Terms of Service
Last updated: December 15, 2024
1. Agreement to Terms
These Terms of Service ("Terms") govern your use of the PaciaRefer website located at paciarefer.com and our English language learning services. By accessing or using our services, you agree to be bound by these Terms and all applicable laws and regulations.
If you do not agree with any part of these Terms, you may not access or use our services. These Terms apply to all visitors, users, and others who access or use our services.
2. Description of Services
PaciaRefer provides online English language learning services for adults, including:
- Interactive English lessons and courses
- Community practice groups and conversation sessions
- Expert instructor support and personalized guidance
- Certification programs and progress tracking
- Educational resources and learning materials
- Assessment and placement testing
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.
3. Eligibility and Account Registration
Eligibility
Our services are intended for adults aged 18 and older. By using our services, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into these Terms
- You will comply with all applicable laws and regulations
- All information you provide is accurate and truthful
Account Registration
To access certain features of our services, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as necessary
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
4. Payment Terms and Refunds
Payment
Payment for our services is due in advance according to the billing cycle you select. We accept major credit cards and other payment methods as indicated on our website.
- All fees are in Canadian Dollars (CAD) unless otherwise specified
- Fees are non-refundable except as expressly stated in these Terms
- You authorize us to charge your selected payment method
- Failed payments may result in service suspension
- Price changes will be communicated with 30 days notice
Refund Policy
We offer a limited refund policy under the following conditions:
- 14-Day Money-Back Guarantee: Full refund if you're not satisfied within 14 days of enrollment
- Course Cancellation: Prorated refund if we cancel a course due to insufficient enrollment
- Technical Issues: Refund or credit if technical problems prevent access to paid content
- Medical/Emergency: Prorated refund for documented medical emergencies or extenuating circumstances
Refund requests must be submitted in writing to [email protected] with supporting documentation where applicable.
5. User Conduct and Prohibited Activities
Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You are responsible for your conduct while using our services.
Prohibited Activities
You may not:
- Use our services for any illegal or unauthorized purpose
- Violate any applicable laws or regulations
- Harass, abuse, or harm other users or instructors
- Share account credentials with others
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our services or servers
- Upload or transmit malicious code or content
- Infringe on intellectual property rights
- Engage in spam, phishing, or fraudulent activities
- Record, copy, or redistribute our content without permission
- Use automated tools to access our services without authorization
6. Intellectual Property Rights
Our Content
All content provided through our services, including but not limited to lessons, exercises, videos, audio materials, text, graphics, logos, and software, is owned by PaciaRefer or our licensors and is protected by copyright, trademark, and other intellectual property laws.
License to Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our services for your personal, non-commercial educational purposes.
Restrictions
You may not:
- Copy, modify, distribute, or create derivative works from our content
- Use our content for commercial purposes without written permission
- Remove or alter any copyright, trademark, or proprietary notices
- Reverse engineer or attempt to extract source code
- Share or redistribute our materials outside of our platform
Your Content
You retain ownership of any content you submit to our services. By submitting content, you grant us a worldwide, royalty-free license to use, reproduce, and display your content as necessary to provide our services.
7. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
Please review our Privacy Policy to understand how we protect your personal information.
8. Disclaimers and Limitations of Liability
Service Availability
While we strive to provide reliable service, we do not guarantee that our services will be available 24/7 without interruption. We may experience downtime for maintenance, updates, or technical issues.
Educational Outcomes
While we provide high-quality English language instruction, we cannot guarantee specific learning outcomes or results. Your progress depends on various factors including your effort, practice, and individual learning capabilities.
Disclaimer of Warranties
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:
- Merchantability and fitness for a particular purpose
- Non-infringement of third-party rights
- Accuracy, completeness, or reliability of content
- Uninterrupted or error-free operation
Limitation of Liability
To the maximum extent permitted by law, PaciaRefer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, data, or business opportunities
- Personal injury or property damage
- Third-party claims or actions
- Service interruptions or technical failures
Our total liability shall not exceed the amount you paid for our services in the 12 months preceding the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless PaciaRefer, our officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or related to:
- Your use of our services
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Your content or information you provide
- Your infringement of any third-party rights
10. Termination
Termination by You
You may terminate your account at any time by contacting us at [email protected]. Upon termination, your access to our services will cease, and any outstanding fees remain due.
Termination by Us
We may suspend or terminate your account immediately, without prior notice, if:
- You violate these Terms or our policies
- You fail to pay applicable fees
- We suspect fraudulent or illegal activity
- We discontinue our services
- Required by law or regulatory authorities
Effect of Termination
Upon termination of your account:
- Your right to access our services immediately ceases
- We may delete your account and associated data
- Outstanding payment obligations remain in effect
- Provisions of these Terms that should survive will continue to apply
11. Governing Law and Dispute Resolution
Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Dispute Resolution
Any disputes arising out of or relating to these Terms or our services shall be resolved through the following process:
- Informal Resolution: Contact us at [email protected] to attempt resolution
- Mediation: If informal resolution fails, disputes may be resolved through mediation
- Jurisdiction: Legal proceedings must be brought in the courts of Toronto, Ontario
12. Changes to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will:
- Update the "Last updated" date at the top of these Terms
- Post the revised Terms on our website
- Notify you of material changes via email or website notice
- Provide at least 30 days notice for significant changes
Your continued use of our services after changes become effective constitutes acceptance of the new Terms.
13. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and PaciaRefer regarding our services.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.
Force Majeure
We shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.
14. Contact Information
If you have any questions about these Terms of Service, please contact us:
Legal Department
PaciaRefer
123 Bay Street, Suite 1500
Toronto, ON M5H 2Y4
Canada
Email: [email protected]
Phone: +1 (416) 555-0123
Business Hours: Monday to Friday, 9 AM - 5 PM EST
For general inquiries about our services, please contact [email protected]