Original Ginger Online Courses are designed to allow the Client to access educational materials geared at developing advertising and marketing skills at their own pace, and through a convenient, web-based platform. With a variety of course options available, including Marketing, Branding, Advertising, Sales Processes, and Project Management, the Client is able to create a fully customized learning experience, from the comfort of their own home.
1.2 Description of Services
Course modules will be video-based and delivered digitally via the Internet at courses.originalginger.com. The content of each module will become accessible to the Client upon the successful completion of the previous module.
The Client will have a maximum of twelve (12) months from the date of purchase to complete the course modules.
1.3 Additional Courses
1.4 Legal Agreement
2. Creating an Account
2.1 Signing Up
To use the Services, a Client must first create an account (“Account”) at courses.originalginger.com, which will include only accurate, up-to-date, and complete information. The Client agrees that Original Ginger can use the contact information provided in order for Original Ginger to contact the Client. The Client must have reached the age of majority in their jurisdiction of residence in order to create an Account.
2.2 Fees The Client agrees to pay in full, the one-time, non-refundable fee associated with their choice of online course, along with any applicable federal and provincial taxes.
The Client agrees to safeguard and protect the Account and the means of accessing the Account from any third parties, and shall immediately notify Original Ginger upon discovery of a breach of the security of the Account or of any other unauthorized access to the Account. The Client is solely responsible for any activity on their account and Original Ginger is in no way liable for any acts or omissions on the part of the Client in connection with their Account.
In order to access the Courses, the Client must use [insert description of supported browsers] and have access to the Internet in order to access the Courses. The Courses are streamed over the Internet only; no offline option for viewing course videos is available.
3. Internet Delay
3.1 The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Original Ginger is not responsible for any delays, delivery failures, or any other damage or claims resulting from such problems.
4. Limitation of Liability
4.1 No Representations or Warranties
Original Ginger makes no representations or warranties, whether express or implied, to the Client whatsoever with respect to the Services, including, without limiting the generality of the foregoing, any representations or warranties with respect to the results of the Services, the content of the courses or materials, the fitness of the Services for any particular purpose, or any impact of the Services on the Client or its business endeavours.
4.2 Limitation of Liability
4.3 Conclusion of Liability
(b) the suspension or abandonment of the Services; or
whichever shall occur first, regardless of whether the Client is aware of the potential for making a claim against Original Ginger.
4.4 No Restriction on Limitations
The limitations contained in this Section 4 shall apply irrespective of the nature of the cause of action, demand or claim.
5. Intellectual Property
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on materials provided in relation to the Services, and all content, located on or available through, the Services shall remain vested in Original Ginger.
5.2 Obligations of the Client
The Client must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, share, make available to the public, or otherwise use Original Ginger content in any way except for their own personal, non-commercial use. The Client further agrees not to adapt, alter, or create a derivative work from any Original Ginger content except for their own personal, non-commercial use. Any other use of Original Ginger content requires the prior written consent of Original Ginger.
5.3 Rights Retained
6.1 To the fullest extent permitted by law, the Client agrees to indemnify and save harmless Original Ginger from and against all damages, losses, and expenses of any kind, including without limitation reasonable legal fees and costs, arising out of or related to:
(b) the Client’s violation of any law, regulation, or the rights of any third party.
7.1 Termination by the Client
7.2 Termination by Original Ginger
7.3 Survival of Terms at Termination
8. Dispute Resolution
(a) the parties must initially attempt to resolve the dispute through collaborative negotiation;
(b) if the dispute is not resolved through collaborative negotiation within fifteen (15) Business Days of the dispute arising, the dispute must be referred to and finally resolved by arbitration under the British Columbia Arbitration Act by an arbitrator selected jointly by the parties. In the event the parties are unable to agree on an arbitrator, the acting president of the British Columbia International Commercial Arbitration Centre, or its equivalent as agreed by the parties, will select a single arbitrator.
8.2 Location of Arbitration
Unless the parties otherwise agree in writing, an arbitration or mediation under section 8.1 will be held in Langley, British Columbia.
8.3 Costs of Arbitration
Unless the parties otherwise agree in writing or, in the case of an arbitration, the arbitrator otherwise orders, the parties must share equally the costs of an arbitration under section 8.1, other than those costs relating to the production of expert evidence or representation by counsel.
9.1 Governing Law
This Agreement will be governed by the laws of the Province of British Columbia.
9.3 Entire Agreement
The Client acknowledges that Original Ginger will initiate provision of the Services upon payment of the fee indicated in section 2.2, and agrees that it will not be entitled to a refund of the fee or any portion thereof under any circumstances.
9.8 Successors and Assigns