shall remain in full force and effect while you use the Services.

Termination by You

You may terminate your account and discontinue use of the Services at any time by contacting us at [email protected].

Termination by Us

We reserve the right to terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If your account is terminated for any reason, you may no longer have access to your account, including any content or data you have stored in your account.

Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Modifications to the Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the beginning of these Terms.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the modified Terms, you should discontinue your use of the Services.

Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the province of Nova Scotia, Canada, without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, shall be resolved through the following steps:

1. Informal Resolution: We encourage you to contact us directly to seek an informal resolution to any dispute.
2. Mediation: If informal resolution is unsuccessful, the parties agree to attempt to resolve the dispute through mediation with a mutually agreed-upon mediator.
3. Legal Proceedings: If mediation is unsuccessful, either party may pursue legal remedies in the courts of Nova Scotia, Canada.

Class Action Waiver

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Entire Agreement

These Terms constitute the entire agreement between you and DesignNorth regarding your use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

These Terms, together with our Privacy Policy and Refund Policy, represent the complete agreement between you and DesignNorth concerning the Services.

Waiver

No waiver by DesignNorth of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DesignNorth to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

Relationship of the Parties

Nothing in these Terms is intended to or shall operate to create a partnership, joint venture, agency, or employment relationship between you and DesignNorth. You and DesignNorth are independent contractors, and neither party has the power to bind the other or incur obligations on the other's behalf without the other party's prior written consent.

Contact Information

If you have any questions or concerns about these Terms, please contact us at: