Innovation Learning Systems - Terms and Conditions
These terms and conditions (the ``Agreement``) is entered into between Innovation Learning Systems Inc. (``The Company``), a business existing in and operating under the laws of the Province of Ontario, and the ``Student``, collectively the ``Parties``).
WHEREAS, The Company provides instruction, information, training, services, products, and entertainment in numerology, healing, meditation, Yoga, and other arts and sciences (the ``courses``), in person, via shipping, and online (“the Site”);
WHEREAS, the Student wishes to undertake a course of study in one or several of the course offerings and/or purchase products or services from The Company;
WHEREAS, The Company wishes to provide instruction and information in the courses and via the Site to the Student;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
By using the Site or any of the courses, the Student agrees to be bound by all of the terms and conditions set forth below as if the Student had signed a written agreement. Please review these Terms and Conditions carefully. If you do not agree to these terms, the Student should not use the Site or any of the courses.
1. Lawful Use and Purpose
a. The Student shall use the courses and the Site for lawful purposes only. The Student must be 18 years or older in order to use the courses or the Site. The Student shall not post or transmit through the Site any material that violates or infringes in any way upon the legally recognized rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, that constitutes hate speech intended to insult any race, skin color, religion, sexual orientation, or national origin, or otherwise encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information. The Student’s use of the courses and the Site are made available for personal non-commercial use only. The Student may not use the courses or the Site to sell a product or service or to increase traffic to their website for commercial purposes, to advertise or perform any commercial solicitation, to become users, members or customers of other services. The Student may not “meta-search” the Site.
b. The Student is solely responsible for all User Content (as defined in the next sentence) that they upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the courses or the Site; personal User information; board posts; reader reviews; blogs, data, notes and testimonials; poll votes; images; audio or video files; and software. The Student may post only User Content which they own, have created or which they have clear permission to Post. The Student acknowledges and agrees that The Company does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. The Student acknowledges that The Company does not pre-screen User Content, and has no obligation to do so, but that The Company and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the courses.
Unless otherwise expressly noted, all materials, without limitation, all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the courses, including, without limitation, the courses, products, and the Site, are protected by copyright, trademarks, trade secret and patent rights, trade dress and/or other intellectual properties owned by or licensed to The Company. No right, title or interest in any downloaded materials or software is transferred to the Student as a result of any such copying. The Student agrees that they will not alter or remove any copyright notice or proprietary legend contained in the Site, the courses, or the products, and agrees that any copy made shall include The Company copyright or any third party provider’s copyright notice or any other notice included therein. No other permission is granted to the Student from the previous sentence. “Yogi Akal, Yogi Akal Academy, Yogi Akal TV” and others are our service marks or registered service marks. Other products and Company names mentioned on the Site may be trademarks of their respective owners. The Student agrees not to use any robot, spider or other automatic device, nor may the Student use any process to monitor materials available through the Site without our express authorization. The Student agrees not to derive or attempt to derive any source code, source files or structure of all or any portion of the Site or course contents by reverse engineering, disassembly, decompiling or otherwise. Further, the Student may not use the Site or the courses in a manner that violates any state, provincial or federal law regulating email, facsimile transmissions or telephone solicitations; nor export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of Canada.
The Student accesses their account through the Site by means of a protected Login ID/Password that they will select. It is the Student’s responsibility to guard this information and keep it confidential. Therefore, they authorize The Company to treat any resulting transactions, obligations or liabilities as if they used the courses themselves.
4. Course of Study
If the the Student undertakes a course of study, they agree that their program commences upon registration.
5. Certification Courses
The duration of each individual Practitioner Level Certification Course (Yogic Numerology, Das Prakash Healing and Ten Body Yoga) shall be 12 (twelve) months from registration, with instruction provided online. All requisites for the Practitioner Level Certification Courses are to be completed within 18 (eighteen) months of registration, with instruction provided online.
The duration of Yogic Arts & Sciences Practitioner Level Certification (Yogic Numerology, Das Prakash Healing, Ten Body Yoga, and Integrative Yogic Healing) shall be completed in 18 (eighteen) months, with instruction provided online. All requisites for the Yogic Arts & Sciences Practitioner Level Certification Courses are to be completed within 2 (two) years of registration, with instruction provided online.
The duration and timeline for all other programs, products and services is specified in the Course descriptions and in the Store on the Site.
The Student enrolls and is considered registered only upon initial payment of fees as per the payment parameters set forth below:
a. Payment in Full for Certification Courses
Payment of tuition in full plus applicable taxes are paid upon registration.
b. Payment Plan for Certification Courses
Payment of the initial instalment of payment plan plus applicable taxes are paid upon registration.
The Student authorizes The Company to charge the Student for use of the courses, at the posted prices (such prices are subject to change at any time by The Company without any specific notice to the Student, beyond posting notification on the website), at such times as the Student specifies upon enrollment and continuing until the total payment plan fees for the course have been paid by the Student.
A payment plan is not a subscription. Payments cannot be cancelled. Full payment for the course is due at any time. If a payment is missed or cannot be processed, then full payment for the course is due. If full payment is not made, the Student will be removed from the course without refund or recourse.
c. Payment in Full for Personal Enrichment Programs or any other non-certification courses
Payment in full plus applicable taxes are paid upon registration.
d. Subscription Payments
The Student authorizes The Company to charge the Student for use of the courses, at the posted prices (such prices are subject to change at any time by The Company without any specific notice to the Student, beyond posting notification on the website), at such times as the Student specifies upon enrollment and continuing until the Student cancels their subscription.
If a subscription payment is missed or cannot be processed, then the Student will be removed from the course without refund or recourse.
If the Student is eligible for a discount, they must follow the specified instructions because the discount payment process is separate and distinct.
7. Cancellation of Subscription
The Student may cancel their subscription at any time, by adjusting the settings in their account or removing their credit card information from their account information. The Company will make best efforts, but shall have no obligation, to honor e-mail requests to cancel an account. If the Student does not receive a confirmation e-mail, it is the Student’s responsibility to verify that their cancellation took place by sending notification through the Contact form on the Site. This agreement survives cancellation of the Student’s subscription.
8. Refund Policy
There is no refund for payment plans, or any non-certification course, including but not limited to all personal enrichment programs, courses, classes, webinars, subscriptions, and mentoring programs.
For certification courses, paid in full upon registration
The Student agrees to provide written notice to The Company if he or she wishes to withdraw from the course. Failure to complete the online course or attend online sessions does not constitute withdrawal. Before any refund is authorized, Students must return any online course materials or recordings and must confirm no further access to the online course. Tuition fees will be refunded, minus a non-refundable $500 deposit, as follows:
100% refund up to one week after the Student is registered;
75% refund up to 4 weeks after the Student is registered;
50% refund up to 6 weeks after the Student is registered;
0% refund 6 or more weeks after the Student is registered.
For products from the online store
There are no refunds for any products from the online store, including but not limited to CDs, DVDs, book, e-books, digital products. Opened products can only be exchanged for a new copy if there is a defect with the product. Please allow up to 30 days to receive an exchange.
Students wishing to receive a certificate of completion for any certification course may take the course exams for additional fees. Upon passing the exams with 80% or higher, the Student receives a certificate of completion from The Company.
10. Professional Ethics
Students will represent their training, qualifications, abilities, and affiliations accurately and unambiguously, and refrain from offering services that they are not completely trained or certified to provide.
11. Fitness & Health
The Student represents and warrants that he/she is physically and mentally fit and has no pre-existing medical condition that would prohibit full participation in the courses. The Student further represents and warrants that he/she has consulted with a licensed medical physician prior to undertaking the courses and has received medical clearance to fully participate in the courses.
All course materials are copyrighted. Course material is for Student use only, and cannot be copied or distributed for any other purposes. Violation of copyright and usage policy is strictly prohibited.
13. Course Materials
PDF files may be downloadable. Unless otherwise specified, the audio and video files are not to be downloaded. The copying of or moving of any unauthorized audio or video files is strictly prohibited.
14. Liability Waiver
The Student agrees and understands that he/she is participating in the courses, including all related requirements, at their own risk and responsibility. The Student hereby releases The Company, its owners, operators, employees, teachers, agents, and representatives from any liability now or in the future relating to, as a result of, aggravated by, or induced by his/her participation in the courses, including, but not limited to physical injuries (including musculoskeletal and cardiovascular injuries) and/or emotional and/or mental injuries, trauma or suffering, however caused, occurring during, or subsequent to, the Student`s participation in courses.
15. Image and Information Release
The Student grants to The Company the right to use, at The Company`s discretion, including, without limitation, the right to exhibit, display, broadcast, distribute and create derivative works of and incorporate (alone or together with other materials), in whole or in part, photographs, audio recording or video footage taken of the Student (the ``Images``) and any written information submitted by the Student as a result of the Student`s participation in courses. The Student hereby relinquishes any and all rights to examine or approve any advertising, printed, or electronic media incorporating the Images or written information. The Student grants to The Company the right to assign its rights hereunder, without the Student`s consent, in whole or in part, to any third party.
16. Unsolicited Submissions
The Company does not knowingly accept or consider creative ideas, suggestions or materials that are not specifically request from the Student. The Company asks that you do not submit or send any such materials. If the Student, nevertheless, sends creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Material”) to The Company, such Material shall become The Company’s property, and we shall have the right to display, copy, use, sublicense, transmit, publicly perform and/or publish such Material for any purpose we desire, whether now or hereafter invented . In addition, the Student waives all “moral rights” in the Materials and agree that none of the Material shall be subject to any compensation, obligation of confidentiality on the part of The Company.
17. License to The Company
By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, the Student grants The Company and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the right to license others to do the same. The Student also permits any user to access, display, view, store and reproduce such content for personal use or for the organization's internal use for the purposes described on the Site. Subject to the foregoing, the copyright owner of such content placed on the Site retains any and all rights that may exist in such content.
18. Grievance Policy
If the Student has a concern or complaint about any aspect of their course, they must email The Company, outlining the concern or complaint. The Student will be sent a reply by email within ten (10) business days of receipt of their email. The Student may not address their concern with any other person or in any other venue, online or otherwise.
The Company reserves the right to update or change any aspect of the courses, programs or the terms and conditions of this agreement without notice.
The Company may from time to time change the terms and conditions and/or rules that govern the Student’s courses (including, without limitation, the receipt or use of the courses) and/or use of the Site. This may include establishing policies and limitations concerning the Student’s personal postings hosted at the Site. The Student agrees that The Company shall not be liable to the Student or any third party for any modification, suspension or discontinuance of any of the services, any document, information or other content on the Site. The Company may from time to time, without providing any notice, change, modify, substitute, add or delete any aspects of its business and operations, including, without limitation, any services provided thereunder, or fee structure, terms and conditions, applicable to your use of the site or any part thereunder. Such changed terms shall be effective immediately upon posting to the web site. Any use of the program and/or the Site by you after such notice shall be deemed to constitute acceptance by you of the changed terms.
20. Dispute Resolution
In the event of a dispute between the Parties arising from the meaning or effect of any clause or matter contained in this Agreement, or arising from the rights and liabilities of the Parties, the Parties agree to attempt to settle this matter on an amicable basis. If the Parties cannot resolve the matter on an amicable basis, the Parties agree to refer the dispute to an independent third-party mediator. If the Parties cannot reach a settlement in accordance with the procedures outlined above, the Parties will refer the dispute to arbitration to be settled in accordance with the Ontario Arbitration Act, 1991 by one arbitrator, with the arbitration to be held in Toronto, Ontario.
This Agreement may be terminated by The Company, in its sole and complete discretion, by written notice and without any refund or compensation for any reason, including, but not limited to the Student`s failure to comply with any provisions contained in this Agreement, and which The Company believes is in violation of any applicable law or regulation or is otherwise harmful to our interests or to the ethics of The Company, another customer of the Site or any third party.
The Student’s use of the course, subscriptions and the right to use the Site is not transferable. Any password or right given to the Student to obtain information or documents through the use of the course is not transferable. The Student may not disclose to or share their password with any third party or use their password for any unauthorized purposes.
The Student shall indemnify and hold harmless The Company, its subsidiaries, affiliates, successors and assigns, and their respective shareholders, directors, officers, employees and agents from any and all claims, damages, suits, actions, and liability whatsoever, including any claims for personal injury or death or any loss or damage to property that arise out of, or in connection with, participation in the courses. If The Company is made a party to any litigation commenced by or against the Student, the Student agrees to indemnify and hold harmless The Company and shall pay to The Company all costs and expenses incurred, paid, or borne by The Company in connection with such litigation.
24. Links and Advertisers
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. The existence of a link to a third party’s site does not constitute endorsement or recommendation by The Company beyond what might be specifically provided for. The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. The Company disclaims all liability for any loss or damages arising from the content or provision of services of any third party service or resource. Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
25. Assignment and Transfer
The Company may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the Student.
26. Course Delivery
The Company is not responsible for any course delivery interruptions due to internet, computer, online technology, and/or hosting delays, disruptions or changes. There is no recourse or compensation due to the student from the Company for any interruption or technical issue.
27. Governing Law
This Agreement is governed by the laws of the Province of Ontario, Canada.
28. Entire Agreement
This Agreement constitutes the entire agreement between the parties. There are no representations or warranties, whether express, implied, statutory or otherwise, and no collateral agreements other than those expressly set out herein.