The following terms and conditions (“Terms and Conditions”) govern your use of this, the subscription web service kctlearning.ca, our learning modules at flexiquiz.com to access educational content available on the interface, and take practice tests, or any other web service or site owned and/or operated by Irish Learning and Performance Academy (the “ILPA Service”), and by accessing, viewing, or using the material and functionality of the ILPA Service, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the ILPA Service and should exit immediately.
If you are under the legal age in your jurisdiction in order to enter into a binding contract, you acknowledge that parental or guardian consent is required for the use and access to the ILPA Service and represent and warrant that you have your parents’ permission to do so.
Any access to our ILPA Services through registration/subscription is non-transferable.
Proprietary Rights. All material contained in the ILPA Service is protected by law, including, but not limited to, Canadian copyright law. Except as indicated, the entire content (including images, text, and look and feel attributes) of the ILPA Service is declared (C) 2020 Irish Learning and Performance Academy (“ILPA”). All rights reserved. All questions and practice tests found on FlexiQuiz test site are intended for online study use only within the FlexiBank environment and web site. Use of these questions in any other manner, such as copying them into other resources or programs, is strictly prohibited. Removing or altering the copyright notice on any material on the ILPA Service is prohibited. ILPA also declares copyright of the ILPA Service as a collective work, and in the selection, coordination, arrangement, organization, and enhancement of such content. Any commercial use of this content is prohibited without the prior written consent of ILPA. All trademarks used at this website that are not the intellectual property of ILPA are property of their respective holders.
Authorized User: Authorized User refers to the one single user that accesses and uses the ILPA Service. You, perhaps a parent, guardian, or other, may purchase a subscription and permit one Authorized User to access and use the ILPA Service.
Profile Creation. (A) To access and utilize the ILPA Service, you may be required to create a user profile “Profile”. In the process of creating the Profile, you may be required to furnish certain details, including but not limited to email id, username, and guardian details. You warrant that all information furnished in connection with your Profile is and shall remain accurate and true in all respect, and agree that you shall promptly update your details on the Platform in the event of any change or modification. (B) You are solely responsible for maintaining the security and confidentiality of your username and password and agree to immediately notify us of any disclosure or unauthorized use of your Profile or any other breach of security concerning your Profile. (C) You expressly agree to be liable and accountable for all activities that take place through your Profile. We shall in no manner be held liable for any unauthorized access to your Profile. (D) You agree to receive communications from us regarding: (i) information relating to updated content on the ILPA Service; (ii) information about us and our ILPA Service; (iii) promotional offers and services, and advertising; (iv) any other matter in relation to the ILPA Service.
Communications With Our Web Service. KCTLearning.ca and ILPA welcome your feedback and suggestions about how to improve our products and services and the ILPA Service. By transmitting any suggestions, information, material, or other content (collectively, “content”) to ILPA, you automatically grant ILPA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such content (in whole or 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. Further, ILPA is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to the ILPA Service for any purpose, including but not limited to creating and marketing products and/or services using such information.
Third-Party Services. (A) The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third-Party Services”) or contain links to Third-Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third-Party Services is solely at your own risk. (B) We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third-Party Services are the property of the respective third parties.
No Solicitation or Offer or Advice. The ILPA Service is designed to provide general information about ILPA and its products and services. Information on the ILPA Service is not intended to constitute an offer to sell or a solicitation of any particular product or service.
Disclaimer of Warranty and Liability. Use of the ILPA Service is entirely at your own risk. Neither the ILPA Service, nor its affiliate, KCTLearning, is responsible for the consequences of reliance on any information contained in or submitted to the service, and the risk of injury from the foregoing rests entirely with you. These materials are provided “as is” without warranty of any kind, either express or implied. ILPA shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, expected grades, which may result from the use of, access to, or inability to use these materials. Under no circumstances will the total liability of ILPA to you exceed the price paid for use of the service.
Corrections and Changes. While we endeavour to keep these materials up to date, ILPA cannot assume responsibility for any errors or omissions in these materials. ILPA further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. ILPA S may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. ILPA reserves the right to terminate your access to the ILPA Service in the event that you violate these Terms and Conditions, or for any reason whatever.
Indemnification. You agree to defend, indemnify, and hold harmless ILPA, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the ILPA Service and any breach by you of these Terms and Conditions.
Links to Other Web Services. The ILPA Service contains links to other Internet web services to expedite the service of providing our clients’ services and information. These services are maintained by organizations over which ILPA exercises no control, and ILPA expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party services. ILPA does not control, endorse, promote, or have any affiliation with any other web service unless expressly stated herein.
Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable provincial, national and international laws and regulations. Neither ILPA nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Warranty. We provide our Service “as is”. We warrant to and promise you that we will use reasonable measures to maintain the operation of the Services and rectify faults as quickly as practicable. However, we do not promise that our Services will be available without interruption or at any particular time. We cannot accept liability in relation to any loss suffered by you resulting from any such suspension or interruption in Service caused by circumstances outside our control. In addition, we cannot guarantee that the Services will work with or can be accessed by you using any particular hardware or software including operating systems or in conjunction with any particular computer equipment, computer software or connectivity services. We do not accept liability for any such equipment, software or services.
Refunds: Except for a certain period of time at the beginning of a subscription period as specified by our refund policy, ILPA does not offer refunds on any fees or charges related to Your account, including a partially used period of use or non-use.
Termination of Subscription. We may terminate your account and remove your access to the Service immediately and take any appropriate legal action if you or anyone using your account violates these provisions or the privacy of other users. Your trial subscription terminates the tenth day following your registration unless special circumstances exist and you request an extension of your trial subscription via email to email@example.com
Governing Law and Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without reference to its choice of law rules. By accessing, viewing, or using the material on the ILPA Service, you consent to the jurisdiction of the federal and provincial courts presiding in Alberta, and agree to accept service of process by email and hereby waive any and all jurisdictional and venue defences otherwise available. The ILPA Service is controlled and operated by ILPA from its office in Alberta Canada. ILPA makes no representation that materials in the ILPA Service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the ILPA Service from other locations do so of their own volition and are responsible for compliance with applicable local laws.
These Terms and Conditions constitute the entire agreement between you and ILPA with respect to your use of the ILPA Service. You acknowledge that, in providing you access to and use of the ILPA Service, ILPA, has relied on your agreement to be legally bound by these Terms and Conditions.