The following terms of Service (or “Terms”) are set between you and CITOSP, also operating as Circle To Sphere, (“we”, “us”, “our”) and govern our relation with you, your use of CITOSP.CA (the “Site” or “Website”, the Services we offer, and other content we make available. BY CONTINUING TO USE THE SITE OR OUR SERVICES YOU AGREE TO HAVE READ, UNDERSTOOD, AND ACCEPTED THE FOLLOWING TERMS.
You should also familiarize yourself with our Privacy Policy as it is important to know how we collect, use, and handle your information.
If you do not wish to be bound by these Terms, you should terminate: your relation with us, your use of the Site, your use of our Services, your use of content originating from the Site, your relation with our affiliates, your relation with our business partners (collectively, “Services”), and if applicable, terminate your account with us.
Thank you for partnering with Circle To Sphere.
1. Your Use of CITOSP Services
The content made available to you on CITOSP.CA has been prepared to reflect what we intend to do. Namely, to deliver educational and tutoring services in digital and material forms.
By using our Services, you agree to not violate any laws applicable in your jurisdiction and to not use the Services in any way through the abuse of any functionalities including but not limited to:
- Creation of multiple accounts or using multiple aliases to access exclusive Services.
- Providing false information to mislead or hinder the provision of our Services.
- Accessing any areas of the website that have not been made publicly available or attempting to abuse an unknown functionality of the Site.
- Engaging in malware attack, logic bombing, and disrupting the uptime and functionality of the Site.
Your conduct with affiliates and business partners of CITOSP should not violate any laws or pose any health and safety risk to these parties. This includes any attempt to harass (verbal, emotional, physical, racial, sexual, and all other forms), retaliate, entrap, or endanger the liberty of these parties.
2. Intellectual Property
We hold full governing rights over and have the sole ownership of the Site, the Services made available by the Site, including but not limited to the content made available on the Site, or available through other means. This interest includes the Site itself, the content on the Site, trademarks, logos, phrases, programs, program names, and other terminology (collectively “CITOSP Content”) used in the design of the Site to give it its unique nature. Your use of our Services does not grant you any rights to the CITOSP Content.
We do not claim ownership of any third party content made available on the Site. This includes any copyright free content available in the public domain or through Creative Commons Licenses. We disclaim any liability arising out of your use of or interaction with this third party content.
3. Accessing our Services
Our Services are available through CITOSP.CA or through one of our official methods of communication that are made available on the Site.
To manage the Services we provide you, you may need to create an account with a username, password, and email address. Your account may also include other personally identifiable information such as your home address and date of birth. It is your responsibility and you agree to make sure that this information is accurate and true.
Use of false or misleading information is strictly prohibited. If it is suspected that you have provided false or misleading information, we will suspend or terminate your account, your access to the Site, and your access to our Services. You may not attempt to circumnavigate suspensions or terminations in any way.
All individuals who access our services are believed to be adults, guardians, or other authorized representatives of minors. We do not knowingly make our Services available to minors without the prior understanding and consent of the minor’s parents, guardians, or other authorized representatives of the minor. The nature of use, access, conduct, and other liabilities relating to the minor’s use of our Services are the sole responsibility of the parent, guardian, or authorized representative or the minor.
You may not transfer, share, or reserve an account or Services with any other individual. You may not illegally access or try to access the Site or our Services.
All Services that are made available on the Site grant access and use for only one individual at a time. The use of one Service for more than one individual is strictly prohibited and will result in the suspension or termination of our Services to you. All individuals receiving our Services must make a purchase to obtain the right to access those Services. You may not attempt to access our Services by way of circumnavigating account creation, communication, or payment processes all established or not yet established by us.
Your right to access our Services is enforceable only once we have received and confirmed proof of purchase for the Services. This proof of purchase can be made through one of the supporting services used on the Site for payment processing, electronic transfer of funds, or any other mean that is approved in writing by us.
Failure to initiate a service purchased from us after a certain duration may result in you losing access to the Services and to your money. Failure to continue our Services once purchased may result in you losing access to the Services and to your money.
We will make attempts to ensure you are not losing your money through this inactivity. However, we will not take responsibility for losses incurred due reasons not caused by us.
All costs related to you accessing our Services are your responsibility and include but are not limited to any physical or digital text and technology, any computer hardware and software, any service providers (such as Wi-Fi, mobile networks, pay-per-use services), or transportation.
4. Disclaimer of Warranties
CITOSP, CITOSP.CA, Circle To Sphere, we, us, our, our affiliates, partners, third parties, disclaim all warranties pertaining to your use of our Services, products, materials, or other in all forms including but not limited to any warranties of pertinence to a specific purpose, non-infringement, purposefulness, and title. The Site, the Services, products, and other digital materials are provided “as is”, without any promise, stated or implied, including but not limited to availability, timeliness, accuracy, truthfulness, or usefulness. We also disclaim any liability for any damages to your digital and physical technology including but not limited to your cellphone, tablet, laptop, or computer, arising through your use of the Site, the Services, Company Content, Third Party Content, or other materials made available through the Site.
From time-to-time content, statements, opinions, advise, offers, or other material belonging to third parties, affiliates, partners, tutors, clients, or students (“Third Party Content”) will be made available on the Site. We do not claim responsibility, by way of guaranteeing or endorsing for the accuracy, reliability, usefulness, or truthfulness of any Third Party Content. As such, we will not be held responsible for or liable for any loss or damage arising from your use, interaction, or interpretation of this Third Party Content whether made available on the Site or through the provision of our Services.
5. Indemnification
Excepting prohibitions made by law, you agree to hold us, any of our directors, officers, employees, affiliates (including tutors and consultants) (collectively “Protected Parties”) harmless from any losses, damages, liabilities, claims, or expenses including legal costs incurred by you or on behalf of you due to or in connection with these Terms, your use or interaction with the Site, Company Content, Third Party Content, our Services or Protected Parties.
Under no circumstances will the Protected Parties be liable for any aggregate amount, resulting from a claim made by you or on behalf of you because of your use or inability to use the Site, Company Content, or our Services.
6. Governing Law and Arbitration.
We have made our Services available only in the province of Ontario with the exception of the Site which is registered publicly and accessible by anyone. Anyone accessing the Site or Company Content acknowledges that they have been made aware that the Site may not be relevant to them and shall adhere to all governing laws and regulations of their jurisdiction while accessing the Site. You agree that by continuing to access our Services or Company Content, you give up, in perpetuity, any right to trial by judge, jury, or in a court. You also acknowledge and agree that BINDING ARBITRATION WILL BE THE ONE AND ONLY WAY TO RESOLVE ANY CLAIMS OR DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE TERMS SET HERE. YOU ALSO WAIVE YOUR RIGHT TO, AND AGREE THAT UNDER NO CIRCUMSTANCE WILL YOU, COMMENCE OR HOLD ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE OR COLLECTIVE REPRESENTATIVE ACTION OR PROCEEDING AGAINST US. IN THE CASE OF MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT, THE PROCEEDINGS WILL TAKE PLACE IN A COURT SELECTED BY US. This arbitration agreement and its enforcement will be governed by the laws of Ontario.
Binding Arbitration is a faster and more streamlined process for dispute resolution than judge or jury trials, which may take years and large sums of money to complete. We recommend seeking more information on this process. In the case that governing laws deem this arbitration agreement unenforceable, all legal proceedings will take place in a court of law chosen by us. If such legal proceedings are to take place, the losing party will be responsible for all fees and costs incurred during the process.
7. Modifications
At any time, we may make changes to the Site, Company Content, Third Party Content, or Services. We may remove, add, or modify whole pages on the site to remove or introduce information. You acknowledge that any changes made by us to the Site, Company Content, Services, will not nullify wholly or partially any portion of these Terms and that these Terms will remain valid whether or not you have been made aware of such changes.
We reserve the right to, at any moment and without prior notice, modify any part of these Terms. Changes made to these Terms will be fully valid and enforceable once posted and your continued use of our Services or Site will mean acknowledgment and agreement to the Terms whether or not you have been made aware of such changes.
If we believe that these Terms have been breached by you, we reserve the right to suspend our Services to you and if necessary, to terminate our Services to you.
8. Severability
All portions of these Terms are severable. Meaning that if any part is found to be unlawful or unenforceable, all other portions of these Terms will remain in full effect and enforced to the fullest extent permitted by applicable laws and the unenforceable portion shall be reinterpreted as close as possible to the original intent and made enforceable.
9. Entire Agreement
These Terms set forth the entire understanding between you and us and supersedes any previous known or unknown, overt or implied, agreements or understandings. Any inaction on our part to enforce these terms will not mean our waiver of that right. You may not, at any time, assign these Terms to any individual or third party without our prior written consent. We reserve the right to assign these Terms to any individual or third party without prior notice.
The suspension, termination, or end of your relationship with us will not nullify these Terms and they shall remain fully enforceable in perpetuity.
CITOSP, o/a Circle To Sphere
global@citosp.ca