Terms of Use

CAST Virtual Learning Environment (VLE) Terms and Conditions

Last Updated: December 11^th2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms and conditions apply to your use of our Virtual Learning Environment (“VLE”).

Our General Terms of Use https://cast-soft.com/terms-of-use/ and Privacy Policy https://cast-soft.com/privacy-policy/ also apply to your use of our VLE and should be read in conjunction with this policy.

These are the Terms and Conditions on which you access and use the VLE and on which we will supply our Educational Products to you. Please read these terms carefully before you start using the VLE. These terms tell you who we are, how we will provide a Products to you, how we may change or end the contract, what to do if there is a problem and other relevant information. These terms do not affect any of your legal rights. Any part of these terms which would otherwise exclude or restrict your rights as a consumer will, to that extent, have no force or effect.

INFORMATION ABOUT US AND HOW TO CONTACT US

The Educational Portal is provided to you by CAST Group of Companies Inc. (“we” and “us” and “CAST”), a corporation incorporated under the laws of the Province of Ontario with a registered office at 35 Ripley Av, Toronto, ON M6S 3P2, Canada. To contact us telephone our Training team at 1-416-597-2278 or email us at [email protected]
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your registration.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

OUR CONTRACT WITH YOU

You will be deemed to have agreed to these terms by accepting them when you first login to, or register on, the VLE.
These terms apply to your use of the VLE and all content you access on the VLE.
You are free to access online content on the Platform at any time that suits you.
Although we endeavour to provide high-quality content, we do not give any condition, warranty or guarantee of the accuracy of any content available on our VLE.
You are responsible for ensuring the content you access on the VLE is suitable for your needs and learning objectives. We do not give any condition, warranty or guarantee that any content are suitable for your needs, ability or learning objectives.
We do not guarantee that our VLE, or any content on it, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our VLE for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We are not liable to you for any loss, costs, damages or expenses you suffer as a result of access to our VLE or any content on it being suspended, withdrawn or restricted.
We reserve the right to de-activate or suspend your account on the VLE at any time. We shall not be liable to you for any loss, cost, damages or expenses you incur as a result.

PRICE AND PAYMENT

Products must be paid for before access to content is granted.
You agree to provide valid payment information and pay all such charges attached to your selected Product. When you provide credit or debit card information or other information necessary to facilitate payment to us, you warrant and represent that you are the authorized user of the credit or debit card or alternative payment method. You are responsible for purchase of, and payment of charges for, all internet access and telecommunications services needed for the use of the VLE and Educational Products.

INTELLECTUAL PROPERTY

All intellectual property rights contained in the materials and content provided by us on the VLE, and in connection with any Educational Product, are owned and shall remain the property of CAST, and we assert our right to worldwide copyright and all related rights unless expressly agreed otherwise in writing.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Nothing in these terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation.

HOW WE MAY USE YOUR INFORMATION

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.
You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all of the data inputted by you or someone on your behalf when using the VLE and any Educational Product. You will indemnify CAST for all loss suffered by CAST in respect of any breach of legislation/law/regulation and/or third-party rights (including but not limited to any intellectual property and confidentiality rights).
CAST shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data. In the event of any loss or damage to Customer Data, your sole and exclusive remedy against CAST shall be for CAST to use reasonable commercial endeavors to restore (insofar as CAST can) the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by CAST.

OTHER IMPORTANT TERMS

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
CAST has a right to enforce this contract. CAST shall have the benefit of (and the right to apply) all the provisions of this contract (without having any obligation to perform any of the obligations in this contract).
We are not responsible to you or any other person in respect of any damages, delays, losses, failures of performance or anything similar in respect of circumstances that arise from acts or events outside the control of CAST including but not limited to: epidemic, pandemic (including but not limited to coronavirus/Covid-19 and any consequences related to that), fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by the laws of the Province of Ontario. Any dispute or claim arising out of or in connection with a contract between us or its subject matter shall be governed by and construed in accordance with the law of the Province of Ontario and the courts of the Province of Ontario shall have exclusive jurisdiction to settle any such dispute or claim.