TERMS AND CONDITIONS
Kessinger Consulting Terms and Conditions
Last updated September 22, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE KESSINGER WEBSITES.
The following Terms and Conditions govern and apply to your use of or reliance upon websites and/or web services, (“Kessinger Websites”), provided by Kessinger Consulting Ltd., including, but not limited to, all services associated with the kessingerconsulting.org domain.
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statues and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon it’s posting to the Kessinger Websites. Your continued use of the Kessinger Websites will be considered your acceptance to the revised Terms and Conditions.
- INTELECTUAL PROPETY
All intellectual property on the Kessinger Websites is owned by us or our licensors, which includes material protected by copyright, trademark or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Kessinger Websites, including but not limited to text, software, code, designs, graphics, photos, videos, sounds, music, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company. All rights are reserved.
- USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Kessinger Websites including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Kessinger Websites or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of the Kessinger Websites and the services offered on the Kessinger Websites. Nothing in these Terms and Conditions of Use may be interpreted as granting any license of intellectual property rights to you.
- ACCOUNT AND ACCOUNT USE
If the use of the Kessinger Websites requires an account identifying, you as a user of the Kessinger Websites (an “Account”):
- you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
- you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
- you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
When you make a purchase on the Kessinger Websites, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction as your total price may include taxes and fees, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms and Conditions, or if we believe doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement or affected third parties (including other users) and share details of any payment you are associated with, if we believe doing so may prevent financial loss or a violation of law.
- SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Kessinger Websites. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
Should you decide to cancel your purchase, you may do so immediately after completing your transaction, by contacting us at firstname.lastname@example.org. A full refund will be made provided you have NOT received access to your Student Services Account. Once your Student Services Account has been activated, your purchase is non-refundable.
- ACCEPTABLE USE
You agree not to use the Kessinger Websites for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Kessinger Websites in any way that could damage the Kessinger Websites, the services or the general business of Kessinger Consulting Ltd.
You further agree not to use and/or access the Kessinger Websites:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of us or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that invited violence, hate o discrimination towards any group;
- To unlawfully gather information about others.
- PROTECTION OF PRIVACY
Through your use of the Kessinger Websites, you may provide us with certain information. By using the Kessinger Websites, you authorize us to use your information in Canada and any other country where we may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Kessinger Websites, we may also receive information from external applications you use to access our Kessinger Websites, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our Kessinger Websites, including through email communication. We may also track certain passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.
- REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Kessinger Websites;
- Violate the security of the Kessinger Websites through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
- DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Kessinger Websites is at your own risk.
You defend an indemnify Kessinger Consulting Ltd. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorneys’ fees, which may arise from or relate to your use or misuse of the Kessinger Websites, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence if we wish to do so.
- SERVICE INTERRRUPTIONS
We may need to interrupt your access to the Kessinger Websites to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Kessinger Websites may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
- TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Kessinger Websites effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Kessinger Websites or our or any third party’s equipment or network is impaired by your use of the Kessinger Websites, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Kessinger Websites, or you have been or are in breach of any term or condition of the Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Kessinger Websites.
- NO WARRANTIES
Your use of the Kessinger Websites is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all expenses or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Kessinger Websites will meet your needs or that the Kessinger Websites will be uninterrupted, error-free, or secure. We also make no warranties as the reliability or accuracy of any information on the Kessinger Websites or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Kessinger Websites is your sole responsibility and we are not liable for any such damage or loss.
- LIMITATION OF LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Kessinger Websites, to the fullest extent permitted by law. The maximum liability of Kessinger Consulting Ltd. arising from your use of the Kessinger Websites is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Kessinger Consulting Ltd. in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.