These Terms and Conditions of CMIT GLOBAL EDUCATION LIMITED which incorporate by reference the Terms and Conditions of Website Use and which are subject to any Additional Online Terms and Conditions (if any) (together, the “Online Terms”), apply to the sale of any Online Course/Class by CMIT GLOBAL EDUCATION LIMITED. Please go through the Online Terms carefully before purchasing an Online Class and print off a copy for your records. By ordering an Online Class, you are confirming your agreement to be bound by the Online Terms.
Online class provider
- “CMIT GLOBAL EDUCATION” is provided by CMIT GLOBAL EDUCATION LIMITED, situated at 64 Iron Gate Street, Kitchener ON N2N 3R6, Canada
- We will use our reasonable endeavors to provide the Online Class advertised by “CMIT GLOBAL EDUCATION LIMITED”.
- We will provide the Online Class using reasonable care and skill.
- We may appoint independent Faculties and Tutors to assist in providing Online Classes or use third parties to arrange or supply certain aspects of, or services in connection with, our Online Class. You agree that our obligation to you is to use reasonable care in selecting competent, independent faculties and tutors and third-party suppliers to provide reasonable services related to the Online Class. You agree that CMIT GLOBAL EDUCATION LIMITED is not responsible for the actions or omissions of such faculties tutors or third-party suppliers.
Definitions
Below terms used herein (and not otherwise defined) have the following meanings:
- “Additional Online Terms and Conditions” means any additional terms and conditions relating to an Online Class agreed through any means of communication by CMIT GLOBAL EDUCATION LIMITED with a particular student
- “Brochure” means any online material produced by CMIT GLOBAL EDUCATION LIMITED that provides detailed information with respect to the Online Class
- “Course Fee” means the fee payable for an Online Class but excludes any delivery charges payable in relation to the delivery of Course Materials.
- “Course Materials” means the materials provided by CMIT GLOBAL EDUCATION LIMITED in the course of the delivery of any Online Class, which may be (i) Online Study Materials and/or (ii) Physical Study Materials (if needed).
- “Online Class” means either an On Demand Online Class or a Scheduled Online Class provided by “CMIT GLOBAL EDUCATION LIMITED”
- “Scheduled Online Class” means an online class that is only available for access by you on a predetermined start date
- “Terms and Conditions of Website Use” means the terms and conditions pursuant to which you may access the Website and which can be found.
- “Website” means www.cmit-global.com which is operated by “CMIT GLOBAL EDUCATION LIMITED” “You” means the individual purchasing the Online Class.
Purchasing and confirmation
In order to purchase an Online Class you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
When you place an order for an Online Class, you are offering to purchase that Online Class on the Online Terms. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
A legally binding agreement shall only come into existence once:
- CMIT GLOBAL EDUCATION LIMITED has accepted your offer to purchase an Online Class by sending you an order confirmation email which will provide you with a link to access the Online Class, along with log details (if applicable); and Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
The Online Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise, or statement made or given by us or on our behalf, which is not set out in the Contract.
You must check the details on the order confirmation email when you receive it.
Where your order consists of multiple Online Classes, each individual Online Class will be treated by CMIT GLOBAL EDUCATION LIMITED as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Online Classes will not be an acceptance by CMIT GLOBAL EDUCATION LIMITED of your offer to purchase any other Online Classes that make up your order.
We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Classes
Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Class and/or to amend any of the information contained in the Online Class description. We also reserve the right to withdraw at any time the Online Class advertised for sale on the Website and/or in any Brochure.
Payment
The Course Fee for any Online Class at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website and/or in a Brochure and/or will be notified to you by a CMIT GLOBAL EDUCATION LIMITED customer services representative.
Online class content and access terms
The description of the Online Class on the Website and/or in any relevant Brochure will set out details of the contents of the available Online Class.
Except as set out in the description of the Online Class on the Website and/or in any relevant Brochure, no additional Course Materials and/or tuition (either online, face-to-face, or classroom) will be provided by CMIT GLOBAL EDUCATION LIMITED.
Upon receipt of an order confirmation email from CMIT GLOBAL EDUCATION LIMITED, you will be notified of when you will have access to the Online Class purchased and for the length of time, such access will be made available to you unless any such Online Class is removed.
The receipt of an Online Class is personal to you and, unless otherwise agreed by CMIT GLOBAL EDUCATION LIMITED pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Online Class or provide an Online Class to any other person.
You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.
You acknowledge that CMIT GLOBAL EDUCATION LIMITED operates a zero-tolerance policy in relation to inappropriate behavior of students. In particular, abusive or violent behavior directed at CMIT GLOBAL EDUCATION’s staff or other students and unfair or dishonest practices will not be tolerated under any circumstances. CMIT GLOBAL EDUCATION may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Class to any student who engages in inappropriate behavior.
We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a student is found to be in contravention of the access rules. we may terminate a student’s access to the Online Class and the Course Material. In such circumstances, no refund will be given.
Modifications to online courses or technology enhancements
From time to time, CMIT GLOBAL EDUCATION LIMITED may make modifications or enhancements to the Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Classes purchased by you.
Technical support and access
If you are unable to access an Online Class, CMIT GLOBAL EDUCATION LIMITED will use reasonable endeavors to provide a solution where CMIT GLOBAL EDUCATION LIMITED has direct control over the system, software, or settings involved. If the issue lies with your hardware, systems, software, or settings thereof, CMIT GLOBAL EDUCATION LIMITED may, at its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.
You accept and acknowledge that periods of downtime may be required with respect to the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further, you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
CMIT GLOBAL EDUCATION LIMITED will use reasonable endeavors to make the Online Course available but cannot guarantee uninterrupted, timely, or error-free availability or that defects will be corrected. CMIT GLOBAL EDUCATION LIMITED reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs, or upgrades to improve the performance or functionality of the Website.
You also accept and acknowledge that CMIT GLOBAL EDUCATION LIMITED cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
- the operation of the Internet and the World Wide Web, including but not limited to viruses
- any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course
- failures of telecommunications links and equipment
- updated browser issues.
Warranties
CMIT GLOBAL EDUCATION LIMITED will provide assistance in accordance with the Online Class description, which is set out on the Website and/or in any relevant Brochure.
CMIT GLOBAL EDUCATION LIMITED expects you to take reasonable care to verify that the Online Classes will meet your needs. CMIT GLOBAL EDUCATION LIMITED does not make any commitment to you that you will obtain any particular result from your use of the Online Class or that you will obtain any particular qualification on completion of the Online Class (unless otherwise stated on the Website and/or in any relevant Brochure).
CMIT GLOBAL EDUCATION LIMITED does not make any representation, guarantee, or commitment to you that the Online Classes will be error-free.
CMIT GLOBAL EDUCATION LIMITED does not make any commitment that the Online Course or Course Material will be compatible with or operate with your software or hardware.
All representations, warranties, and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute, or otherwise) are hereby excluded to the maximum extent permissible at law.
Limitation of liability
The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability:
(i) for fraud or wilful default;
(ii) for death or personal injury caused by its negligence;
(iii) where such limitation or exclusion cannot lawfully be excluded.
Except as set out in the Online Terms, CMIT GLOBAL EDUCATION LIMITED shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:
- indirect or consequential losses
- loss of income or revenue
- loss of business
- loss of anticipated savings
- loss or corruption of data.
CMIT GLOBAL EDUCATION LIMITED is not responsible to you for any data that you lose either (a) as a result of accessing the Online Class; or (b) during completion of any Online Class via the Website. It is your responsibility to ensure that you regularly save and back up
- all data that you hold on the computer from which you are accessing the Online Class
- and all data that you are inputting when completing the Online Class
CMIT GLOBAL EDUCATION LIMITED will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause that is beyond CMIT GLOBAL EDUCATION LIMITED’s reasonable control. This condition does not affect your statutory rights.
Transaction Terms
- To make a transaction on our website, you are obligated to pay for that transaction.
- Please pay close attention to your payment details such as total bill, taxes, shipping costs, and discounts.
- There are certain products that require additional terms and conditions which you have to agree to before you make the purchase.
- The invoice of the order placed can be viewed from your account
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH OUR WEBSITE. No additional or different terms contained in any purchase order, document, transmission, or other communication shall be binding upon us unless agreed to by us in writing. We reserve the right to modify or change any transaction, without prior notice, and in our sole discretion to limit the order quantity on any item and to refuse service to anyone.
Restrictions/Changes/Termination
The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). Education Source in its discretion may change, suspend, or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Education Source, all without notice or liability to you or any other person. If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).
Term And Termination
We reserve the right to block your access to the Content and Courseware with immediate effect as a result of your misrepresentation, default, misconduct, or breach of your obligations under this Agreement (“Event of Default“). On the occurrence of any Event of Default, we shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
Disclaimer
The Online Classes are for training purposes only. CMIT GLOBAL EDUCATION LIMITED will not accept any responsibility to any party for the use of the Online Class for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.
Intellectual property
At all times, CMIT GLOBAL EDUCATION LIMITED remains the owner of the intellectual property in the Online Class. Other than as specified below, no Online Class and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without the prior written permission of CMIT GLOBAL EDUCATION LIMITED.
All content and materials available on www.cmit-global.cpm, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of CMIT GLOBAL EDUCATION LIMITED and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited unless specifically authorized by CMIT GLOBAL EDUCATION LIMITED.
Save as expressly set out in the Online Terms or as otherwise agreed by CMIT GLOBAL EDUCATION LIMITED pursuant to Additional Online Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-license merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Class and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either CMIT GLOBAL EDUCATION LIMITED’s copyright or CMIT GLOBAL EDUCATION LIMITED’s other intellectual property rights.
Claims Of Intellectual Property Violations
If you believe that your work has been used without your permission and in a manner that violates your copyright, please provide us with the information given below and we will act on it.
- The authorized person who will act on behalf of the owner of the copyright should send a digital or physical signature.
- A description of the copyrighted work that you claim to be infringing your IP.
- A description of where and how the material that you claim is infringing is located on our Website, with enough detail that we may find it on the Website.
- Your Contact Details – Address, telephone number, and email address.
A statement by you, that the information which you provided is accurate and your claim of the copyright or intellectual property is on your owner’s behalf.
Data protection and privacy
CMIT GLOBAL EDUCATION LIMITED will process the information it receives from you or otherwise holds about you in accordance with the Online Terms and its privacy policy. You consent to the use by CMIT GLOBAL EDUCATION LIMITED of such information in accordance with CMIT GLOBAL EDUCATION LIMITED’s privacy policy.
Changes by us
An Online Class description constitutes only an indication of what the Online Course is planned to accomplish. The Online Class description does not form part of the Contract between you and us. We will use our reasonable endeavors to provide an Online Class as described.
Inconsistency of terms
If there is any conflict between these Terms and Conditions of Online Classes, any applicable Additional Online Terms and Conditions, and the Terms and Conditions of Website Use, the conflict shall be resolved according to the following order of priority
- the Additional Online Terms and Conditions
- the Terms and Conditions of Online Classes
- the Terms and Conditions of Website Use
Governing law
The website of CMIT-GLOBAL.COM is controlled by CMIT GLOBAL EDUCATION LIMITED from our head office located in Canada. It can be accessed by most states around the country. As each state has laws that may differ from those of our State, Canada by accessing our website, you agree that the statutes and laws of Headoffice, Canada without regard to the conflict of laws Furthermore, any action to enforce this shall be brought in the state courts located in our present Headoffice, Canada. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Cancellation and refund
Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by CMIT GLOBAL EDUCATION LIMITED. For further information, refer to the Cancellation and Refund Policy.
General
- CMIT GLOBAL EDUCATION LIMITED reserves the right to recover any reasonable debt collection costs in connection with the Online Terms.
- CMIT GLOBAL EDUCATION LIMITED may update or amend the Online Terms from time to time to comply with the law to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website or will be notified through Circulars.
- You may not assign or sub-contract any of your rights or obligations under the Online Terms to any third party unless agreed to by CMIT GLOBAL EDUCATION LIMITED pursuant to Additional Online Terms and Conditions.
- CMIT GLOBAL EDUCATION LIMITED may assign, transfer, or subcontract any of its rights or obligations under the Online Terms to any third party at its discretion.
- You must not engage any faculty or tutor to serve you independently or contact any Faculty privately and disrupt the trade practice by paying them a separate fee and taking special assistance.
- If any of the Online Terms are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.
- Any notices required to be served on you by CMIT GLOBAL EDUCATION LIMITED under the Online Terms will be deemed properly served if emailed or posted to the email address or address notified by you to CMIT GLOBAL EDUCATION LIMITED respectively. Any notices required to be served on CMIT GLOBAL EDUCATION LIMITED by you will be deemed properly served if sent by email or post to the address.
- A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.
- The Contract between you and CMIT GLOBAL EDUCATION LIMITED will be concluded in English only.
Contact information
If you have any questions or comments about our Terms of Service as outlined above, you can contact us: CMIT GLOBAL EDUCATION LIMITED
64 Iron Gate Street, Kitchener ON N2N 3R6, Canada