Latest Update: 1 February, 2022

ReThink Ability

Terms of Service (the “Agreement”)

The present Terms of Service (hereafter the “Agreement”) set out the conditions under which ReThink Ability (“Us” or “We”) provides access and use of the ReThink Ability course modules (hereafter “Services”) to users (hereafter “User” or “You”), namely via the websites www.ReThinkAbility.ca (hereafter individually or collectively the “Website”). The Website aims to publish various content, materials and components in relation to the Services, namely including videos, images and content relating to online courses.

1. Acceptance of the Terms of Services

By accessing the Website and/or using the Services, You acknowledge that you have read, understood and accepted that You are subject to all of the conditions laid down in the Agreement. The Agreement, alongside any procurement and any specific conditions, form the contract of this Agreement. Where Services are provided via a third-party site (for example, Vimeo, Youtube, Panopto), You also commit to accept the general terms and conditions and the privacy policy of the third-party site, for which ReThink Ability accepts no liability.

ReThink Ability reserves the right to modify the present Terms of Service and/or Privacy Policy at any time. If You are a registered User, You shall be informed where necessary of any new versions of the Terms of Service or Privacy Policy. You are responsible for regularly checking the Terms of Service and the Privacy Policy and for keeping yourself up to date regarding any modifications. Your continued use of the Website and Services after the posting of modifications will constitute express acceptance of the modifications.

2. Intellectual Property

The Website and their Services, as well as their content, are protected by Canadian legislation relating to intellectual property, in particular copywrite and trademark laws. For the duration of your lessons, and provided that You respect the terms of the Contract, ReThink Ability grants You a time- limited, personal, non-exclusive, non-sublicensable, non-transferable license to use the Services for non-commercial purposes. This license may be revoked at any time.

Copyrights and privacy rights also apply in an online setting. Web meetings shall not be recorded without the express consent of all participants.

Unless expressly and specifically provided for, the present ReThink Ability grant You no right, title or interest with regards to the Services, trademarks, rights, logos and other elements of ReThink Ability’s identity or that of any other third-party which may participate in relation to the Services.

Any use which would violate this license, namely use for commercial purposes or the unauthorized distribution of lesson aids, shall result in the immediate and automatic cancelation of the Contract, without prejudice to any other rights (namely damages) which may be asserted by ReThink Ability.

3. Registered Users

Use of Services may be reserved for registered Users. In order to become and in becoming a registered User, You represent and warrant that:

1. The information that You provide at the point of your inscription or online registration (hereafter “Registration data”) is accurate, current and complete, and You shall maintain this information up to date.
2. You have the right to access the Website and to use the Services from your country of residence and in accordance with the laws applicable to you.
3. You shall never transfer your account, your username or your password to a third-party.

Upon registration, Users shall be granted access to the Services and considered by ReThink Ability to be “enrolled” to the Service. For the purposes of this Agreement, the date of enrollment shall be the date access to the Services has been granted to the registered User.

4. Modifications and Cancellation

You agree that Rethink Ability may, at its sole discretion, modify, suspend or, cancel a course or module, exclude a User, block, cancel or suspend your account, subcontract certain Services, and make certain parts or all of the Services chargeable or free, this with or without reason, with or without notice, and at any moment. Rethink Ability shall not incur any liability towards You in such a case, including for any prejudice or loss of data which may ensue.

In the case of significant modification to the Services, You shall be given prior notice and You shall be provided the possibility of cancelling your registration. We will not accept liability arising from any other modification or amendment of the content of the Website or the Services.

5. Fees & Refunds

5.1 Fees

All fees are payable in full to ReThink Ability prior to enrollment.

5.2 Refunds

The registered Users shall have 48 hours from the date of enrollment to request a refund and revocation of access to the Services. Any such request shall be sent by email to admin@rethinkability.ca. ReThink Ability may, upon receipt of any request for refund or revocation of access to the Services immediately and without prior warning, limit or suspend access to the Services. ReThink Ability shall not incur any liability for damages resulting from the suspension of access to the Services, including the loss of information which may ensue.

6. Guarantees

6.1 User liability

You agree to withhold from violating any legal standard and to withhold from using the Services for unlawful purposes or for any purpose other than that for which they are offered to You. Specifically, you agree to respect the directives on the use of ReThink Ability electronic infrastructure, which are provided upon matriculation at the beginning if your studies.

Misconduct – whether online or offline – is not permitted. Misconduct constitutes e.g. attacks and insults on other participants or staff or other third person in connection with the Services. The dismissal of Users due to misconduct is solely at the discretion of ReThink Ability. Should a User be dismissed from the Services, no fees will be refunded.

Additionally, you agree to abide by all the rules of the ReThink Ability partners where required.

You also agree to compensate and to hold harmless ReThink Ability and its employees from and against all claims, costs, damages and expenses (including legal fees and court expenses) resulting from (i) your use of the Services; (ii) your non-respect or violation of any provision of the Agreement or the conditions applicable to a third-party website; (iii) the non-authorised use of your account; (iv) damages caused following the violation of third-party rights via the use of the Services and (v) any other cause leading to damages for ReThink Ability.

6.2 Availability

The term of availability of Services to the registered User shall be a period of three months from the date of enrollment unless otherwise stated by ReThink Ability.

ReThink Ability shall endeavour to ensure the reliable and lasting functioning of the Website and the Services, but We cannot guarantee smooth and uninterrupted use of the Website and Services, nor can We guarantee that the Website or Services remain free from viruses, malfunctions or faults.

The Website and Services accessible over the internet may be affected by periods of temporary unavailability. From time to time, ReThink Ability shall update the Website and Services, an action which shall render them inaccessible during a certain period.

If the User must access the Website and the Services before a specific deadline, he/she shall consider the risks of unavailability and shall be considered solely responsible for taking the necessary measures in order achieve access in advance.

6.3 Exclusion of liability

You use the Website and Services at your sole risk. ReThink Ability endeavours to offer quality, up to date content in the training courses and modules it provides. However, We do not guarantee that the content of the Website or the Services shall be constantly up to date, available, free from error or consistent with the User’s expectations.

If examinations are offered by ReThink Ability or by a third-party, ReThink Ability does not guarantee success, nor that they shall correspond to the training course content, nor that they shall be recognised by a third-party (academically, professionally or otherwise).

Within the limitations of the law, ReThink Ability accepts no liability or responsibility. This exclusion of liability includes namely, but not exclusively, all prejudice as well as all indirect, special, consecutive, exemplary or punitive damages and interests, missed examinations, loss of profits, loss of income or loss of data.

The total liability of ReThink Ability for any claim within the framework of the Agreement and the use of the Services, including for all implicit guarantees, is limited to the amount that You have paid to Us for use of the Services over the course of the previous six (6) months.

7. Account, password and security

The User is responsible for the quality and confidentiality of the password chosen at the time of his/her registration, as well as for all activity generated through his/her password and account. The User shall keep the passwords given to him/her confidential and shall ensure that they are never shared with a third-party.

You agree to inform ReThink Ability immediately of any fraudulent use of your password or your account and of any other breach of security, and You agree to close your account at the end of each session (logout).

You are solely responsible for the conservation and safeguarding of your data.

8. Privacy Policy

By using the Website and the Services, You agree to provide certain personal data, including Registration data and certain other information about You. ReThink Ability agrees to collect and handle this data in accordance with the Privacy Policy available at www.ReThinkAbility.ca.

9. Miscellaneous

ReThink Ability’s failure to exercise or enforce any right or provision in the terms and conditions of this Agreement or that of the Privacy Policy shall not constitute a waiver of such a right or provision.

If a provision of the Agreement is found to be entirely or partially invalid, You nevertheless accept that the intentions, as reflected in the provision, shall be enforced to the greatest possible extent and that the other provisions of the Agreement remain valid.

You shall not assign or transfer any of your rights or obligations, nor shall You subcontract the performance of your obligations. ReThink Ability may assign or transfer any right or obligation, or may subcontract the performance of any of its obligations resulting from the Agreement to a third-party at any time, without your express consent, as it is understood that your consent is provided through the present Terms of Service and Privacy Policy.

The present Terms of Service, as well as any document constituting the Agreement, shall only be modified in writing. Use of electronic messaging is considered sufficient.

10. Jurisdiction and applicable law

The Agreement and all resulting questions or questions in connection with it, including those relating to the use of the Website and the Services, shall be governed by and construed in accordance with the laws of Canada and the Province of New Brunswick, where they apply, and without regard to conflict of law principles. You hereby agree that the courts of the Province of New Brunswick shall have exclusive jurisdiction.

11. Contact

If you have any questions regarding the Terms of Service or wish to access or correct your personal information in the custody or control of Rethink Ability, you may contact us using the information below.

ReThink Ability

Administrative support

Call: 506.459.7852 (c/o LDANB)

Email: admin@rethinkability.ca

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