Terms of Service

EDUSELECT TERMS OF USE

LAST UPDATED: August 20, 2021

  • INTRODUCTION
  • Binding Agreement. These terms of use (“Terms”) constitute an agreement between Stablehouse Solutions Inc. DBA Eduselect (“Eduselect,” “us”, “we”, or “our”) and you. These Terms govern your use and access of the website eduselectservices.com (the “Website”) and any associated services and materials that may be made available through the Website (collectively the Website and any products, materials and services made available through the Website are referred to as the “Services”). By using or accessing the Services, including the Website, you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you may not access the Services. 
  • Use on Behalf of Entity. If you are using the Services on behalf of a separate legal entity such as a corporation, then you affirm that you are an authorized representative or agent of that entity with the authority to bind such entity, and agree to these terms on behalf of such entity. In such a circumstance, both you and the entity will be bound by these Terms and the words “you” and “your” as used in these terms will refer to and apply to both you personally and the entity.
    1. Age Restrictions. Persons who are below the age of nineteen (19) or the age of majority in their jurisdiction are prohibited from accessing or using the Services. 
    2. Modifications. We reserve the right in our sole discretion to modify these Terms, or any part thereof, at any time, by posting the modified version on the Website or providing our users notice of such changes at the contact information they have registered with us. Such modification will become effective on the date of such notice being provided.  If you do not agree to be bound by such modifications, you must cease using the Services.
  1. EDUSELECT ACCOUNT
    1. Registration. To access certain Services and to use certain areas of our Website, you must first create an account (“Account“), which may involve registering a unique user name and password or logging into the Website (the “Credentials“), and providing us with any other information we request. You agree that any registration information you provide to us will be accurate and free of material omissions, and you will keep this information up-to-date and accurate. 
    2. Security of Credentials. You are solely responsible for maintaining the confidentiality of your Account login Credentials and you will be held solely responsible for any losses you suffer as a result of your failure to maintain the confidentiality of your Credentials, including any unauthorised use of your Account by someone who has obtained access to your Credentials. 
    3. One Account Per User. You may only have one active Account at one time. If you already have an Account you may not register for another Account. Your Account may not be transferred, sold or otherwise encumbered in any manner. Your Account and Credentials are specific to you and may not be shared with any other person.
    4. Ownership of Account. You expressly acknowledge that you have no right, title, or ownership interest of any nature to or in any Account, and your Account is not your property. Your Account is owned by EduSelect and is licensed to you on a limited basis pursuant to these Terms.
    5. Suspension or Termination of Account. We may terminate or disable (either in full, or in respect to certain features) your Account at any time if you breach these Terms or we suspect you have done so, or that your Account’s security has been compromised. You may also terminate your Account by emailing us at [email protected] with your deletion request and following the instructions we provide you.
  2. USE OF THE  SERVICES
    1. Prohibited Use. As a condition of your use of the Services, you agree that you will not:
      1. use the Services for any purpose that is unlawful under applicable law, tortious, or prohibited by these Terms, including any purpose that may be considered defamatory, discriminatory, fraudulent, or otherwise malicious or harmful to any person or entity or infringes, violates or misappropriates the intellectual property rights of any third party;
      2. engage in any conduct that is abusive, threatening, defamatory or disparaging towards us or any third party, or that encourages criminal conduct or provides instructions for such illegal conduct, or could otherwise expose us to any legal liability, including engaging in such conduct in respect to our employees, consultants or representatives;
      3. use any of the Materials (as that term is defined in section 5.1), in a manner that is not permitted by the license granted pursuant to section 5.3 of these Terms;
      4. infringe on our intellectual property rights in respect to the Materials or remove any intellectual property or proprietary property notices, including copyright and trademark notices, from the Materials;
      5. use or attempt to gain unauthorised access to any Account which is not your own, or any aspects of the Services you are not authorised to access or impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
      6. access or attempt to access the Services through automated queries including scrapers, spiders, robots, crawlers, indexing tools, or other automated tools for the purposes of obtaining information from the Services in an automated manner or harvest or otherwise collect, use or disclose personal information about users of the Services;
      7. mirror, frame, or otherwise simulate the appearance or functionality of the Services or reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Services or its content;
      8. inhibit any person’s use or access of the Services or impair any element of the Services or its underlying infrastructure, including through accessing the Services in a manner that could disable, overburden or place an unreasonable load on the Services infrastructure; or
      9. upload to the Services, or use the Services to distribute, viruses, trojans, malware or other harmful software code of any nature.
    2. Services Availability and Access. While we make commercially reasonable efforts to ensure that the Services are available, we do not represent, warrant or guarantee in any way the Services continued or uninterrupted availability. You acknowledge that access and use of the Services may be subject to bugs, malfunctions, delays, and downtime. We also do not represent the Services will function as intended when used in conjunction with all hardware and with all software. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use the Services.
    3. Website content. We reserve the right to monitor, edit, review or remove content from the Services at any time. While we make reasonable efforts to ensure that the information available through the Website is accurate, we do not represent, warrant or promise (whether expressly or by implication) that any such information is accurate, complete or free from errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on the Website is at your own risk. 
  3. SERVICE FEES AND TERMS
    1. Membership Fees. The Website may allow you to register for certain paid services, including through:
      1. Purchasing a membership (a “Membership”) that may allow you access to certain Services. We may offer different Membership levels, which will allow you to access different services and benefits as further set out on the Website;
      2. Purchasing certain Services on an individual, “On Demand” basis (“On-Demand Services”).

Prices and detailed descriptions of both the services and benefits associated with different Membership levels and the On-Demand Services are set out on the Website. The prices and service descriptions set out on the Website may be amended by us at any time.  Any Memberships or On-Demand Services purchased by you will conform to the prices and descriptions available on the Website at the time of purchase.

  • Sales Final.  
  • All Services purchased through the Website, including Memberships and On-Demand Services, are non-refundable unless otherwise set out on the Website. 
  • In the event your Account is terminated by us as a result of the breach of these Terms by you, then your ability to access any Membership associated with your Account will be terminated as well, without any compensation or refund to you.
  1. Membership Purchases. By purchasing a Membership you will be billed the fee applicable to your selected Membership term at the time of purchase. On receipt of payment your Account will have access to the Services related to your chosen Membership level. At the end of your current Membership term, your Membership will be automatically renewed for an additional term the same length, and your payment method will automatically be billed the fees for this renewal term, unless you cancel your Membership through functionality provided through your Account anytime before the end of your current term.
  2. Payment Service Providers. Please note that we work with certain third-party payment providers Woo Commerce and Stripe to process payments made through the Website. These Payment Providers have different terms of service and privacy policies that may be applicable in addition to these Terms, and agree that any information shared with such Payment Processors is subject to their terms of service and privacy policies. Without limiting the generality of Article 6 of these Terms, you agree to release and hold us harmless from any damages of any nature that you may suffer as a result of submitting your information to these Payment Processors through our Website.
  3. Membership Non-Transferrable. Memberships may only by used by you, in conjunction with your Account, and may not be transferred to anyone else. If you are purchasing a Membership on behalf of an organization, the Membership may only be used by you and no other individuals in an organization. Any additional individuals in an organisation must purchase a separate Membership in order to access the Services associated with a Membership.
    1. INTELLECTUAL PROPERTY AND USE OF MATERIALS
      1. Ownership of Materials. The Services, including the content of the Website and any materials provided to you through the Website such as templates, checklists or instructional videos (collectively “Materials”), are the intellectual property EduSelect and EduSelect reserves all right to the same. Nothing in these Terms shall act as a license or assignment to the Services, including the Materials, unless expressly specified by us. You may not copy, modify, create derivative works based upon, publicly display or otherwise commercially exploit the Services, including the Materials in any manner without our express written permission. 
      2. Trademarks. EduSelect and related words and logos are trademarks or trade names of EduSelect in Canada and other jurisdictions. Nothing in these Terms will be construed as granting a licence or other right to you to use any such trademarks or trade names. The names of other companies, products and services referred to on the Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of EduSelect or of third parties is strictly prohibited.
      3. Materials License. Certain Membership levels or On-Demand purchases, may allow you access to certain Materials, such as templates, checklists or instructional videos. We hereby grant you a limited, personal, non-assignable, non-transferrable, revocable license to use the Materials for personal, non-commercial use only (the “License”). Without limiting the generality of the foregoing, you may not:
        1. use the Materials for commercial purposes, including charging others for access to the Materials;
        2. share the Materials with others, including using them to run workshops, seminars or similar events; 
        3. alter the Materials in any way, including removing any copyright and trademark notices, from the Materials;
      4. Chat Sessions. Certain Services may include one-on-one or video chat or phone sessions with one of our staff. You may not provide access to these chat sessions to any third parties for any reason, and you may not record, transcribe, or otherwise reproduce the contents of these chat sessions.
    2. THIRD PARTY SERVICES AND CONTENT
      1. Third Party Content. From time to time we may link to other websites or content providers or provide third-party content on our Services solely as a convenience to you. Additionally, our Services or content may be available through third-party providers. When accessing the Services through a third party, your use of the Services may also be subject to the terms and conditions, and privacy policy, of such third party. We do not endorse, guarantee, provide any representations or warranties, or assume any responsibility or liability for any products or services provided by such third-party providers.
    3. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
      1. DISCLAIMER. YOU AGREE THAT YOU USE THE SERVICES, INCLUDING THE MATERIALS, AT YOUR OWN RISK. THE SERVICES, INCLUDING MATERIALS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDUSELECT HEREBY DISCLAIMS ALL CONDITIONS OR WARRANTIES WHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING THE MATRIALS. WITHOUT LIMITING THE FORGOING, THE SERVICES ARE PROVIDED WITHOUT STATUTORY, IMPLIED, OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, EFFECTIVENESS, USABILITY, OR NON-INFRINGEMENT. 
      2. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDUSELECT OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURES, LICENSORS (EXCEPT OTHER USERS), AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SUBSIDIARIES (COLLECTIVELY, THE “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO LOSS OF PROFITS, LOSS OF REVENUES, PROPERTY DAMAGE, LOSS OF GOODWILL, USE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF WE OR OUR REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
      3. Liability Cap. WITHOUT LIMITING THE GENERALITY OF SECTION 7.2, IN NO CIRCUMSTANCE WILL STABLEHOUSE SOLUTIONS INC. OR ITS REPRESENTATIVES’ AGGREGATE LIABILITY UNDER THESE TERMS TO ANY USER EXCEED THE LESSER OF (A) ONE HUNDRED CANADIAN DOLLARS, OR (B) THE TOTAL FEES PAID  BY THAT USER TO US IN THE SIX MONTHS BEFORE SUCH CAUSE OF ACTION AROSE.
      4. Limitation Period. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
      5. Security Breach. We strive to keep your personal information, and Account safe from security breaches; however, we cannot guarantee the safety or security of your personal information or Account. If you believe that a security breach is occurring, or will occur, you must notify us immediately. BY USING THE SERVICES YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE EDUSELECT AND ITS REPRESENTATIVES FROM ALL AND ANY LIABILITY FOR ANY HARM, INJURY, LOSS, OR DAMAGES SUFFERED BY YOU AS A RESULT OF A SECURITY BREACH ORFAILURE OF THE SERVICES. 
      6. Legal Limitation. Notwithstanding any other provision of these Terms, if applicable law limits or prohibits the application of sections 7.1 to 7.5, then EduSelect and its Representatives’ liability will be limited and excluded to the maximum extent permissible.
      7. Indemnification. You agree to defend, indemnify, and hold harmless EduSelect and its Representatives from and against any and all claims, proceedings, suits, disputes, demands, threats, actions, obligations, liabilities, costs (including legal and accounting fees), damages, losses, penalties, fees, expenses, and injuries arising or resulting from: (a) your use of the Services; (b) your  breach of these Terms; (c) any violation of any right of, or harm or loss of, any person caused by you; or (d) your violation of any law, regulation, order, or by-law. EduSelect reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of EduSelect. You will co-operate as fully as reasonably required in the defense of any indemnified claim.
      8. Reliance. You understand and agree that we are making the Services available to you in reliance upon the limitations and exclusions of liability, indemnities, release, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us.  You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination, suspension, or cancellation of your Account or suspension or termination of use of, or access to, Services.
    4. DISPUTES
  • Mandatory Arbitration. Subject to section 8.2 below, you agree that in the event of any dispute between you and us arising out of or relating to these Terms that we shall consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both you sides. If we do not reach settlement within a period of sixty (60) days, then such dispute shall be referred to and finally resolved by mandatory and binding arbitration in accordance with the Arbitration Act (British Columbia). The place of arbitration shall be Vancouver, British Columbia, Canada, the number of arbitrators shall be one, and the language of the arbitration will be English. This provision shall not affect our right to apply for equitable or injunctive relief in respect to a breach by you of these terms, including the terms of the Materials License in section 5.3, in any court of competent jurisdiction.
  • Jurisdiction.  If the courts or applicable law in your province, state, or country will not permit you to consent to binding arbitration, then any legal suit, action, or proceeding arising out of or related to this Agreement will be instituted exclusively in the courts of the Province of British Columbia, Canada, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. 
  • Class Action Waiver. You agree to waive any right you may have to commence or participate in any class action against us and our Representatives and you also agree to opt out of such class proceedings. 
  • Trial by Jury Waiver. You waive any right you may have to participate in a trial by jury with respect to any dispute you may have with us or our Representatives.
  1. PRIVACY
    1. Privacy. We take your privacy seriously. To find out about how we collect, share and use your content and information, please read our Privacy Policy. The Privacy Policy forms part of these Terms and is incorporated by reference. 
  2. GENERAL
    1. Consumer Rights. Nothing in these Terms affects consumer rights that, pursuant to applicable law, cannot be limited or waived.
    2. Termination by EduSelect. We may terminate these Terms or stop providing the Services at any time in its sole discretion. 
    3. Survival. Articles 7 and 8 and all other provisions of these Terms which must survive termination of these Terms to fulfill their purpose will survive termination of these Terms or the termination or suspension of your Account.
    4. Entire Agreement. These Terms, which incorporates any applicable Privacy Policy, constitute the entire agreement between you and us with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. In the event of any conflict between these Terms and any materials on the site, including any information regarding sale and refund terms for Memberships and On-Demand Services, these Terms shall prevail.
    5. Assignment. We may assign these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, on written notice to you. These Terms are personal to you and you may not assign these Terms nor your rights, interests, or obligations under these Terms to any person.
    6. No Waiver. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. No waiver of a breach of these Terms will constitute a waiver of any other breach of these Terms.
    7. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms are held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.
    8. Headings. Headings are for convenience only and shall not affect the interpretation of these Terms.
    9. Language. The parties acknowledge that they have required that the Terms, and all related documents be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais. If these Terms are translated into another language, the English language text shall in any event prevail. 
    10. Interpretation. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in these Terms, it means “including (or includes) without limitation”.
    11. Enurement. These Terms will enure to the benefit of and be binding upon the parties to these Terms and their respective successors, heirs and permitted assigns.
    12. Notice. Any notices to be provided to us pursuant to these Terms, or customer service inquiries, may be provided by email at the following email address: [email protected]
    13. Further Assurances. You agree to provide such further documents or instruments, and take such further actions, reasonably requested by us, to effect the purposes of these Terms and carry out its provisions.
    14. Force Majeure. In no event will we be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent that such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, public health emergency, pandemic or communicable disease outbreak including the COVID-19 pandemic, earthquake, tsunami, war, terrorism, riot or other civil unrest, embargoes or blockades in effect on or after the date of these Terms, national or regional emergency, strikes, labour stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including restrictions resulting from a health emergency, pandemic or communicable disease outbreak including the COVID-19 pandemic, such as quarantines or other governmental restrictions.