TERMS & CONDITIONS

LAST UPDATED 06 Oct 2020

PURPOSE

The purpose of the Terms and Conditions is to help you understand how CoderCookies Inc functions and how the user (“you”) may use the services provided by Coder Cookies Inc. Please ensure that you have read the TERMS AND CONDITIONS and our PRIVACY POLICY prior to using the website and any other services provided by Coder Cookies Inc.

Upon using this website or any other services provided by Coder Cookies Inc., you acknowledge that you have read the TERMS AND CONDITIONS as set out herein and that you understand, agree to and accept all the TERMS AND CONDITIONS contained herein.

 

GENERAL TERMS

  1. CoderCookies Inc. is a platform that connects users who provide tutoring servicers related to coding and other subjects (“Tutors”) to users seeking those services (“Clients”) and to any other entity on whose behalf users accept these Terms (all referred to as “you”).
  2. These Terms are entered into by and between Coder Cookies Inc. and you.
  3. You accept the terms by: (1) contracting for tutoring courses via this website; (2) using the site in any other manner; (3) using any other services provided by Coder Cookies Inc. and/or (4) acknowledging agreement with these Terms.

NOTE: If you do not agree to these Terms, please do not use this website or any other services provided by CoderCookies Inc.

  1. To the extent that anything in or associated with the website or any services provided by CoderCookies Inc. is in conflict or inconsistent with these Terms, the Terms shall dominate.
  2. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

SERVICE

  1. The website is used for marketing, branding, collection of customer information and online fee payment.
  2. Upon using this website or any other services provided by CoderCookies, you acknowledge that uses a multitude of open-source tools and software to provide services to you.
  3. CoderCookies Inc. offers a marketplace for tutors to connect with clients. All Tutors offer their services to CoderCookies Inc. as independent contractors and as such control the methods, materials and all aspects of their lessons.
  4. CoderCookies also conducts in person sessions for its clients and clients agree to participate in these sessions.
  5. All tutoring sessions should be supervised by a responsible adult or legal guardian, 18 or older.
  6. CoderCookies Inc. controls and operates it site and services from various locations and makes no representation that its website and services are appropriate or available for use in all locations. It is up to the you to determine if CoderCookies Inc. website and services are available in your location.
  7. CoderCookies Inc. reserves the right to cancel or modify any classes or programs.
  8. CoderCookies Inc. reserves the right to merge and/or transfer all data acquired from you via CoderCookies Inc. website and services to any new website or company incorporated by CoderCookies. For further clarity, CoderCookies Inc. reserves the right to transfer all data acquired from you via the use of CoderCookies Inc. website and services to any 3rd party in the event of a merger or acquisition of CoderCookies Inc.
  9. CoderCookies Inc. does not claim ownership of the content that you place on the site and shall have no obligation of any kind with respect to such content. Unless otherwise stated herein, any content that you provide in connection with this website or any services provided by CoderCookies Inc. shall be deemed to be provided on a non-confidential basis. CoderCookies Inc. shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant CoderCookies Inc. an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among CoderCookies Inc, its affiliates, and third-party providers of any information that you may provide on the Site.
  10. CoderCookies cannot guarantee the following: that the content or other information provided through its website and services will always be accurate or up-to-date or error-free.
  11. You understand and agree to abide by CoderCookies Inc. tutor and client payment policies. You agree that you are willing to pay all costs through CoderCookies Inc. These costs include but are not limited to:
    1. hourly rate or package rates as listed
    2. cancellation fees as described and
    3. the commission arrangement between the tutor and CoderCookies Inc.

FEES

  1. CoderCookies collects fees online or via e-transfer every 4 weeks on a upfront basis.
  2. CoderCookies follows the Cancellation Policy set out below
    1. If cancelled before the 1st class – $25.00 CAD processing fee is charged
    2. If cancelled after 2 classes – Prorated fees for 2 classes and $25.00 processing fee is charged
    3. If cancelled after 3 or more classes – No refunds

 

CLIENT OBLIGATIONS AND CONDUCT

  1. In consideration of your use of this website and any other services provided by CoderCookies Inc, you agree:
    1. that you are of legal age and have capacity to agree to these Terms;
    2. to provide accurate, current, and complete information on your account about you as may be prompted by a registration form on the website (“Client Account”);
    3. to maintain the security of your password and identification;
    4. to maintain and promptly update the Client Account and any information you provide to CoderCookies Inc., to keep it accurate, current and complete; and
    5. to accept all risks of unauthorized access to information and Client Account.
  2. You are entirely responsible for all the content that you provide, upload, post, or otherwise transmit through your use of this site or any other services provided by Coder Cookies Inc. You agree not to upload, post or otherwise transmit content that:
    1. is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to CoderCookies Inc. or other users of the website or any other services provided by CoderCookies Inc;
    2. includes unauthorized disclosure of personal information;
    3. violates or infringes anyone’s intellectual property rights; or
    4. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

CoderCookies Inc. reserves the right to edit or remove content that violates these Terms, that contains third-party commercial advertisements or for any other reason it deems necessary.

  1. You agree to use the site and any other services provided by CoderCookies Inc. in a manner that is lawful, relevant and proper to the applicable forum. Any use of the site or services provided by CoderCookes Inc. that CoderCookies Inc., in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a user with or without notice.
  2. By using the site and any other services provided by CoderCookies Inc., you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site and any other services provided by CoderCookies Inc:
    1. you have and will at all times comply with all laws and regulations;
    2. you have the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use;
  3. By using the site and any other services provided by CoderCookies Inc, you understand and agree that CoderCookies Inc. may rely on the above Eligibility Conditions representations and warranties as true.
  4. You understand and agree that CoderCookies Inc. may revise the Eligibility Conditions from time to time and require new conditions and certifications and that user will abide by such revised Eligibility Conditions or discontinue using the site and any other services provided by CoderCookies Inc. You hereby authorize CoderCookies Inc. to verify the above representations and warranties by you and you acknowledge and agree that CoderCookies Inc. shall have the right, but not the obligation, to verify such representations and warranties.
  5. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure to accomplish such verification. You further agree that CoderCookies Inc. may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the site and any other services provided by CoderCookies Inc, should it determine that you have violated any representation or warranty.
  6. The preceding paragraph notwithstanding, you understand and agree CoderCookies Inc. does not conduct background checks of any user. You also understand and agree CoderCookies Inc. neither confirms nor denies the validity of information provided by users and that CoderCookies Inc. does not verify that any or all of the Eligibility Conditions are met by users. You understand and agree to make your own decisions and assessments about persons to engage and that: ‘It is your sole responsibility to conduct any and all background/reference checks regarding any users on this platform.’
  7. You expressly undertake to release CoderCookies Inc. from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to
    1. any inaccuracy, untimeliness or incompleteness regarding a user’s Eligibility Conditions and/or
    2. misstatements or misrepresentations made by any user.

3RD PARTIES

  1. CoderCookies Inc. may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”).
  2. CoderCookies Inc. does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. CoderCookies does not independently verify information in the consumer reports.
  3. You hereby consent to CoderCookies collecting, using and disclosing the information in the consumer reports. You understand and agree that CoderCookies may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a user or to investigate a complaint about a user, but that CoderCookies Inc. shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any user, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. CoderCookies Inc. reserves the right to suspend and/or terminate user based on information in the consumer reports or for any other reason in CoderCookies Inc. sole discretion.
  4. CoderCookies Inc. may make available one or more third party verification services that enable users of the Site to inquire about information including, but not limited to, another user’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that CoderCookies Inc. shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate.
  5. CoderCookies Inc. utilizes and uses a multitude of open-source tools and software to provide services to you. CoderCookies Inc. does not endorse and make any representations or warranties regarding the reliability, accuracy or functionality of such open-source tools and software.
  6. You hereby consent that CoderCookies Inc. shall not be responsible or liable in any way for any open-source tool or software used by CoderCookies Inc. in relation to its reliability, accuracy, or functionality. For further clarity, Coder Cookies Inc. will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance of any open-source tools or software used by CoderCookies Inc. Should any open-source tool or software cause any issues due to its usage, users may contact the service provides directly to dispute any issues that arise.

 

CONFIDENTIALITY

  1. You may obtain direct access via the Site and any other services provided by CoderCookies Inc. to certain confidential information of CoderCookies Inc. and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with CoderCookies Inc. and its affiliates.

MARKETING AND PROMOTIONS

  1. CoderCookies Inc. may run ads and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than CoderCookies Inc, found on or through the site and any other services provided by CoderCookies Inc, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. CoderCookies Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-CoderCookies Inc advertisers on the site.
  2. You may find links to other websites or resources on the Site and any other services provided by CoderCookies Inc. You acknowledge and agree that CoderCookies Inc. is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Coder Cookies Inc. will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
  3. CoderCookies Inc. may take photos and/or videos for promotional purposes whether online or in-person. For further clarification, you understand that CoderCookies Inc may use any photographs, videos or testimonials taken of you while using the services provided by CoderCookies Inc on CoderCookies Inc’s website, flyers, brochures and other advertisements and you agree not to hold CoderCookies Inc liable for any injury, damages or negligence claims associated with the images.

INTELLECTUAL PROPERTY RIGHTS

  1. Except as expressly authorized by CoderCookies Inc. or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software CoderCookies discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
  2. “CoderCookies Inc. Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations CoderCookies Inc. uses in connection with its products and services. You may not remove or alter any CoderCookies Inc. Trademarks, or co-brand your own products or material with CoderCookies Inc. Trademarks, without its prior written consent. You acknowledge CoderCookies Inc. ‘s rights in CoderCookies Inc. Trademarks and agree that any use of CoderCookies Inc. Trademarks by you shall inure to CoderCookies Inc’s sole benefit. You agree not to incorporate any CoderCookies Inc. Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
  3. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by CoderCookies Inc. on this Site provided that: (1) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (2) the use of such Content is solely for personal and non-commercial use; (3) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (4) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.

ASSUMPTION OF RISK

  1. You agree and understand that you assume all risks when using the site and any other services provided by CoderCookies Inc., including without limitation any and all of the risks associated with any online or offline interactions with other users.

LIMTATION OF LIABILITY

  1. You understand and agree that CoderCookies Inc. has no control over the acts or omissions of any user and that CoderCookies Inc. makes no representations or warranties about the quality of the services provided by any user. You understand and agree that CoderCookies Inc. is not responsible for the performance or conduct, whether online or offline, of any user of the Site and any other services provided by CoderCookies Inc. As such, CoderCookies Inc. expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site and any other services provided by CoderCookies Inc.
  2. Users of the Site and any other services provided by CoderCookies Inc transact between themselves. CoderCookies Inc. will not be involved in any user interactions. CoderCookies Inc. is not responsible for disputes, claims, loss, injury, or damage of ‘any kind’ that might arise during and after user interaction.
  3. You understand and agree that CoderCookies has no control over the acts or omissions of any user on or off the Site and any other services provided by CoderCookies Inc and that CoderCookies makes no representations or warranties about the quality of the services provided by any user. You understand and agree that CoderCookies is not responsible for the performance or conduct, whether on or off the Site, of any user. As such, CoderCookies Inc. expressly disclaims, and each User expressly releases CoderCookies Inc. from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site and any other services provided by CoderCookies Inc, including without limitation any acts and/or omissions of users on or off the Site and any other services provided by CoderCookies Inc.
  4. To the full extent permitted by law, CoderCookies Inc. is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site and any other services provided by CoderCookies Inc, even if CoderCookies Inc. has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to:
    1. the use of or the inability to use the Site and any other services provided by CoderCookies Inc;
    2. the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Site and any other services provided by CoderCookies Inc;
    3. statements or conduct of any third party on the Site and any other services provided by CoderCookies Inc, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or
    4. content or information users may download, use, modify, or distribute.

DISCLAIMER OF WARRNATIES

  1. Use of the Site and any other services provided by CoderCookies Inc is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and Content, is provided on an “as is”, “as available”, and “with all faults” basis.
  2. CoderCookies Inc. disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose.
  3. CoderCookies Inc. makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site and any other services provided by CoderCookies Inc.
  4. CoderCookies Inc. makes no warranty or representations that:
    1. the Site and any other services provided by CoderCookies Inc will be uninterrupted, timely, secure, or error-free;
    2. the results that may be obtained from the use of the website and any other services provided by CoderCookies Inc will be accurate or reliable;
    3. the quality of any products, services, Content, information, or other material purchased or obtained from tutors will meet your expectations or requirements; or
    4. any errors in the Site and any other services provided by CoderCookies Inc will be corrected.
  5. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the site, including any damages resulting from computer viruses.

TERMINATION

  1. CoderCookies Inc. reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site and any other services provided by CoderCookies Inc after termination or during suspension.

NOTICES

  1. CoderCookies Inc. may provide notice to users via email, regular mail, or posting notices or links to notices on the Site.
  2. Should you have any questions or concerns, notices can be provided by:
    1. Email: info@codercookies.com
    2. Mail: 544 Matisse Pl, Mississauga, ON, L5W 1M3

GOVERNING LAW

  1. This Terms of Use shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the Province of Ontario.

 

ENTIRE AGREEMENT

  1. These Terms constitute the entire agreement between you and CoderCookies Inc. relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use CoderCookies Inc. or third-party products or services.
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