Terms and Conditions

Introduction

CUNITECH Institute is the online learning system under the internet domain https://institute.cunitech.ca/ which you can utilize to improve your business, management, governance, and cybersecurity skills in an easy and efficient manner. CUNITECH Institute is available over your internet browser.

With your registration with the CUNITECH Institute you (hereinafter referred to as “user”) agree to these general terms and conditions of business (hereinafter referred to as “T&C”). By completing the registration, you enter into a valid contract with the provider. Please read these T&C carefully, as they make up the legal framework applying to the use of CUNITECH Institute.

The CUNITECH Institute offers paid and no cost-free courses. The content is professionally produced and ad-free. To allow for a high standard of technology and learning material, fees are necessary. However, they are not charged without explicit warning to the user. The CUNITECH Institute exclusively addresses private individuals or final consumers, so that only they may be registered.

Please take a look at the details on data protection at https://institute.cunitech.ca/privacy-policy/

Scope, Definitions

The T&C apply to all users of CUNITECH Institute, any deviating or supplementary provisions agreed upon the conclusion of the contract shall only apply if drawn up in writing. The T&C apply to all services provided by CUNITECH Institute.

Registration and Conclusion of the Contract

Bookings can be made by:– Creating a free user/student account by clicking on “Register” and entering your personal data
– Selecting the desired course by clicking on “enroll now” or “place into cart”
– Mandatory dispatch of the order by clicking on “pay”
Thus, the participant makes a binding offer to use the selected services provided by the provider.

The qualifying contract to use the services provided by the provider is only valid when receiving the confirmation email. This email contains the information that the account was set up and the required credentials and a link for the booked course via which the subscriber can log on to the console and start taking the course. The customer must immediately inform any shortcomings and mistakes of the services.

The Provider reserves the right to not accept a booking without giving reasons. If the provider does not accept a booking, this will be communicated to the affected users immediately by email. Bookings are limited to the specific course offering and do not entitle you to other courses or an extension of access.

Contractual partner of the participant:
CUNITECH, Inc.
78 George St. Suite 204 Ottawa,
Ontario, K1N 5W1,
Canada

The use of all these services is a matter reserved to the participant. A transfer of the credentials, the access or the content is expressly prohibited.

Prices and Services

The costs of a course are specified in the course descriptions. A partial use of the online training does not grant a reduction of fees. The prices include the use of the course portal, viewing of the course content, taking the course exams, and receiving a digital course certificate (PDF-file).

Payment Methods

Usage fees for services are payable in advance.  The user may affect payment by using one of the payment methods specified such as a credit card or PayPal.

Billing takes place digitally, a paper billing will not occur. With the conclusion of the contract, the user will receive a check. The invoice is sent to the address or email that was typed in as part of the online registration form or the account used in the payment service.

Rules of Use and Liability of the User

The user is obliged to make truthful information when registering. The user account on https://institute.cunitech.ca/ applies only to the respective user and is not transferable. Username and password (login), identify the user and may be used only by the user. The user is responsible for ensuring that third parties having no knowledge of his password. The provider reserves the right to terminate the user’s account in case of suspicion of misuse or may cancel the access to the portal.

The User is responsible for all acts of the user account. The Provider reserves the right, if necessary, to claim the revenue loss caused by the damage.

Content and Accessibility of the Study Portal and Liability

The provider strives to ensure that the portal functions properly at all times. However, the provider does not guarantee uninterrupted access.

For providing its service, the provider uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by the provider, the user must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate JavaScript able cookies and pop-ups). If older or not commonly used technologies are used, the user might only be able to make limited use of the services provided by the provider.

Claims for damage on the part of the user are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the user arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of the provider, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A “cardinal obligation” or “essential contractual obligations” are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.

In the event of infringement of essential contractual obligations, the provider shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the user arising from death or injury to body or health.

The restrictions as set forth under paragraphs 3 and 4 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted against them directly.

Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names

Unless content is expressly labeled as creative commons all texts, images and other works created by the provider and distributed within the context of the study portal are protected by copyright and any use outside of the portal requires the prior approval of the provider.

Privacy Policy

Please take a look at the details on data protection on our https://institute.cunitech.ca/privacy-policy/

Final Provisions

The Parties agree to exclude those provisions of the Canadian international civil law that may cause the exclusive application of any other jurisdiction. Should individual points of these T&C be legally invalid, the remaining portions hereof shall be unaffected and remain binding.

The provider reserves the right to modify these T&C at any time and without indicating the reason for such modification, as far as those modifications are based upon changes in the services provided by the provider, changes of the CUNITECH Institute or upon legal changes or changes due to technical requirements. This includes the provider offering new services. The modified T&C shall be sent to the user in advance by email. If the user does not object to the modified T&C within a period of six weeks, they are deemed to be accepted. If the user objects, the provider may close the user’s account and receive a refund for any the rest of the respective term. The provider shall separately point out these legal consequences in the email with the modified T&C.

CUNITECH Institute: Affiliates Terms and Conditions

General

These Terms and Conditions (the “Affiliate Agreement“) govern the Affiliate Program that is made available by https://institute.cunitech.ca/ (“CUNITECH Institute”). In addition, these Terms and Conditions represent the whole agreement and understanding between CUNITECH Institute and the individual or entity who participates in the Affiliate Program.

Please read this agreement carefully as it represents a legally binding agreement between you and CUNITECH Institute. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. CUNITECH Institute may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that CUNITECH Institute believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.

Enrolment in our Affiliate Program

To begin the enrolment process, you must submit a complete application via our site https://institute.cunitech.ca/affiliate-area/. You shall provide us with accurate and complete registration information. We will evaluate your application, and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Programme due to the content of the site in relation to our audience and subject matter.

Referral Tracking

After the enrollment, CUNITECH Institute will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to https://institute.cunitech.ca/. CUNITECH Institute will track users who have visited these Referral Links using cookies that expire after 365 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.

The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. CUNITECH Institute is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.

Affiliate Fees and Payouts

Subject to the terms and conditions of this Agreement, you will be paid a referral fee for each customer referred from your site through text links and banners on your site who successfully purchases any course on https://institute.cunitech.ca/. If it is later found that the customer’s purchase was refunded, we retain the right to withhold any payments to you resulting from that individual’s purchases. Referral fees are paid on Internet based orders only and does not apply to services other than those listed on https://institute.cunitech.ca/.

A referral will become eligible for payout (“Eligible Referral“) at the end of the next calendar month if it meets all of these criteria:

  1. The referral makes a purchase of a CUNITECH Institute online courses.
  2. The referral’s account remains active and in good standing.
  3. The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.

Failure to meet any of these criteria will permanently invalidate the referral and disqualify the referral from all possible payouts.

Payout Information

The Affiliate is entitled to 40% of fee charged to the end user before any sales taxes (when applicable), at https://institute.cunitech.ca/ for any of the CUNITECH Institute online courses or programs referral listed in the Affiliate Dashboard (“Affiliate Fee”).

All Affiliate Fee payments are payable in US Dollars only. The Affiliate is responsible for providing CUNITECH Institute with the complete and accurate information necessary to transfer the Affiliate Fee and is solely responsible for any delays in payment resulting from failure to do so. Referrals will become invalid and, any unpaid Affiliate Fees will be forfeited after 12 calendar months.

In case of activities deemed suspicious by CUNITECH Institute, CUNITECH Institute may delay the payment of Affiliate Fees for up to 6 calendar months to verify the relevant transactions. CUNITECH Institute has the right to recalculate, void, or disqualify referrals or Affiliate Fees in case of fraudulent, deceptive, or otherwise illegal activities.

Advertisements

The CUNITECH Institute hereby grants to the Affiliate a non-exclusive, non-transferable, limited license to use the CUNITECH Institute logo for the sole purpose of promoting our service within the framework of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.

The Affiliate is only permitted to display ads that contain CUNITECH Institute logos or service marks in good taste. The Affiliate may not use CUNITECH Institute logos or service marks in a manner that, in the sole judgment of CUNITECH Institute, casts CUNITECH Institute in a negative light. The Affiliate is solely responsible for its marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.

The Affiliate will not at any occasion misrepresent nor promise untruthful information just to make the deal.

CUNITECH Institute may, without notice, require the Affiliate to remove or change advertisements at CUNITECH Institute’s sole discretion.

Termination

The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving written notice of termination to the other party.

CUNITECH Institute reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that materially violates this Affiliate Agreement or for conduct that CUNITECH Institute, in its sole discretion, deems harmful to its business or third parties. Upon termination, the Affiliate will lose access to its Affiliate Dashboard and forfeit any potential or unpaid Affiliate Fees.

Nature of The Relationship

CUNITECH Institute and the Affiliate are independent contractors. Nothing in this Affiliate Agreement shall create a partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on behalf of CUNITECH Institute.

Limitation of Liability

The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. CUNITECH Institute makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program. CUNITECH Institute is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.

Modification

CUNITECH Institute may amend or modify this Affiliate Agreement at its sole discretion and at any time with or without notice. Such amendments or modifications will become effective for all Affiliates upon posting of the amended Affiliate Agreement at this web address: https://institute.cunitech.ca/affiliate-area/.  The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.

If any change is unacceptable to the Affiliate, the Affiliate may only proceed to terminate this Affiliate Agreement. If the Affiliate continues to participate in the Affiliate Program, this shall constitute binding acceptance of the changes.

Miscellaneous

The Affiliate warrants and represents that its actions and participation in the Affiliate Program will at all times comply with all applicable laws, rules, regulations, and any requirements of governmental authorities. CUNITECH Institute reserves the right to terminate the Affiliate’s participation in the Affiliate Program if CUNITECH Institute determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program violate laws, regulations, or the requirements of governmental authorities.

This Affiliate Agreement constitutes the entire agreement between CUNITECH Institute and the Affiliate. This Affiliate Agreement supersedes all other contracts or understandings between the parties and, neither party shall be bound by any representations or performances not contained in this Agreement.

All disputes arising out of this Affiliate Agreement shall be resolved exclusively by the courts of Ontario, Ottawa, Canada.

For any questions, please contact: operations@cunitech.ca

CUNITECH, Inc.
78 George St., Suite 204
Ottawa, Ontario, K1N 5W1
Canada
2021-09-19