Spirit of Math Schools Inc., together with its subsidiaries and affiliates (hereinafter referred to as “us”, “we” and/or “Spirit of Math”) welcomes you to the Spirit of Math, Spirit of English, Spirit of Technology, Spirit of Development and Releasing the Genius registration site, sirs.spiritofmath.com, Jumbula Site, Brightspace and any other platform (the “Site”), which offers schools, educators, parents and students an enrichment program which may include online educational content, the ability to register for classes, and/or to purchase access to premium content (each an “Order”), as well as other materials, programs, or services that we may choose to offer from time to time (together with the Site, the “Services”).
2. Registration and Account Security
Certain features and/or portions of the Services are password-protected and require you to complete a registration process and create an account (“Account”) in order to obtain access and/or participate. When registering with us to use any such features and/or portions of the Services, you agree: (i) that you will provide complete and accurate information about yourself, and if applicable, the student for whom you are registering; and (ii) to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Services, or any such features or portions of the Services.
It is your responsibility to keep the password provided to you and or created by you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at https://sirs.microsoftcrmportals.com/create-support-ticket/.
We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user Account. To register and make full use of the Services you must have an internet enabled device such as a laptop/mobile phone/tablet with a browser with cookies enabled and speakers for audio/video content. You are responsible for any internet or data charges you incur. Consult your carrier for details.
3. Our Intellectual Property Rights in the Services and the Content
The Services consist of various graphics, texts, videos, educational materials and tools, math problems, questions, answers, and tests, programs, tests, icons and buttons that have been provided by Spirit of Math and/or other entities under our direction (e.g. designers). All such content is owned by Spirit of Math and/or the applicable third party entity. For greater certainty, Spirit of Math and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Services, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Content”).
You hereby acknowledge that the Content is protected by all copyright, trademark, and other applicable intellectual property laws. Your use of the Services does not grant or transfer to you any ownership or other rights in the Content, and except as expressly provided, nothing herein or within the Services shall be construed as conferring on you or any other person any license under any of Spirit of Math or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Content in any manner whatsoever. Any rights not expressly granted to you in these Terms are expressly reserved by Spirit of Math. For greater certainty, you agree that you will not take any action that is inconsistent with Spirit of Math ownership of the Services and/or Spirit of Math ownership of, or any third party’s ownership of, any Content. Without limiting the generality of the foregoing, users of these Services shall be entitled to use Content contained within this Site only for their own personal and non-commercial use, but may not republish or reproduce any such Content in any manner without the prior written consent of Spirit of Math.
Spirit of Math hereby grants each user of this Site a limited, non-exclusive and revocable license to make personal and non-commercial use of the Site and its Content in accordance with any access limitations (such as a Subscription) described on the Site. For greater certainty, this limited license only allows you to use, view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trademark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Site or the Services.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site or the Services may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trademarks”) of Spirit of Math or other entities. Trademarks may be registered in Canada and in other countries as applicable. All Trademarks not owned by Spirit of Math are the property of their respective owners, and, where used by Spirit of Math are used under license or with permission. All Trademarks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trademark(s). You agree that you will not take any actions inconsistent with Spirit of Math ownership of, or any third party’s ownership of, the Trademarks.
4. Online Payment
- You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Taxes may depend on your location.
- Payments are processed by a third party service provider and Spirit of Math does not collect your financial information. Spirit of Math will only charge you the invoiced amount on the invoice presented to you, but your financial institution may charge you a service charge or other bank fees.
- All Orders made through the Site are subject to the terms and conditions of this Agreement, as well as any other applicable terms and conditions outlined on the Site relating to the Order. Pricing and other terms and conditions relating to the purchase, return, or refund of your Order may be changed at any time without notice.
- You have a legal obligation to pay for any Orders indicated to be made by you. In order to complete an Order through the Site, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order. By completing an Order, you are agreeing to pay, in full, the prices and all applicable taxes and specified other fees in relation to your Order, either by credit card or other permitted payment method. Unless otherwise indicated, all dollar amounts on the website are in the currency of your jurisdiction of residence.
- Spirit of Math reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your Order/Subscription is not received and verified by us, your Order/Subscription will not be processed. If you do not complete or improperly complete your Order/Subscription it may not be accepted or acknowledged.
- As Registrations and Subscriptions are electronic, there is no delivery or shipping associated with them. Once your Order/Subscription is verified and payment is processed, you may access your Registrations or Subscription through the Site using any compatible internet enabled device, such as a computer, laptop, or tablet.
- To use the Site and the Services, you must have access to the internet. Users are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
5. Our Rights regarding Orders and Subscriptions
Without limiting the generality of any other section of this Agreement, Spirit of Math reserves the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order with or without notice. These restrictions may include Orders placed by or under the same Account, the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to allow purchases from certain addresses or geographic locations. In the event that we are unable to or choose not to accept an Order, you will be notified accordingly and the amount item charged in relation to your Order will be reduced accordingly.
Spirit of Math also reserves the right at its sole discretion, to prohibit sales to distributors or resellers.
All Orders are subject to verification by Spirit of Math at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Spirit of Math): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this Agreement. In order to help protect you and Spirit of Math from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform an address verification.
At any time, Spirit of Math may make promotional offers on certain products, services, days, or portions of any day. We may also offer contests or sweepstakes in association with the Services. Spirit of Math may make such promotional offers to all users, or any subset of them, in its sole and absolute discretion. These Terms shall apply to such offers, along with any additional terms and conditions, rules and eligibility criteria that accompany the offer, unless you are notified otherwise.
Without limiting any other provision(s) of this Agreement, you acknowledge and agree that Spirit of Math has no obligation whatsoever under this Agreement or otherwise to correct any defects or errors in the Site of Services, or any component of a Services (including, without limitation, the Content), regardless of whether you inform Spirit of Math of such defects or errors or Spirit of Math otherwise is, or becomes aware of, such defects or errors.
8. Code of Conduct
Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (the “User Content”).
- You hereby agree that you shall not use the Site to upload, post, communicate or otherwise submit or transmit through, or to, the Site any User Content that:
- may, in the sole and absolute discretion of Spirit of Math, degrade, disparage, tarnish or deprecate Spirit of Math and/or the public image or standing in the community of Spirit of Math provided it is understood that this shall not be interpreted to prohibit you from expressing your true and honest experience with Spirit of Math or its services or products in a manner prohibited under applicable law;
- is deemed, in the sole and absolute discretion of Spirit of Math, to be defamatory, trade libelous, pornographic or obscene;
- contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
- infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
- contains any viruses, trojan horses, time bombs, 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; and/or
- contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.
- You hereby agree that you shall not use the Site or the Services to:
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site or Services;
- use, copy, modify, download or transfer the Site or Services or any component of the Site or Services (including, without limitation, the Content), in whole or in part, except as expressly provided in this Agreement;
- (i) reverse engineer, disassemble, decompile, or translate the Site or Services or any component of the Site or Services (including, without limitation, the Content); (ii) attempt to derive the source code of the Site or Services or any component of the Site or Services (including, without limitation, the Content); (iii) create any derivative work from the Site or Services or any component of the Site or Services (including, without limitation, the Content); and/or (iv) authorize or assist any third party to do any of the foregoing;
- rent, lease, loan, resell, or otherwise distribute the Site or Services or any component of the Site or Services (including, without limitation, the Content);
- remove or alter any proprietary notice or legend regarding Spirit of Math’s, or any third party’s, proprietary rights in the Site or Services or any component of the Site or Services (including, without limitation, the Content);
- remove, circumvent or disable any rights management or protection tools we use on the site or in respect of any Content;
- use the Site or Services or any component of the Site or Services (including, without limitation, the Content) except in accordance with the terms of this Agreement and all applicable laws and regulations;
- collect information about others without their consent; and/or
- upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
- Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the Site or Services, or of Spirit of Math systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site or Services.
8. License Granted by Site Users to Spirit of Math
Certain features and/or portions of this Site permit you to upload, post or otherwise transmit User Content. By using any such features and/or portions and providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) are giving Spirit of Math permission to forever use any User Content you submit on or through the Site.
By using the Site and providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby: (i) grant to Spirit of Math a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Site; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favour of Spirit of Math. For greater certainty, this means that, among other things, Spirit of Math has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
Without limiting the generality of the foregoing, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby grant to each user of the Site a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Site via any share functionality that may be available on the Site.
9. User Waivers and Representations
By using the Site and providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby acknowledge, agree, warrant and represent to Spirit of Math that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Site:
- is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site; and
- does not violate any law; and
Without limiting the generality of the foregoing, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) also hereby acknowledge, agree, warrant and represent to Spirit of Math that:
- you shall be responsible for all acts or transactions that occur under your Account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the Site;
- we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content; and
- we do not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on the Site.
10. Indemnification by User
11. Notice of Infringing Content
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, or any other intellectual property law, you agree to promptly report any alleged copyright, or trade-mark or other infringements taking place on or through a Website by providing a written notice with the following information:
- Identification of the copyrighted work, or trade-mark or other right that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Spirit of Math to locate it;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;
- A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner’s behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
12. Disclaimer and Limitation of Liability
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SERVICES AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SERVICES WILL BE SECURE; (V) THE USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON THE SERVICES ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE SERVICES AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF SPIRIT OF MATH. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SERVICES.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT SPIRIT OF MATH HAS ENTERED INTO THIS AGREEMENT WITH YOU (OR, WITH YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND MAKES THE SERVICES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU (OR, YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND SPIRIT OF MATH. YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
13. Electronic Transmissions
15. Accuracy and Changes
Facts and information provided by Spirit of Math on the Site are believed to be accurate when placed on the Site. Changes may be made at any time to the information at this Site without prior notice. Please consult Spirit of Math for complete and up-to-date information on products and services.
16. Governing Law and Jurisdiction
For users who are not individuals residing in the province of Quebec, these Terms, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, and any related matters.
For users who are individuals residing in in the province of Quebec, these Terms, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, and any related matters.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. Without limiting the foregoing, we may amend the Registration Fees and any other charges associated with the Services, now or in the future, and reserve the right to charge for Services that are currently offered without cost. If we do this, we will post the changes to this Agreement at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date this Agreement was last revised. In addition, if you have registered for an Account, where required by law or at our discretion, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. As required by law, or at our discretion, the notice will set out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of any Services after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site or Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
If any provision of these Terms is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.
As permitted by applicable law, when you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Services and you will be responsible for all charges related to them.
Spirit of Math may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Spirit of Math.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
21. Contact Us
Questions? If you have any questions regarding our Site, Services, or the terms and conditions of this Agreement, you can contact us at:
1446 Don Mills Road Unit 101 Toronto, Ontario M3B 3N3 Canada 1-416-223-1985 firstname.lastname@example.org