TERMS OF SERVICE
March 18th, 2022
Welcome to Edooking located at www.edooking.com (the “Site”) provided by or on behalf of EDOOKING TECHNOLOGIES INC. and its current and future affiliates (collectively: “Edooking”, “us”, “we”, “our” or the “Company”). “You” and “your” means, as applicable, you and every person who uses the Service through your account. Please read these terms of service (“Terms”) carefully before you use the Site.
BY CREATING AN ACCOUNT AND/OR USING THE SITE, YOU EXPLICITLY ACKNOWLEDGE AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, THEN YOU MAY NOT USE THE SITE OR THE SERVICES OFFERED THEREON.
The Service (defined below) is only accessible to users who have registered an account with on the Site.
Not all aspects of the Service, including, without limitation, certain Content, will be available to you unless the applicable personal computer, digital set-top box, gaming device, tablet device, mobile device, or other digital device (each a “Digital Device”) you use to access the Service and your Internet connection satisfy the Service’s minimum technical requirements. We may change these requirements from time to time at our sole discretion. Unless we specify otherwise, you are solely responsible for updating or maintaining your Digital Device and Internet connection as necessary to meet these requirements. Since the Service is often transmitted over the Internet, you may experience, from time to time, connection issues or temporary outages. You are responsible for any data usage and charges you incur to access the Service through an Internet connection.
The Site provides various services (collectively, the “Service”) including:
a. providing certain materials, products and services, including, without limitation, pricing, features, promotions and information from or regarding third parties (the “Content”) to provide information or otherwise assist you in enrolling as a student at certain educational institutes/organizations around the world with whom Edooking has a working relationship (collectively, the “Edooking Partners”);
b. acting as intermediary to pass along application and registration data to applicable Edooking Partners as part of the enrollment process offered by such Edooking Partners (each, an “Application”); and
c. facilitating Applications by, on a case-by-case basis, providing assistance when communicating with Edooking Partners, providing advice and guidance when filling out Applications, and forwarding Application fees and other payments associated with Applications.
The Company grants you a limited, personal, non-exclusive, revocable, non-transferable license to access and make personal use of the Site for the sole purposes of using the Service, viewing the Content, and submitting Applications to Edooking Partners. You may not or modify the Site, or any portion of it. This license does not permit any resale or commercial use of the Site or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of the Site or its contents; nor any downloading or copying of account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. The Site, including any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company. You may not use any meta-tags or any other so-called “hidden text” utilizing the Company’s name or trademarks. Any unauthorized use terminates the limited license granted herein. You will likewise ensure that your use of the Site and/or the Service does not interfere with, or adversely affect any software, system, network, or data used by any third-party including, without limitation, Edooking and other users of the Service (including, without limitation, by ensuring that uploaded Data is free of any viruses or other harmful code or by placing an undue burden upon the network infrastructure on which the Service operates), or attempt to circumvent or bypass any of the Site’s security measures.
During the registration process, you will be asked to provide an e-mail address, choose a password, and provide billing information and certain other information including, but not limited to, citizenship, legal residency status, gender, date of birth, employment information, and educational transcripts (the “Data”). You certify that any information that you provide during the registration process will be complete and accurate and that you will not register under the name of, nor attempt to use the Service under the name of, another person. You agree to promptly update any information as necessary to ensure that your account is kept complete and accurate, including, without limitation, any payment information that you designate for payment for the Service. If you do not update that information when necessary, you may not be able to access the Service, Edooking may not have sufficient data to facilitation your Applications, or Applications made through the Service may become ineligible, through no fault of Edooking or its representatives. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE COLLECTION OF ALL RELEVANT INFORMATION AND PERMISSIONS FROM ANY AFFECTED THIRD-PARTY, INCLUDING, WITHOUT LIMITATION, YOUR PAST AND CURRENT EDUCATIONAL INSTITUTION(S), FOR EDOOKING TO COLLECT YOUR DATA. You will be responsible for preserving the confidentiality of your password and will notify us immediately of any known or suspected unauthorized use of your account and agree to take reasonable steps to prevent any reoccurrence. If you have forgotten your password and we are otherwise unable to verify your identity, then we may take any action that we deem appropriate, including, without limitation, deleting your account. You may be held liable for any loss or damage incurred by the Company or any other user or visitor to the Site due to another party using your account or password.
Data you submit as part of the registration and Application process will remain the property of the respective owners, and nothing herein will be interpreted as an assignment of rights from you, or the respective owner(s), to Edooking except for and to the extent necessary for the purposes as stated herein.
In order to provide the Service, including, but not limited to, processing and submitting Applications, it may be necessary for Edooking to collect, process, transmit, and disclose some or all of your Data to Edooking Partners and their service providers, and you hereby acknowledge and consent to:
a. Edooking providing your Data to Edooking Partners, visa and immigration agencies, language testing organizations, professional bodies, governmental or regulatory authorities, and Edooking’s contracted service providers (including, without limitation, hosting providers and payment processors) as part of the provision of the Service to you;
b. receiving electronic communications from us relating to your account, which may include sending emails directly to the e-mail address provided during registration, or posting communications on the Service, or via the “Your Account” page and will include notices about your account (including, without limitation, payment authorizations, changes to your password or payment method, confirmation emails, and other transactional information) and are part of your relationship with us;
c. Edooking sending any notices, agreements, disclosures, or other communications to you referenced in sub-paragraph b. above will satisfy any legal communication requirements, including that such communications be in writing;
d. the disclosure of any information necessary to comply with a duly issued order of a legal, governmental, or regulatory authority; and
e. receiving certain other communications from us, such as newsletters about new Site and/or Service features and content, special offers, promotional announcements and customer surveys via e-mail or other methods.
In order to change your e-mail address for communications, or if you no longer wish to receive certain non-transactional communications, simply go to the bottom of the e-mail and select the corresponding hyperlink text.
In order to provide the Service, Edooking may be required to provide your data to third-parties (including, without limitation, Edooking Partners) who may host or otherwise store your Data on services residing in jurisdictions outside of Canada, over which we have no direct control. By using the Service, including, without limitation, submitting one or more Applications, your Data, or such elements thereof necessary for a foreign Application, may become subject to the applicable laws and regulations of the jurisdiction in which the third-party servers are located, and/or to the terms and conditions of agreements respecting the hosting of data on such servers.
In some cases the Company may permit you to submit information and other content, so long as the information or other content is not illegal, obscene, threatening, defamatory, in violation of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or worms or any code of a destructive nature, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. The Company reserves the right (but not the obligation) to remove or edit such content.
If you submit comments, communications, or other content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such information or other content if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third-party.
We may modify the Content made available on the Site at any time in our sole discretion without prior notice to you. We may also modify these Terms or change any aspect of the Service at any time in our sole discretion. If you do not accept any modification to these Terms or changes to the Service, then your sole remedy is to terminate these Terms by no longer using the Site and the Service by terminating your account by following the steps outlined below and sending us written notice to that effect by e-mail to email@example.com.
Subject to our right to make modifications, no other statements, written or verbal, will change these Terms.
You may not make any changes to these Terms.
Without limitation, you may not use (or allow anyone else to use) our Service to:
a. use, possess, post, upload, transmit, disseminate or otherwise make available content that is unlawful or violates the copyright or other intellectual property rights of others;
b. participate in any illegal soliciting or gaming schemes;
c. attempt to use the Service in such a manner so as to avoid incurring charges for usage;
d. participate in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature;
e. invade another person’s privacy, or collect or store personal data about other users, or stalk or harass another person or entity;
f. access any computer, software, date or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or to use any tools designed to facilitate access, such as packet sniffers;
g. upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software, content (including the Content), or other material protected by copyright or other proprietary or contractual right or related derivative works, without obtaining the permission of the copyright holder or rightsholder;
h. use, reproduce, sell, resell or otherwise exploit the Service for any commercial purposes;
i. copy, distribute, sub-license or otherwise make available any Third-Party Software (as defined herein) or Content except as authorized by us;
j. restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet, the Service or any equipment used to connect to the Service;
k. disrupt any backbone network nodes or network service or otherwise restrict, inhibit, disrupt or impede our ability to monitor or deliver the Service, our transmissions or data; interfere with computer networking or telecommunications service to or from any Internet user, host, provider or network, including but not limited to denying service attached, overloading a service, improperly seizing or abusing operator privileges or attempting to crash a host;
l. use the Service for anything other than your own personal purposes, or share or transfer your Service without our express consent;
m. operate a server in connection with the Service, including, but not limited to, mail, news, file, gopher, telnet, chat, Web or host configurations servers, multimedia streamers or multi-user interactive forums;
n. impersonate any person or entity, including but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
o. forge headers or otherwise manipulate identifiers in order to disguise the original or any content transmitted through the Service;
p. port scan a person’s computer without that person’s consent or use any tools designed to facilitate these scans; or
q. use the Site or the Service in any way inconsistent with these Terms.
You are responsible for any misuse of the Service, by yourself or by any person with access to the Service through your digital devices or your account. You must, therefore, take steps to ensure that others do not gain unauthorized access to the Service through any means, including, without limitation, wireless networking, and wired networking. The Service may not be used to breach the security of another user or to attempt to gain access to any other person’s equipment, software, or data, without the knowledge and consent of that person. Additionally, the Service may not be used in any attempt to circumvent the user authentication or security of any host, network, or account, including without limitation, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. You may not disrupt the Service. The Service also may not be used to interfere with computer networking or telecommunications services to any user, host, or network, including without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing, and abuse of operator privileges and/or attempts to crash a host. The transmission or dissemination of any information or software that contains a virus or other harmful feature is also prohibited. You are solely responsible for the security of any digital device you choose to connect to the Service, including any data stored on that device. You may not access the Service using a rooted or jailbroken device. In particular, the Company recommends against enabling file or printer sharing of any sort. The Company recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.
a. By agreeing to these Terms, you represent that you are at least the greater of nineteen (19) years of age, or the age of majority in your home Province, State, or jurisdiction, or that you are the legal guardian agreeing to these Terms on behalf of a minor dependent to use the Site. You further represent that you have the right and the authority to agree to these Terms, to grant the rights and licenses referred to in these Terms, to use the Service, and to post or upload any content to Edooking’s Site or otherwise provide such content and Data to Edooking.
b. You may not and will not use the Site or Service for any illegal or unauthorized purpose, nor may you purchase any Service or use the Site if doing so violates any laws in your local jurisdiction including, without limitation, copyright laws, embargos, or sanctions which would prevent you from registering as a student in Canada or the U.S. and the respective region(s) of any Edooking Partner(s) you are interested in, if applicable,, or if you are otherwise prohibited or restricted from entering or transacting business with Canada or the U.S. for any reason whatsoever.
c. You will not knowingly permit anyone other than yourself or your authorized designate to obtain access to the Service through your Edooking account or otherwise using your login credentials, and, failing that, you will alert us to any breach of this nature as soon as you discover it.
d. You will only use the Service in accordance with these Terms and applicable law(s).
e. You will comply with any Edooking Partner policies and procedures applicable to your Applications.
f. In the event, and to the extent that, you have authorized a recruiter or authorized third-party representative (each, a “Recruiter”) to provide your Data on your behalf for the purposes of using the Service:
i. that such authorized individual has been vetted as a legitimate reason to view your academic records and information in compliance with any and all relevant legislation and/or regulations;
ii. that you will not solicit any information pertaining to immigration or visa applications, whether or not a visa application has actually been made, from a Recruiter unless you have confirmed that they comply with any and all relevant legislation and/or regulations in the country to which you are applying and, if required, confirming that the Recruiter is duly registered in their jurisdiction; and
iii. that you will not pay or otherwise compensate any unauthorized recruiters for any immigration or visa related advice unless they have confirmed to you that they are qualified under any and all relevant legislation and/or regulations.
g. You will ensure that any files or data uploaded to the Site or that you otherwise provide to Edooking will be free of viruses or other harmful code.
h. You will not interfere with or in any manner compromise any of Edooking’s security measures.
i. You will cooperate with Edooking, including, but not limited to, providing requested information to assist Edooking and any governmental or regulatory authorities in investigating or determining whether there has been a breach of these Terms or applicable statute or regulation.
j. You will comply with the terms and conditions of any agreements entered into between you and any third party (including the Edooking Partners, the service providers for any Internet services you use in conjunction with the Service, and the hardware providers for any mobile device or other computing equipment through which you use the Service), and to the extent that such agreements impose additional restrictions respecting your use of the Service (whether by reason of usage limitations or otherwise), you will use the Service in compliance with such restrictions.
All prices listed on the Site are displayed in the local currency of the Edooking Partner as indicated by the standard currency abbreviations (e.g. “CAD” = Canadian dollars, etc.), and do not include applicable taxes. Taxes will be applied at the time of payment, and you are responsible for any taxes relating to your financial transactions with the Company. You will pay all applicable fees in connection with the Service, as set forth in Edooking’s price list, the Site, or as otherwise provided to you.
b. Additional Fees
. For various reasons including, but not limited to, the policies of certain countries or entities, other particulars regarding individual applicants, and the calculated likelihood of an Application’s success due to governmental or regulatory authority visa approvals, we may require additional processing fees. The details regarding the Application processing fees and countries to which they may apply may be viewed on the Site, and we may change them from time to time. The criteria by which an Application processing fee(s) will or will not be refundable are set out on the Site. THE SITUATIONS WHERE AN APPLICATION PROCESSING FEE WILL NOT BE RETURNED TO YOU INCLUDE THE FOLLOWING SITUATIONS: (A) YOU FAIL TO PROVIDE THE REQUIRED DOCUMENTS TO PROCESS THE APPLICATION; (B) YOUR VISA APPLICATION IS REJECTED; OR (C) YOU CANCEL YOUR APPLICATION BEFORE AN ADMISSION DECISION IS RECEIVED.
c. Third Party Fees.
Certain fees charged as part of the Service are set by Edooking Partners or other third parties, and we may have no control over the fee amount. Any such fees will be remitted directly to the applicable Edooking Partner or third party, and such payment obligation are therefore non-cancellable and non-refundable.
d. Price Changes.
We reserve the right to adjust pricing for the Service or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect at the time any prices listed on the Site are updated, and your continued use of the Service after any such change will be deemed to be your consent to such changes.
e. Payment Methods
. You may edit your payment method information by visiting our Site and clicking on the “My Account” link, available at the top of the pages of the Site. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not edit your payment method information or cancel your account (see “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. For certain payment methods, the issuer of your payment method may charge you other charges. Check with your payment method service provider for details.
You may cancel your Site membership and any of the Services at any time. Certain payments may be partially or non-refundable based on the number of days prior to a course start date, as follows:
a. Cancellation more than 91 days before the course start date will entitle you to a refund of 75% of the course fee.
b. Cancellation from 61 to 90 days prior to the start date of the course will entitle you to a refund of 70% of the course fee.
c. Cancellation 45 to 60 days prior to the start date of the course will entitle you to a refund of 65% of the course fee.
d. Cancellation 44 days prior to the start date of the course or less will entitle you to a refund of 60%of the course fee.
e. Fees paid for certain Services, including, without limitation, “Edooking” administrative fees, school registration fees, and accommodation booking fees, will be non-refundable.
Any eligible refunds will be processed upon your cancellation request, and may take up to 120 calendar days to process.
You acknowledge and agree that our content suppliers are third-party beneficiaries of these Terms. This means that, upon your acceptance of these Terms, such suppliers will have the right (and will be deemed to have accepted the right) to enforce these Terms directly against you.
There are software programs and technology contained within, or available through, the Service, that have been licensed to us by third-parties (collectively “Third-Party Software”). Any Third-Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third-Party Software will not be held liable for the removal or other unavailability of such Third-Party Software in the Service. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to the Third-Party Software contained in the Service. The Company does not assume any responsibility or liability for your use of such Third-Party Software.
All Content included on the Site, including, but not limited to, video clips, documents, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on the Site is also the exclusive property of the Company or its content suppliers and protected by Canadian and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.
Except as expressly provided, nothing in these Terms or within the Service, including any Content, will be construed as conferring any license or other right or entitlement under any intellectual property right, whether by estoppel, implication, waiver or otherwise.
The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of rights violation is by e-mail at firstname.lastname@example.org. We will process your complaint pursuant to the Copyright Act of Canada.
You are welcome to link to a homepage of the Site; however, you may only establish a hypertext link to the homepage of the Site if: (a) the link does not state or imply any affiliation, connection, sponsorship, endorsement, commercial tie-in, or approval of your site by us or anyone having rights to any Content on the Service, or create the false impression that an entity is sponsored by or associated with us; and (b) the appearance, position and other aspects of the link does not damage the goodwill associated with us, our trademarks or any other trademarks appearing on the Site. Notwithstanding the foregoing, links with any video player, or within the Content itself, is strictly prohibited.
We may provide links to the sites of affiliated companies and/or certain other businesses or websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
“Edooking,” the Site and related names, logos, images, page headers, button icons, scripts, and service names, as well as some of the characters, logos or other images incorporated by us into the Service and/or the Content are protected by registered or unregistered trademarks or trade names owned by or licensed to the Company (collectively, the “Trademarks”). The Trademarks and all other trademarks included in or accessible through the Service or Content are the property of their respective owners and use of them is not authorized in any manner other than as required for you to use the Service and view the Content in accordance with these Terms.
If you have download software from us related to the use of the Service:
. The Company grants to you a limited, non-exclusive, non-transferrable, no-fee, revocable license to install and use one copy of the executable code of the software on each Digital Device that is connected to the Service. All other rights are reserved to the Company, its licensors and/or suppliers.
. You acknowledge and agree that you have been granted a license and not a transfer of ownership in the software. You may not:
i. Rent, lease, sell, sublicense, assign, distribute or otherwise transfer any portion of the software or use it for any purpose other than in association with the Service;
ii. Reverse engineer, decompile or disassemble any portion of the software, except and only to the extent that this limitation is expressly allowed by applicable law;
iii. Copy, modify, alter, or tamper with the software (including without limitation removal of any copyright or other proprietary notices from the software) or create any derivative works of the software; or
iv. Attempt to defeat, avoid, by-pass, remove, deactivate, or otherwise circumvent any software protection mechanisms.
c. Data Maintenance, Support and Software Updates/Changes (if applicable). The Company may elect to provide you with customer support and/or software upgrades, enhancements, or modifications (collectively “Support”), in its sole discretion, and may terminate this Support at any time without notice to you. The Company may, without notice or liability, collect non-personal information regarding your Digital Device(s), hardware, and software during the installation and/or use of the software.
You will keep the information contained on the Site, accessed as part of the Service, or contained in the Content that is not a matter of public knowledge that the time you receive it will be considered confidential information, and you will maintain this confidence by taking all necessary precautions to avoid unauthorized communication of the confidential information, with the sole exception, and to the extent that a duly issued court order or other similar compulsory order requires disclosure thereof. You will advise us immediately upon your knowledge of any breach or ordered communication of any confidential information.
You acknowledge and affirm that damages may not be an adequate remedy to compensate us for any breach of your obligations contained herein, and accordingly you agree that in addition to any and all other remedies available, Edooking will be entitled to obtain relief by way of a temporary or permanent injunction to enforce your obligations.
The Company may, at any time, without notice to you, restrict, block suspend or cancel any or all of your use of the Site, the Service, or your account if you fail to comply in full with any of these Terms or any other terms, agreements or policies that apply to the Site and the use of it. Any cancellation by us will not relieve you of any obligation to pay fees accrued to your account prior to cancellation.
You agree to defend, indemnify and hold harmless the Company from and against all claims, liability, losses, actions, proceeding, suits, damages, settlements, penalties, fines, costs and expenses, including all reasonable legal fees and other litigation expenses, arising out of: (a) your breach of any provision of these Terms; (b) your use or misuse of the Site, the Service, or the Content; (c) your use of or inability to use any Third-Party Software; or (d) any violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third-party. The Company may, in its sole discretion and at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim. Your indemnification will survive any termination of your right to use the Site and the Service.
The Site, the Service, and all Content, material, information, or postings found on or accessed through the Site are provided on an “as is” basis. To the maximum extent permitted by applicable law, the Company expressly disclaims any and all representations, warranties and conditions, express or implied, including without limitation, any and all representation and warranties of title and non-infringement, and all implied warranties and conditions or merchantable quality, fitness for any particular purposes, suitability for any particular purpose and any representations, warranties or conditions arising from any course of dealing or usage of trade, for the Site, the Service or the Content contained in or accessed through the Site. The Company makes no representations or warranties as to the performance, availability, accuracy, timeliness, reliability, secure operation, truthfulness or completeness of the Site, the Service or the Content contained in or accessed through the Site, including without limitation, the contents, transmission or delivery of any Content, information, material or posting found on the Site, any services provided through the Site (including the Service), or any links to other websites made available on the Site or the content contained on such site(s) or, for Third-Party Software, the operation of the Third-Party Software or any feature of the Third-Party Software. The Company further makes no representations or warranties that the Site or access to and use of the Site will be continuous, accurate, uninterrupted, error-free or free from defects, viruses or other harmful codes or components.
You expressly agree that your use of the Site and the Service are at your sole risk. Information provided on the Site may contain references to products and services offered by authorized distributors that are not available in your local area, and the Company makes no representations or warranties as to the availability of such products and services in your local area, and such references do not imply that those authorized distributors intend to provide such products or service in your local area.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE SITE(S) ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
SUBJECT TO ANY APPLICABLE LOCAL LAWS, IF ANY, UNDER NO CIRCUMSTANCE, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH, WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES OR ANY LOSS THAT RESULTS FROM THE SUPPORT FOR ANY THIRD-PARTY SOFTWARE, THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICE OR ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS ON THE SITE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY WHETHER OR NOT THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU; AND ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITY OR COSTS RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD-PARTY. THESE LIMITS APPLY TO ANY ACT OR OMISSION OF THE COMPANY, WHETHER OR NOT THE ACTS OR OMISSIONS WOULD OTHERWISE GIVE RISE TO CLAIMS OR CAUSES OF ACTION IN CONTRACT, TORT, PURSUANT TO STATUTE OR PURSUANT TO ANY OTHER DOCTRINE OF LAW.
All disputes or questions touching on these Terms or as to any act, deed or omission or the rights, duties, or liabilities of any of the parties under these Terms will be referred to arbitration before a single arbitrator in accordance with and subject to the provisions of the Arbitration Act of British Columbia and amendments or replacements thereto. The place of arbitration will be the City of Vancouver, Province of British Columbia.
All disputes or questions touching on these Terms or the construction or application thereof, or any clause or thing herein contained, or any account to be determined or made in connection with these Terms or as to any act, deed or omission or the rights, duties, or liabilities of any of the parties under these Terms will be referred to arbitration before a single arbitrator, administered by the British Columbia Arbitration Centre pursuant to its rules. The place of arbitration will be the City of Vancouver, Province of British Columbia.
These Terms will in all respects be governed and construed in accordance with the laws of the Province of British Columbia, Canada applicable to contracts entered into and fully performed therein, and the applicable sections of the Copyright Act and any other applicable copyright law. Subject to the arbitration clause immediately preceding this paragraph, only the British Columbia courts (Provincial and Federal) will have jurisdiction over controversies regarding these Terms and the parties consent to the same. Any proceeding involving such a controversy will be brought in those courts, in the City of Vancouver.
These Terms, as amended from time to time, any payment terms, any other documents referred to in these Terms and any rules, policies, guidelines or other agreements posted on the Site by the Company, constitute the entire agreement between us and you for your use of the Site and the Service.
Either party’s failure to insist upon or enforce strict performance of any provision of these Terms does not mean that party has waived any provision or right in these Terms. No waiver by either the Company or you of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that determination will not affect the remaining provisions. If any provision of these Terms is unenforceable, the unenforceable provision will be construed in accordance with applicable law as nearly as possible to give effect to the Company’s original intentions and the remainder of the provisions will remain in full force and effect.
You may not assign or transfer these Terms. We may assign or transfer these Terms or any of our rights or obligations under these Terms without your consent.
If you are dissatisfied with the Site or with these Terms, then your sole remedy is to stop using the Site.
Any notice of a claim or other legal correspondence must be sent to: Edooking, P.O. Box: 18563 Vancouver RPO West Georgia, BC, V6Z 0B3 Canada and/or by e-mail to: email@example.com. Any notice will be deemed to have been given on the date on which it was received by the Company’s legal representatives.