TERMS OF SERVICE AGREEMENT – Elite Skills Canada

Effective Date: April 27, 2025

This Terms of Service Agreement (the "Terms") governs your access to and use of the website located at https://www.eliteskillscanada.com/ (the "Site") and the products and services offered thereon (collectively, the "Services"), provided by Elite Skills Canada Inc. (hereinafter referred to as the "Company", "We", "Us", "Our"). By accessing the Site or purchasing or using any Services, you, the user ("You", "Your"), signify that you have read, understand, and agree to be bound by these Terms in their entirety. These Terms constitute a legally binding agreement between You and the Company. If You do not agree to these Terms, You must not access the Site or use the Services. Your continued use of the Site or Services indicates your ongoing acceptance of these Terms and any future modifications. The establishment of clear consent and agreement through use is fundamental for the validity of electronic contracts under Canadian law.

1. Introduction & Acceptance of Terms

Accessing, browsing, or otherwise using the Site, registering for an account, or purchasing or using any of the Services offered by the Company constitutes Your unconditional acceptance of and agreement to be legally bound by these Terms. This acceptance is a prerequisite for using the Services. These Terms apply to all visitors, users, and others who access or use the Service. Should You disagree with any part of these Terms, Your sole recourse is to immediately discontinue access to the Site and cease all use of the Services. This agreement forms the basis of the legal relationship concerning the provision and use of the Company's offerings.

2. Description of Services

The Company provides online educational and skills development services aimed primarily at individuals seeking to enhance their English language proficiency and professional skills, particularly in the Canadian context. The Services include, but are not limited to, the following programs:

  • Elite English Program: This program offers comprehensive online English language training. Key features generally include access to a wide range of career-aligned and academic courses (such as TOEFL and IELTS preparation), general conversational English modules, placement assessments to personalize learning paths, and access to live online tutoring sessions. A significant aspect of this program is its delivery method: the core learning platform, including courses and live sessions, is provided through a third-party service provider, EnGen (as detailed further in Section 7).

  • Elite Skills Program: This program focuses on empowering individuals for career success in Canada. Components typically include personalized immigration pathway consultations, skills transferability and career mapping reports, professional resume and cover letter analysis, interview preparation coaching with recruitment experts, job search guidance, and a resource e-book on personal finance for newcomers. The specific deliverables aim to assist users in navigating the Canadian job market and settlement process.

  • Ultra Elite Bundle: This offering combines the full 12-month subscription to the Elite English Program with all components of the Elite Skills Program into a single package, intended to provide a comprehensive solution for language and career development.

The descriptions of Services provided on the Site and within these Terms are for informational purposes. The Company reserves the right to modify, enhance, or discontinue any aspect of the Services, subject to the provisions outlined in Section 14 (Modification of Terms). While the Company endeavors to provide accurate descriptions, users should refer to the most current information available on the Site at the time of purchase.

3. User Accounts

To access and utilize certain Services, You may be required to register for and maintain an active user account ("Account"). When creating an Account, You agree to provide information that is true, accurate, current, and complete as prompted by the registration process. Providing false, inaccurate, or incomplete information may result in the suspension or termination of Your Account and access to Services.

You are solely responsible for maintaining the confidentiality and security of Your Account credentials, including Your password, and for restricting access to Your computer and devices. You accept full responsibility for all activities that occur under Your Account, whether or not authorized by You. You must immediately notify the Company of any suspected or actual unauthorized use of Your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these security obligations.

To create an Account and use the Services, You must be at least the age of majority in the Province of Alberta (currently 18 years old) or possess legal parental or guardian consent to enter into this agreement. By creating an Account, You represent and warrant that You meet this age requirement. This aligns with the general principle that users must have the legal capacity to form a binding contract, similar to requirements noted in related service terms. The Company reserves the right to suspend or terminate Your Account if it has reason to believe You have violated these Terms, provided false information, or engaged in illegal or unauthorized use of the Site or Services.

4. Payment, Pricing & Taxes

All prices for the Services displayed on the Site are quoted in United States Dollars (USD), unless otherwise explicitly stated. You are responsible for any fees, such as currency conversion charges or foreign transaction fees, that may be imposed by Your bank or payment processor.

Payment for Services is due at the time of purchase for one-time payment programs and pre-paid bundles, or at the beginning of each billing cycle for recurring monthly subscriptions. The Company will indicate accepted payment methods at the point of sale, which may include major credit cards or other online payment systems. You agree to provide valid and current payment information and authorize the Company (or its third-party payment processor) to charge Your selected payment method for all purchased Services and applicable taxes. You are responsible for keeping Your payment information up-to-date to avoid interruption of service. Failure to make timely payments may result in the suspension or termination of Your access to the Services.

Prices listed on the Site may not include applicable taxes. You are responsible for the payment of all applicable sales taxes, including the Canadian Goods and Services Tax (GST) or Harmonized Sales Tax (HST), based on Your location and the specific rules governing the supply of digital products and services in Canada. The Company is obligated to charge and collect such taxes where required by law and will add these amounts to the purchase price. The requirement for non-resident suppliers to potentially register and collect GST/HST on digital supplies to Canadian consumers underscores the importance of this provision for legal compliance.

The Company reserves the right to change the prices for its Services at any time. For recurring subscriptions, price changes will be communicated to You in advance, typically via email or a notice on the Site, providing You with an opportunity to cancel Your subscription before the new price takes effect, as further detailed in Section 14 (Modification of Terms).

5. Subscription, Cancellation & Refunds

The terms for subscription, cancellation, and refunds vary depending on the specific Service purchased. These policies are designed to be transparent, aligning with consumer protection principles that require clarity in contract terms. The following outlines the specific rules applicable to each primary offering, based on information from the Site and user-provided requirements:

  • 5.1 Elite English Plan (Monthly Subscription):

  • This plan is billed monthly in advance on a recurring basis.

  • Your subscription will automatically renew each month unless cancelled in accordance with these terms.

  • Cancellation: To cancel Your monthly subscription, You must provide the Company with at least thirty (30) days' advance written notice prior to Your next scheduled billing date. Notice must be submitted through the designated method specified by the Company through Your Account portal. Cancellation will take effect at the end of the billing cycle following the 30-day notice period. No refunds or credits will be issued for partial months of service already paid for.

  • 5.2 Elite English Plan (Pre-paid Bundles - 3, 6, 12 months):

  • These plans require full payment upfront for the entire duration of the selected bundle term (3, 6, or 12 months).

  • Cancellation & Refunds: These pre-paid bundles are cancellable, meaning You may request to stop accessing the service before the end of the term. However, they are strictly non-refundable. Once payment is made, no refunds, whether full or partial, will be provided for any reason, including early cancellation or non-use of the service.

  • 5.3 Elite Skills Program:

  • This program is purchased via a one-time payment.

  • Cancellation & Refunds: Access to the Elite Skills Program is cancellable but strictly non-refundable. Once purchased, no refunds will be issued, regardless of whether the services have been utilized.

  • 5.4 Ultra Elite Bundle:

  • This bundle is purchased via a one-time payment.

  • It combines the 12-month Elite English Program bundle and the Elite Skills Program. As both constituent components are non-refundable according to the policies above, the Ultra Elite Bundle is likewise cancellable but strictly non-refundable. No refunds will be provided for this bundle purchase under any circumstances.

Summary Table of Product Terms

For enhanced clarity, the key commercial terms for each product are summarized below:

Product Name

Payment Structure

Cancellation Policy

Refund Policy

Usage Limit

Transferable/Resellable

Elite English (Monthly)

Monthly Recurring

Requires 30-day advance notice

No refunds for partial months

None specified

No

Elite English (3-Month Bundle)

Pre-paid Upfront

Cancellable

Strictly Non-refundable

Term of bundle

No

Elite English (6-Month Bundle)

Pre-paid Upfront

Cancellable

Strictly Non-refundable

Term of bundle

No

Elite English (12-Month Bundle)

Pre-paid Upfront

Cancellable

Strictly Non-refundable

Term of bundle

No

Elite Skills Program

One-time Payment

Cancellable

Strictly Non-refundable

Must use within 4 years of purchase

Strictly No

Ultra Elite Bundle

One-time Payment

Cancellable

Strictly Non-refundable

English: 12 months; Skills: 4 years

Strictly No

The Company reserves the right, at its sole discretion, to terminate or suspend Your access to any Service immediately and without notice for any breach of these Terms, as detailed in Section 13 (Termination). Such termination by the Company does not entitle You to any refund, particularly for services designated as non-refundable.

6. Elite Skills Program - Specific Conditions

In addition to the general terms, the Elite Skills Program is subject to the following specific conditions, which You explicitly agree to upon purchase:

  • Non-Refundable: As stated in Section 5.3 and the summary table, the Elite Skills Program fee is strictly non-refundable upon payment.

  • Usage Limitation: All services, consultations, reports, and support included as part of the Elite Skills Program must be fully utilized by You within four (4) years from the original date of purchase. Any component services not accessed or completed within this four-year timeframe will automatically expire and be forfeited. No refunds, credits, or extensions will be granted for expired services. Defining this usage window from the date of purchase provides necessary clarity.

  • Non-Transferability: Your access to the Elite Skills Program and all its associated services is strictly personal to You, the original purchaser. The program, its components, and any related access credentials cannot be transferred, assigned, sold, gifted, shared, leased, or otherwise conveyed to any other individual or entity under any circumstances. This restriction is essential to protect the integrity and value of the personalized services offered. Attempting to transfer access constitutes a material breach of these Terms and may result in immediate termination without refund. Similar non-transferability clauses are common in educational service agreements.

7. Third-Party Services & Terms (EnGen)

You acknowledge and agree that the Elite English Program (whether purchased standalone or as part of the Ultra Elite Bundle) is delivered using an online learning platform and associated services provided by EnGen, LLC or its affiliates ("EnGen"), a third-party provider ("Third-Party Platform").

  • Mandatory Acceptance of Third-Party Terms: Your access to and use of the English language course components provided via the EnGen platform is conditional upon Your acceptance of and compliance with EnGen's own Terms of Use, which are available at https://getengen.com/terms (the "Third-Party Terms"). By purchasing the Elite English Program or the Ultra Elite Bundle, You explicitly agree that You must separately review and agree to these Third-Party Terms. Failure to accept or comply with the Third-Party Terms may prevent Your access to the English course components, for which the Company shall bear no responsibility or liability. EnGen's terms cover important aspects such as user conduct, intellectual property, liability limitations, and privacy practices specific to their platform.

  • Disclaimer of Responsibility and Liability: The Company facilitates Your access to the EnGen platform as part of the Elite English Program but does not own, operate, or control the Third-Party Platform itself. Therefore, the Company expressly disclaims any responsibility or liability for the EnGen platform's performance, availability, accuracy, security, content, features, or functionality. Any issues, claims, or disputes arising solely from the operation of the EnGen platform or relating to the interpretation or enforcement of the Third-Party Terms are matters between You and EnGen. Furthermore, to the maximum extent permitted by law, the Company disclaims all liability for any loss, damage, or harm (whether direct, indirect, consequential, or otherwise) that You may suffer as a result of Your use of the EnGen platform, Your reliance on its content, or Your acceptance of the Third-Party Terms. This clear separation of responsibilities is crucial for managing risks associated with reliance on external service providers.

8. Intellectual Property Rights

  • Company Ownership: All materials and content available on the Site and within the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, curriculum, course materials (specifically those developed by the Company for the Elite Skills Program), design, structure, and arrangement (collectively, the "Company Content"), are the exclusive property of the Company or its content suppliers and licensors. This Company Content is protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Asserting ownership clearly is fundamental to protecting these valuable assets.

  • EnGen Intellectual Property: You acknowledge that the EnGen platform, its underlying technology, and all content provided through it as part of the Elite English Program are the intellectual property of EnGen or its licensors, and are governed exclusively by the Third-Party Terms.

  • Limited License to User: Subject to Your compliance with these Terms and payment of applicable fees, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and the specific Services You have purchased, solely for Your personal, non-commercial, educational purposes. This license is strictly limited to the intended use of the Services and does not grant You any ownership rights in the Company Content.

  • Usage Restrictions: Except as expressly permitted by this limited license, You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, sell, lease, reverse engineer, decompile, disassemble, or otherwise exploit any portion of the Site, Services, or Company Content without the prior express written consent of the Company. You are also prohibited from removing, altering, or obscuring any copyright, trademark, or other proprietary rights notices affixed to or contained within the Company Content or Services. Unauthorized use may lead to termination of Your access and potential legal action for infringement. Canadian law provides remedies for IP infringement.

  • Trademarks: The names "Elite Skills Canada," the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

  • User Content: If the Site or Services permit You to post, upload, submit, or otherwise transmit content (e.g., forum posts, reviews, comments) ("User Content"), You retain ownership of any intellectual property rights that You hold in that User Content. However, by submitting User Content, You grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, promoting, and improving the Services. This is a standard practice for platforms hosting user contributions, similar to provisions found elsewhere. You represent and warrant that You have all necessary rights to grant this license for any User Content You submit.

9. User Conduct & Prohibited Uses

You agree to use the Site and Services solely for lawful purposes and in a manner consistent with these Terms and all applicable local, provincial, national, and international laws and regulations. Your use must not infringe upon the rights of others or restrict or inhibit anyone else's use and enjoyment of the Site or Services. Maintaining a respectful and lawful environment is crucial for the platform's integrity.

Specifically, You agree not to engage in any of the following prohibited activities:

  • Violating any applicable statute, regulation, ordinance, or law.

  • Infringing upon or violating the intellectual property rights of the Company, EnGen, or any third party, including copyright, trademark, patent, or trade secret rights.

  • Posting, uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

  • Harassing, abusing, stalking, threatening, defaming, or otherwise harming any other user or personnel of the Company.

  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity.

  • Attempting to gain unauthorized access to the Site, the Services, other users' Accounts, or any computer systems, servers, or networks connected to the Site or Services through hacking, password mining, or any other means.

  • Introducing viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or engaging in any activity that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site or Services, including their ability to engage in real-time activities. This includes using automated means like robots or spiders to access the Site for any purpose without express written permission, or imposing an unreasonable load on infrastructure.

  • Using the Site or Services for any commercial solicitation, advertising, spamming, sending unsolicited messages, or engaging in pyramid schemes or similar fraudulent activities without the Company's prior written consent.

  • Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying ideas or algorithms of any part of the Site or Services, except to the limited extent applicable laws specifically prohibit such restriction.

  • Collecting or harvesting any personally identifiable information, including account names or email addresses, from the Site or Services for any purpose prohibited by these Terms or the Privacy Policy.

  • Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services.

The Company reserves the right, but does not assume the obligation, to monitor user activity and investigate any alleged violations of these Terms. The Company may take appropriate action, in its sole discretion, including but not limited to issuing warnings, suspending or terminating Your Account, removing prohibited content, and/or reporting illegal activities to law enforcement authorities. Platforms may be held liable for certain third-party content if they have knowledge and control but fail to act, making robust conduct rules and enforcement mechanisms important.

10. Privacy Policy

The Company is committed to protecting Your privacy. Your submission of personal information through the Site and Services is governed by our Privacy Policy, which is hereby incorporated by reference into these Terms. 

The Privacy Policy explains what personal information we collect from You, how we use, store, protect, and disclose that information, and Your rights regarding Your personal information under applicable privacy legislation, including Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and Alberta's Personal Information Protection Act (PIPA). Having a clear, accessible, and compliant Privacy Policy is a legal requirement for organizations collecting personal information in Canada and is essential for building user trust. You are strongly encouraged to review the Privacy Policy carefully to understand our practices before providing any personal information.

11. Disclaimers

THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE THE COMPANY STRIVES TO PROVIDE A HIGH-QUALITY SERVICE, UNINTERRUPTED ACCESS CANNOT BE GUARANTEED, AND PERIODIC MAINTENANCE OR UNFORESEEN TECHNICAL ISSUES MAY CAUSE TEMPORARY DISRUPTIONS.

SPECIFICALLY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LIKELIHOOD OF SUCCESS IN ACHIEVING ANY PARTICULAR LEARNING OUTCOME, PASSING ANY EXAMINATION (E.G., IELTS, TOEFL), OBTAINING EMPLOYMENT, ACHIEVING CAREER ADVANCEMENT, OR SUCCEEDING IN ANY IMMIGRATION PROCESS AS A RESULT OF USING THE SERVICES. ANY STATEMENTS REGARDING POTENTIAL OUTCOMES ARE EXPRESSIONS OF OPINION OR EXAMPLES ONLY AND DO NOT CONSTITUTE A GUARANTEE. YOUR SUCCESS DEPENDS ON NUMEROUS FACTORS BEYOND THE COMPANY'S CONTROL, INCLUDING YOUR OWN EFFORT, BACKGROUND, AND EXTERNAL MARKET CONDITIONS.

THE COMPANY DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, SERVICES, OR WEBSITES ACCESSIBLE THROUGH LINKS ON THE SITE, INCLUDING BUT NOT LIMITED TO THE ENGEN PLATFORM AND ITS CONTENT. YOUR USE OF THIRD-PARTY SERVICES AND WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF THOSE THIRD PARTIES.

12. Limitation of Liability & Indemnification

  • Limitation of Liability:
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN THE PROVINCE OF ALBERTA AND CANADA, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES (COLLECTIVELY, "COMPANY PARTIES"), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, ANY CONDUCT OR CONTENT OF ANY THIRD PARTY (INCLUDING ENGEN) ON THE SERVICES, ANY CONTENT OBTAINED FROM THE SERVICES, OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    SOME JURISDICTIONS, INCLUDING POSSIBLY ALBERTA IN CERTAIN CONSUMER PROTECTION CONTEXTS, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIABILITY ARISING FROM NEGLIGENCE OR BREACH OF A FUNDAMENTAL TERM OF THE CONTRACT. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. THE LIABILITY LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WHERE LIABILITY CANNOT BE FULLY EXCLUDED, THE COMPANY PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00). THIS LIMITATION APPLIES EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Clauses attempting to arbitrarily limit damages or exclude liability for core obligations face scrutiny under Canadian law, hence the careful wording and acknowledgment of legal constraints.

  • Indemnification:
    You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable legal fees and disbursements, arising out of or in any way connected with: (a) Your access to or use of the Site or Services; (b) Your breach or violation of any provision of these Terms; (c) Your violation of any applicable law or regulation; or (d) Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or rights related to third-party content or platforms like EnGen. The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, and You agree to cooperate with the Company's defense of these claims.

13. Termination

The Company reserves the right, in its sole discretion, to suspend, restrict, or terminate Your Account and Your access to all or any part of the Site and Services at any time, for any reason or no reason, including, without limitation, if the Company believes that You have breached these Terms, without prior notice or liability. Such termination may result in the forfeiture and destruction of all information associated with Your Account.

You may terminate Your Account and cease using the Services at any time by following the instructions on the Site or contacting the Company. Please note that termination of Your Account by You does not relieve You of any outstanding payment obligations and is subject to the cancellation and refund policies detailed in Section 5. Specifically, termination does not entitle You to refunds for non-refundable Services already paid for.

Upon termination of Your Account for any reason, Your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (Section 8), warranty disclaimers (Section 11), indemnity (Section 12), limitations of liability (Section 12), governing law (Section 15), dispute resolution (Section 16), and general provisions (Section 17).

14. Modification of Terms

The Company reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time. If a revision is material, the Company will make reasonable efforts to provide notice prior to the new terms taking effect. What constitutes a material change will be determined at the Company's sole discretion. Notification methods may include posting the revised Terms on the Site with an updated "Effective Date," sending an email to the address associated with Your Account, or other means deemed appropriate by the Company.

By continuing to access or use the Site or Services after any revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, You must stop using the Site and Services and terminate Your Account. It is Your responsibility to review these Terms periodically for changes. This process allows the Company necessary flexibility while aiming for transparency regarding changes to the governing agreement.

15. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

You irrevocably agree that the courts located in the City of Edmonton, in the Province of Alberta, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts. Selecting a specific jurisdiction provides legal certainty for both parties.

16. Dispute Resolution

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") through good faith negotiation. You agree to first contact the Company directly at the contact information provided in Section 17 to describe the Dispute and seek resolution.

If the Dispute cannot be resolved through informal negotiation within sixty (60) days of the initial notification, either party may pursue remedies available under applicable law, consistent with Section 15 (Governing Law & Jurisdiction).

17. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or terms published by the Company on the Site (including the mandatory acceptance of Third-Party Terms for the Elite English Program as described in Section 7), shall constitute the entire agreement between You and the Company concerning the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

  • Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  • Waiver: No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

  • Assignment: You may not assign or transfer Your rights or obligations under these Terms, including Your Account access (and specifically access to the non-transferable Elite Skills Program as per Section 6), without the prior written consent of the Company. Any attempted assignment or transfer in violation of this provision will be null and void. The Company may assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction or notification to You.

  • Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by the Company (i) via email (to the address that You provide with Your Account) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Notices to the Company must be sent to: info@eliteskillscanada.com.

  • Language: The parties have expressly requested and required that these Terms and all related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces Conditions d'utilisation et tous les documents qui s'y rapportent soient rédigés en anglais.

  • Headings: The section headings used in these Terms are for convenience only and shall not limit or otherwise affect the interpretation of these Terms.

  • Contact Information: If You have any questions about these Terms, please contact the Company at: info@eliteskillscanada.com.

Conclusion

These Terms of Service establish the legal framework governing the use of Elite Skills Canada's Site and Services. They incorporate specific business rules regarding product subscriptions, cancellations, refunds, usage limitations, and non-transferability, alongside mandatory requirements concerning third-party platforms like EnGen. Standard legal clauses covering intellectual property, user conduct, privacy, disclaimers, liability limitations, governing law, and dispute resolution have been included, tailored to reflect considerations under Canadian and Albertan law. Adherence to these Terms is essential for all users to ensure a clear understanding of rights and obligations, manage expectations, and mitigate potential disputes. Users are urged to review these Terms and the incorporated Privacy Policy carefully before using the Services.