IMPORTANT! YOUR ACCESS TO THIS WEBSITE, YOUR USE OF THIS WEBSITE, THE ONLINE PROGRAM AND RESOURCES ARE SUBJECT TO THESE GENERAL TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR USE OF THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE, DO NOT SUBMIT ANY INFORMATION TO THIS WEBSITE AND DO NOT MAKE ANY PURCHASES FROM THIS WEBSITE.
The Website is designed to comply with the laws of the Province of Ontario and federal Canadian laws and regulations. You can review the most current version of the Agreement at any time by visiting our Website. By using the Website, you:
- Agree to be bound by the Agreement;
- Represent and warrant that you are either:
- at least eighteen (18) years old; or
- a parent or legal guardian of a user that is under the age of eighteen (18) years old and legally responsible for such minor’s use of the Website; and
- Represent and warrant that You have the legal authority to accept the Agreement.
If you do not agree with the Agreement, you are not authorized to use the Website.
You consent to the exchange of information and documents between us electronically over the Internet or by email.
These terms and conditions are in addition to the Website Disclaimer and apply to the purchase and subscription of the Online Program. Please read these terms and conditions carefully before purchasing the Online Program or subscription and print a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions, and any Program Specific Terms and Conditions then the conflict shall be resolved by applying the following order of priority:
- Program Specific Terms and Conditions;
- Standard Terms and Conditions for the Purchase of the Online Program;
- Website Disclaimer.
For purchases via the Makaton-NA Website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
You may contact us at firstname.lastname@example.org or +1-416-900-8263.
OWNERSHIP AND COPYRIGHT
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, webpages, text, files, software, product names, company names, logos, and trade-marks contained on this Website and all intellectual property rights related thereto, including, without limitation, registered and unregistered trade-marks and copyrights, (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Makaton-NA or The Makaton Charity, as the case may be.
Makaton-NA grants you a personal, non-transferable, and non-exclusive licence to access and read the Content. You agree that you will not:
(a) distribute the Content for any purpose including, without limitation by compiling an internal database, or by redistributing or reproducing the Content personally, by the press or media or social media through any commercial network, cable, satellite or other system;
(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-licence, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or
(c) allow any third-party to access the Content.
LIMITATIONS ON LIABILITY AND DISCLAIMERS
This Website may contain links to other sites. Makaton-NA does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, Makaton-NA is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Makaton-NA is affiliated or associated with same. Makaton-NA does not recommend or endorse any of the Content, including without limitation any hyperlinks to or content found, on other websites. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.
You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.
The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action.
IN NO EVENT WILL MAKATON-NA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, VOLUNTEERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
Makaton-NA assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to you. Makaton-NA is not responsible for any Content that you may find undesirable or objectionable. Makaton-NA disclaims any liability for unauthorized use or reproduction of any portion of the Website.
Accessing the Content from territories where it may be illegal is prohibited.
MAKATON-NA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY AND SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER, SYSTEMS OR NETWORK THAT MAKE IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MAKATON-NA DOES NOT REPRESENT OR WARRANT THE SUITABILITY OF THE CONTENT FOR ANY PURPOSE OR THAT THE CONTENT IS CORRECT, ACCURATE, OR RELIABLE.
You agree at all times to indemnify, defend, and hold harmless Makaton-NA, its agents, suppliers, affiliates, service providers and its or their respective directors, officers, members, volunteers and employees against all actions, proceedings, costs, claims, damages, demands, liabilities, and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Makaton-NA directly or indirectly, that result directly or indirectly from:
- any UGC You provide on or through this Website or which is sent to Makaton-NA electronically;
- your use, misuse, reliance on or inability to access the Content or this Website; or
GOVERNING LAW AND ATTORNMENT
TYPE OF PROCEEDING
Last modified: 01-January-2022
WORLDWIDE COPYRIGHT ASSIGNMENT AND WAIVER OF MORAL RIGHTS AGREEMENT
This Worldwide Copyright Assignment and Waiver of Moral Rights (the “Assignment & Waiver”) is made effective on the date the Work (as hereinafter defined) is first submitted by You as assignor (referred to herein as the “Assignor”) to Makaton-NA Inc. (the “Assignee”).
By the submission of the Work to the Assignee, the Assignor warrants and represents that the Assignor is an author of the work so submitted (hereinafter referred to as the “Work”). The Assignor warrants and represents that prior to the acceptance of the Assignment & Waiver, the Assignor never assigned any rights, title, or interest in the Work to any other party and that the Assignor has the right to assign all of their legal and equitable right, title, and interest in the Work free and clear of any obligation to any other party. The Assignor further warrants that the Assignor has the authority to execute this Assignment and Waiver which shall be deemed to be so executed on the date this Agreement has been accepted by the Assignor (whether electronically or otherwise).
In consideration of having the Assignor’s works published on the Makaton-NA Website and other good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the Assignor agrees to sell, assign, transfer and convey and does hereby sell, assign, transfer and convey to the Assignee all of the Assignor’s rights, title and interest, including all equitable, common law, treaty, and statutory rights, and all goodwill associated therewith, in and to the Work and any causes of action related thereto, including without limitation, all right to possession of the Work, all copyright in Canada and throughout the world, the right to file applications for registration of such rights worldwide, the right to assign copyright in the Work, and the right to transfer any accrued causes of action related to the Work.
The Assignor hereby irrevocably waives any and all of the Assignor’s moral rights and “droits d’auteur” pertaining to the Work, whether now existing or coming into effect in the future, including, without limitation, the right of “paternity” and the right of “integrity”. The Assignor agrees that this waiver of moral rights and “droits d’auteurs” shall enure to the benefit of the Assignee, the Assignee’s affiliates, successors, transferees, licensees, agents, and assigns, including, without limitation, the future assignees of the Work. This waiver shall be binding upon the Assignor and the Assignor’s heirs, successors, agents, legal representatives, and assigns.
The Assignor will, at the expense of the Assignee but without further consideration, do such things and execute any and all documents as may be necessary to vest in the name of the Assignee, all copyright and other rights in the Work and for the registration and/or other protection of such rights.
Last modified: 01-January-2022
“Authorized User” means any individual who has paid for access to the Online Program or Course Materials through an ongoing subscription.
“Confidential Information” means the information provided by one party to the other in written, graphic, recorded, machine-readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Makaton-NA as part of the Online Program in hardcopy or electronic form.
“Fees” means the fees paid by You to Makaton-NA for the Online Program or Course Materials through ongoing subscription.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Login Credentials” means the login and password provided to an authorized user in order to access the Online Program or Course Materials through ongoing subscription.
“Online Program” means the delivery by Makaton-NA of the Makaton Language Program pursuant to which You learn course materials remotely.
“Services” means the provision of the Online Program and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Website” means www.makaton-na.com.
“You” means the individual purchasing the Services.
2.1 A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2 We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result from your purchase and completion of any of the Services.
3. Ordering Services
3.1 In order to purchase the Online Program you must register for an account with us via the Website. If you already have an account with Makaton-NA you can log into your account using your username and password.
3.2 When you purchase the Online Program via the Website, you are agreeing to these terms and conditions. Makaton-NA reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3 Following receipt by us of your order via the Website you will receive confirmation of your order.
3.4 A legally binding agreement between Makaton-NA and you shall come into existence when Makaton-NA has:
3.4.1 Accepted your offer to purchase from Makaton-NA by confirming the purchase; and
3.4.2 Received payment of the relevant Fees from you in accordance with clause 6 below.
3.5 Where your order consists of multiple items, each individual item will be treated as a separate offer to purchase.
3.6 Access to the Online Program and ongoing subscription requires Login Credentials provided only to Authorized Users who have registered and paid the appropriate Fees. Login Credentials are provided for the use of the Authorized User only and are not transferable.
3.7 Any user who obtains Login Credentials by any means other than that user’s own registration, is not authorized to use those Login Credentials and Makaton-NA requests that such users or those users who improperly disclose Login Credentials notify Makaton-NA of the improperly disclosed Login Credentials as soon as possible.
3.8 Misuse of Login Credentials, including, without limitation, unauthorized sharing of the Login Credentials may result, at the sole discretion of Makaton-NA, in the cancellation of the Authorized User’s access to the Online Program and/or subscription and other remedies, and Makaton-NA shall have no liability to the Authorized User.
4. Access to the Online Program and Course Materials
4.1 Access to the Online Program and Course Materials on the Website is restricted to Authorized Users through the use of Login Credentials. Authorized Users are solely responsible for:
4.1.1 Maintaining the strict confidentiality of their Login Credentials;
4.1.2 Not permitting other persons to use their Login Credentials to access the Online Program and Course Materials;
4.1.3 Any damages or losses that may be incurred or suffered as a result of their failure to maintain the strict confidentiality of their Login Credentials;
4.1.4 Promptly informing Makaton-NA of any need to deactivate Login Credentials due to potential or actual security concerns.
5. Cancellation and Variation
5.1 Subject to clause 3.2, where a purchase has been confirmed and a legally binding agreement between Makaton-NA and You in accordance with clause 3.4 has come into existence, then you are permitted to cancel your purchase of the Online Program or subscription within 7 calendar days starting on the day after the date of confirmation of purchase.
5.2 If You have purchased the Online Program and have already accessed, all or part of the Program then you shall have no right to cancel your order.
5.3 Notwithstanding clause 3.2 there is no other right to cancel or vary your purchase of the Online Program. Variation of Online Program dates will be at the entire discretion of Makaton-NA.
6.1 Fees for the Program shall be as set out on the Website or as disseminated over the telephone or through email prior to purchase.
6.2 Fees are exclusive of local taxes. Each of these costs will be listed on the Website prior to the purchase of the Services.
6.3 Fees for any purchases shall be debited from the selected credit/debit card at the time of purchase. Fees must be paid according to the agreed payment plan.
6.4 Any fees charged by the purchaser’s debit or credit card provider in connection with the purchase of the Services are the responsibility of the purchaser. Makaton-NA shall not be responsible for these fees.
7.1 Although Makaton-NA aims to provide the Services to the highest standards, it, does not accept any liability for
7.1.1 any inaccuracy or misleading information provided in the Online Program and any reliance by Client on any such information,
7.1.2 any loss or corruption of data,
7.1.3 any loss of profit, revenue, or goodwill, or any indirect, special, or consequential loss arising from any breach of the terms of this Agreement.
7.2 Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties, or other terms shall apply to the Services. Subject to clause 6.4 no implied conditions, warranties or other terms apply (including any implied terms as to the satisfactory quality, fitness for purpose or conformance with description).
7.3 Subject to clause 6.4, Makaton-NA’s total liability arising from or in connection with these terms and conditions and in relation to anything which may have been done or not done in connection with these terms and conditions and the delivery of the Online Program (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by in connection with the relevant Online Program in relation to which a dispute has arisen.
7.4 Nothing in this Agreement shall exclude or limit Makaton-NA’s liability for:
7.4.1 death or personal injury caused by negligence;
7.4.2 fraudulent misrepresentation; or
7.4.3 any other matter which under Ontario law or Canadian law may not be limited or excluded.
7.5 No claim may be brought more than six months after the last date on which the Program has been completed or subscription has expired.
8. Intellectual Property
8.1 All Intellectual Property Rights in the Course Materials, Online Courses, and the speeches made by trainers are, and remain, the intellectual property of Makaton North America Inc., whether adapted, written for, or customised for the Client or not.
8.2 You are not authorized to:
8.2.1 copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
8.2.2 record video or audio, relay by video or audio call or other means the Online Program;
8.2.3 use the Course Materials in the provision of any other program or training whether given by us or any third party;
8.2.4 remove any copyright or other notice of Makaton-NA on the Course Materials;
8.2.5 modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any technology forming part of the Online Program.
8.3 Breach by You of this clause 8.2 shall allow us to immediately terminate these terms and conditions with You and cease to provide You with any Services, including but not limited to access to the Online Program and subscription.
8.4 In consideration of the Fees paid by You, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
9.1 Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
9.2 Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
9.3 This clause shall continue notwithstanding termination of these terms and conditions.
10.1 We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
10.1.1 fail to pay when your fees are due;
10.1.2 act in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of Makaton-NA who provides the Online Program or any student who attends the Online Program;
10.1.3 cheat or plagiarise any work which you are required to prepare or submit in connection with the Services;
10.1.4 steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be enrolled in our Online Program;
10.1.5 commit any criminal offence committed where the victim is our employee or student;
10.1.6 are in breach of these terms and conditions.
10.2 On termination clause 7 (Liability), 8 (Intellectual Property), 9 (Confidentiality) and 11 (Restrictions) shall continue notwithstanding such termination.
11.1 Any Services provided by us under these terms and conditions are personal to You and cannot be transferred or assigned to any other person.
11.2 We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
12. Appropriate Use of Website
Authorized Users will conduct themselves in an appropriate manner while using the Website. Authorized users will not:
12.1 Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing, or otherwise transmitting any Content, Authorized Users represent and warrant that they have all rights to take such action with respect to the Content;
12.2 Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or discriminatory of any protected group under the Ontario Human Rights Code;
12.3 Impersonate another person or entity, including without limitation, a representative of Makaton-NA or its officers, directors, employees, contractors, or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Website;
12.4 Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation, or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication in contradiction of the Canadian Anti-Spam Legislation;
12.5 Collect or store personal data with respect to third parties except as contemplated by the Agreement; – Directly or indirectly, intentionally disrupt or interfere with the Website in any manner that may materially adversely affect Makaton-NA or any third party;
12.6 Upload, post, email or otherwise transmit any material that contains software viruses, or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities;
12.7 Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third-party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords, or other similar information.
13. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Program Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
14. Force Majeure
Makaton-NA shall not be liable to You for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, pandemics, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in a Makaton-NA employee, illness of a Makaton-NA employee, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
16. Data Protection
16.1 The nature of the Services provided by us means that we will obtain, use, and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
16.2 When You register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
16.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside Makaton-NA.
16.4 To enable us to monitor and improve our Services, we gather certain aggregated information about You, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
16.5 We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our Services, assist with the provision of Services and to ensure that You have access to the Program. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
16.6 Our Website may link to third-party websites, and we are not responsible for their data policies or procedures or their content.
16.7 Makaton-NA endeavours to take all reasonable steps to protect your Personal Data including the use of encryption technology but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
16.8 Makaton-NA may supplement the information that you provide with information we receive from third parties, such as regulatory bodies or your employer.
16.9 If you wish to change or update the data we hold about you, please email email@example.com or contact us at +1-416-900-8263.
17. Law and Jurisdiction
This Website is controlled by Makaton-NA from its location in Canada. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or Services in violation of Canadian export laws or regulations. Any claim relating to the Site must be filed within one year after such claim or cause of action arose and shall be governed by the laws of the Province of Ontario without regard to its conflicts of law’s provisions. Venue with respect to any dispute between You and Makaton-NA will rest exclusively in the Province or federal courts located in Ontario, Canada.
You can contact us by any of the following methods: