Effective as of: 20/06/2020
Trailloop Inc. (“Trailloop”) provides these terms of service to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of trailloop.com (this “Site”) and its subdomains.
The terms and conditions apply to services provided by Trailloop Incorporated (corporation number 876286-4) of 78 George Street, Suite 204, Ottawa, ON, K1N 5W1 Canada with business number 821751237RC0001 (“Trailloop Inc.” or “we” or “us”).
- (a) Course specific terms and conditions;
- (b) These standard terms for the purchase of Online Courses;
For purchases via our website, by clicking on the “Subscribe” 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.
“Confidential Information” means 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 Trailloop Inc. to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Trailloop Inc. for the Services.
“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.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely. The online course can also be referred as a Subscription Course.
“Services” means the provision of the Course Subscription and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Website” means the site hosted on the Trailloop domain (https://trailloop.com).
“you” means the individual purchasing the Services.
2. The Services
2.1 A description of the Services is 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 The Services start on the day the Online Course is activated and expires at the end of the term indicated 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, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
3.1 To purchase a Service via the Website, follow the links to the Online Course subscription checkout page. Confirm the number of subscriptions to purchase and approve the transaction with your payment details.
3.2 Register for the Online Course by subscribing to the Group.
3.3 The Services provided by Trailloop on a monthly basis from our office in Ottawa, Canada.
3.4 When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. Trailloop Inc. 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 3.6 below.
3.5 Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
3.6 A legally binding agreement between us and you shall come into existence when we have:
- (a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
4. Cancellation and Variation
4.1 Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.4 above, then you are permitted within 15 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.3, to cancel your purchase of the Services.
- (a) If you have purchased an Online Course and are still within the 15-day trial period then you have the right to cancel your order.
4.2 If you have purchased an Online Course and completed your trial period and started to use that Online Course then you shall have no right to cancel your order.
4.3 Notwithstanding clause 4.1 there is no other right to cancel your purchase of Services and editing your subscription dates will be at the discretion of Trailloop.
4.4 Trailloop reserves the right to cancel the Online Course and refund subscribers if fewer than 5 have registered for the monthly cycle.
5.1 The Fees for the Services shall be as set out on the Website.
5.2 Canadian customers are charged a 13% HST tax.
5.3 International customers are not charged a tax unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes.
- (a) Trailloop is prepared to accommodate additional taxes schemes as the need arises.
5.4 Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Course.
- (a) Transaction are processed by Stripe.
5.5 Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Trailloop shall not be responsible for these.
5.6 You shall be responsible for all costs you incur in connection with your access onto any Online Course.
6.1 No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of design or engineering advice.
6.2 Although Trailloop Inc. aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for
- (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information,
- (ii) any loss or corruption of data,
- (iii) any loss of profit, revenue or goodwill, or
- (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3 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 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4 Subject to clause 6.5 below, Trailloop’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
6.5 Nothing in this Agreement shall exclude or limit Trailloop Inc. liability for:
- (i) death or personal injury caused by negligence,
- (ii) fraudulent misrepresentation or
- (iii) any other matter which under Canadian law may not be limited or excluded.
6.6 No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1 All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at public events are, and remain, the intellectual property of Trailloop or its licensors, whether adapted, written for or customised for the Client or not.
7.2 You are not authorized to:
- (i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
- (ii) record on video or audio tape, relay by videophone or other means the Online Course given;
- (iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
- (iv) remove any copyright or other notice of Trailloop on the Course Materials;
- (v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 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 Courses.
7.3 In consideration of the Fees paid by you, we grant to you a limited, non-exclusive licence to use the Course Materials for the sole purpose of completing the Online Course.
8.1 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.
8.2 Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3 This clause shall continue notwithstanding termination of these terms and conditions.
9.1 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:
- (a) fail to pay when due your Fees;
- (b) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Trailloop Inc. or any student who attends any Online Course;
- (c) cheat or plagiarize any work which you are required to prepare or submit in connection with the Services;
- (d) steal or act in fraudulent or deceitful manner towards us or our employees or any other students;
- (e) intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- (f) are intoxicated through alcohol or illegal drugs while on our premises;
- (g) commit any criminal offence committed on our premises or where the victim is our employee or student;
- (h) are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10.1 Customers receive online access for their subscription service with their account on: https://app.trailloop.com.
10.2 Any Services provided by us under these terms and conditions are personal to you or to the assigned users in the Course Subscription.
10.3 We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
12. Force Majeure
Trailloop Inc. 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, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13. Data Protection
13.1 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.
13.2 When you register with us you will need to provide certain Data such as your contact details. 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.
13.3 We will not pass any personal data onto anyone outside of Trailloop.
13.4 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.
13.5 We use information such as your contact details 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 relevant products. We will only read interactions from your web browser’s activity with the Website.
13.6 Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
13.7 Trailloop Inc. endeavor 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 on-line over the internet and will not hold us responsible for any breach of security.
13.8 Trailloop Inc. may supplement the information that you provide with information we receive from your employer.
13.9 If you wish to change or update the data we hold about you, please e-mail: firstname.lastname@example.org
14. Law and Jurisdiction
This Agreement is subject to Canadian law and the parties submit to the exclusive jurisdiction of the Canadian courts in connection with any dispute hereunder.
You can contact us by any of the following methods:
- (a) Email: email@example.com
- (b) Post: Trailloop Inc., 78 George Street, Suite 204, Ottawa, Ontario K1N 5W1
- (c) Phone: +1 (613) 255-2775