Terms and Conditions

1. Introduction

These Terms and Conditions apply to the use of the SIMPLY ExAM website (www.simplyexam.ca) and the purchase of webinars and related services. Please read these terms carefully before using our website or purchasing our services. By using our website or purchasing our services, you agree to these Terms and Conditions. If you do not agree, please refrain from using our website and services.

2. Company Information

  • Company Name: SIMPLY ExAM
  • Address: 150 King St West - Suite 200, Toronto, Ontario, M5H 1J9, Canada
  • Phone Number: 289-637-4343
  • Email: info@simplyexam.ca

3. Definitions and Interpretation

In these Terms and Conditions, the following terms shall have the following meanings:
Account: The personal information, payment information, and credentials used by users to access paid content and/or any communication system on the website.
  • Content: Any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored on a computer that appears on or forms part of this website.
  • Facilities: Any online facilities, tools, services, or information provided through the website now or in the future.
  • Services: The services available through this website, specifically the use of the proprietary e-learning platform.
  • Payment Information: Details required for the purchase of services from this website, including but not limited to credit/debit card numbers, bank account numbers, and sort codes.
  • Premises: Our place of business located at the provided address.
  • System: Any online communications infrastructure provided through the website now or in the future, including web-based email, message boards, live chat facilities, and email links.
  • User/Users: Any third party that accesses the website and is not employed by SIMPLY ExAM and not acting in the course of their employment.
  • Website: The website you are currently using (www.simplyexam.ca) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
  • We/Us/Our: Refers to SIMPLY ExAM.

4. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

5. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

6. Intellectual Property

6.1 All content included on the website, unless uploaded by users, including text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software, is the property of SIMPLY ExAM, our affiliates, or other relevant third parties.
6.2 You may not reproduce, copy, distribute, store, or reuse material from the website unless otherwise indicated on the website or unless given express written permission by SIMPLY ExAM.

7. Third Party Intellectual Property

7.1 Unless otherwise expressly indicated, all intellectual property rights, including copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
7.2 Subject to Clause 6, you may not reproduce, copy, distribute, store, or in any other way reuse such material unless otherwise indicated on the website or unless given express written permission by the relevant manufacturer or supplier.

8. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

9. Links to Other Websites

This website may contain links to other sites. Unless expressly stated, these sites are not under the control of SIMPLY ExAM. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

10. Links to this Website

Those wishing to place a link to this website on other sites may do so only to the home page of the site (www.simplyexam.ca) without our prior permission. Deep linking (i.e., links to specific pages within the site) requires our express written permission.

11. Use of Communications Facilities

11.1 When using any system on the website, you should do so in accordance with the following rules. Failure to comply with these rules may result in your account being suspended or closed:
11.1.1 You must not use obscene or vulgar language.
11.1.2 You must not submit content that is unlawful or otherwise objectionable, including, but not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist, or racist.
11.1.3 You must not submit content that is intended to promote or incite violence.
11.1.4 It is advised that submissions are made using the English language, as we may be unable to respond to enquiries submitted in any other languages.
11.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.
11.1.6 You must not impersonate other people, particularly employees and representatives of SIMPLY ExAM and our affiliates.
11.1.7 You must not use our system for unauthorized mass communication, such as "spam" or "junk mail."
11.2 You acknowledge that SIMPLY ExAM reserves the right to monitor any and all communications made to us or using our system.
11.3 You acknowledge that SIMPLY ExAM may retain copies of any and all communications made to us or using our system.
11.4 You acknowledge that any information you send to us through our system may be modified by us in any way, and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance, and we reserve the right to reject such terms and associated information.

12. Accounts

12.1 To procure services on this website and to use certain other parts of the system, you are required to create an account containing certain personal details and payment information, which may vary based upon your use of the website.
12.2 It is recommended that you do not share your account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.
12.3 If you have reason to believe that your account details have been obtained by another person without consent, you should contact us immediately to suspend your account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be canceled up until the provision of services has commenced. In the event that an unauthorized provision commences prior to your notifying us of the unauthorized nature of the order or payment, then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
12.4 When choosing your username, you are required to adhere to the terms set out above in Clause 11. Any failure to do so could result in the suspension and/or deletion of your account.

13. Termination and Cancellation of Accounts

13.1 Either SIMPLY ExAM or you may terminate your account. If we terminate your account, you will be notified by email, and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
13.2 If we terminate your account, any current or pending orders or payments on your account will be canceled, and the provision of services will not commence.

14. Services, Pricing and Availability

14.1 While every effort has been made to ensure that all general descriptions of services available from SIMPLY ExAM correspond to the actual services that will be provided to you, we are not responsible for any variations from these descriptions, as the exact nature of the services may vary depending on your individual requirements and circumstances.
14.2 Where appropriate, you may be required to select the required plan of services.
14.3 We neither represent nor warrant that such services will be available at all times and cannot necessarily confirm availability until confirming your order. Availability indications are not provided on the website.
14.4 All pricing information on the website is correct at the time of going online. SIMPLY ExAM reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
14.5 In the event that prices are changed during the period between an order being placed for services and us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

15. Orders and Provision of Services

15.1 No part of this website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between SIMPLY ExAM and you.
15.2 Order confirmations under Clause 15.1 will be sent to you before the services begin and shall contain the following information:
15.2.1 Confirmation of the services ordered, including full details of the main characteristics of those services.
15.2.2 Fully itemized pricing for the services ordered, including, where appropriate, taxes, delivery, and other additional charges.
15.2.3 Relevant times and dates for the provision of the services.
15.2.4 User credentials and relevant information for accessing those services.
15.3 If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
15.4 Payment for the services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and on the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) and/or as indicated in the order confirmation you received.
15.5 We aim to fulfill your order within 2-3 working days or, if not, within a reasonable period following your order unless there are exceptional circumstances. If we cannot fulfill your order within a reasonable period, we will inform you at the time you place the order by a note on the relevant web page or by contacting you directly after you place your order. Time is not of the essence of the contract, which means we will aim to fulfill your order within any agreed timescales, but this is not an essential term of the contract, and we will not be liable to you if we do not do so. If the services are to begin within 14 calendar days of our acceptance of your order, at your express request, you will be required to acknowledge that your statutory cancellation rights will be affected.
15.6 SIMPLY ExAM shall use all reasonable endeavors to provide the services with reasonable skill and care, commensurate with best trade practice.
15.7 In the event that services are provided that are not in conformity with your order and thus incorrect, you should contact us immediately to inform us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
15.8 Additional terms and conditions may apply to the provision of certain services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your order.
15.9 SIMPLY ExAM provides technical support via our online support forum and/or phone. We make every effort possible to respond in a timely manner but do not guarantee a particular response time.

16. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from SIMPLY ExAM. If you need to speak to us about an order or service, or would like any advice, please contact our Customer Support team by:
Email: info@simplyexam.ca
Phone: 289-637-4343

17. Additional Terms for Webinars

17.1 The purchase of webinar attendance is for use by the purchaser only, and registration information should not be forwarded to third parties. Doing so may hinder your own access, as webinar entry is by prior registration only.
17.2 Similarly, the materials and replay of webinars are for use by the purchaser only and should not be forwarded and/or shared with third parties.
17.3 Responsibility for the confidentiality and security of webinar registration information and event materials issued by SIMPLY ExAM lies with the registrant. If you believe that a third party has obtained details in an unauthorized manner, please promptly notify us via email at info@simplyexam.ca.
17.4 SIMPLY ExAM reserves the right to revoke access to the webinars and/or recordings if suspicious IP activities occur by any purchaser caused by sharing access with third parties.

18. Fees and Refund Policy

18.1 The course fees are not refundable with no exceptions.
18.2 The courses could be accessed for one (1) calendar year from the date of purchase.

19. Privacy Policy

We respect your privacy and ensure that personal information is handled safely and securely. You can read our Privacy Policy on our website for further details on how your information will be used.

20. Disclaimers

We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate. We make no guarantee of any specific results from the use of our services.

21. Liability

21.1 To the fullest extent permissible by law, SIMPLY ExAM accepts no liability for any loss or damage of any kind, however arising, even if foreseeable. This includes any direct, indirect, consequential, special, or exemplary damages, arising from the use of our website or any information contained therein. You understand and agree that the use of our services is at your own risk.
21.2 Nothing in these Terms and Conditions excludes or restricts SIMPLY ExAM's liability for death or personal injury resulting from any negligence or fraud on the part of SIMPLY ExAM.

22. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

23. Availability of the Website

  • 19.1 The Website is provided “as is” and on an “as available” basis. SIMPLY ExAM uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

24. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

25. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and SIMPLY ExAM.

26. Communications

25.1 All notices/complaints/demands to be made to us should be sent to the contact details provided on the "Contact Us" page on our website.
25.2 We may from time to time send you information about our products and/or services. If you do not wish to receive such information, please notify us using the "Contact Us" details.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and SIMPLY ExAM shall be governed by and construed in accordance with the Law of Canada, and SIMPLY ExAM and you agree to submit to the exclusive jurisdiction of the Courts of Canada

26. Law and Jurisdiction

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between the parties and supersede any prior understanding or agreements (written or oral).
For any inquiries or concerns, please contact us at:
Company Name:
Address: 150 King St West - Suite 200, Toronto, Ontario, M5H 1J9, Canada
Phone Number: 289-637-4343
Email: info@simplyexam.ca
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