These Terms of Use constitute a legal, binding agreement between you (the “Client”) and Original Ginger Inc. (“Original Ginger”). By clicking the “I have read and agree to the Terms of Use” box at the time of checkout, the Client agrees to be bound by the Terms of Use described below and further acknowledges that the Terms of Use constitute a legal and binding contract between the Client and Original Ginger. Please read carefully.

1. Introduction

1.1 Purpose

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

These Terms of Use apply to the Client’s use of and access to the online courses, tools and supports (collectively, the “Services”) provided by Original Ginger Inc. (together with its officers, directors, employees, agents, subsidiaries and affiliates, “Original Ginger”).

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

If the Client purchases additional courses from Original Ginger, such courses will form a part of the “Services” defined herein and will be governed by these Terms of Use.

1.4 Legal Agreement

In utilizing the Services, the Client agrees to be bound by the Terms of Use herein described. These Terms of Use should be read carefully, as they constitute a legal and binding contract between the Client and Original Ginger. Any inquiries resulting from the review of the Terms of Use can be made to Original Ginger Client Services at [insert link to contact page].

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.

2.3 Security

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.

2.4 Specifications

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

(a) Original Ginger shall not be liable to the Client for any loss of profits, revenues, customers or contracts, loss of use of equipment, loss of data, business interruption, any commercial or economic loss of any kind or for any indirect, consequential, incidental, special, punitive, or exemplary damages howsoever caused or arising under these Terms of Use, even if Original Ginger had been advised of the possibility of any of the above, or even if any of the above were reasonably foreseeable.

(b) The aggregate liability of Original Ginger to the Client under these Terms of Use shall not exceed the total fees paid by the Client to Original Ginger, pursuant to Section 2.2.

4.3 Conclusion of Liability

The Client agrees that Original Ginger’s liability for all claims the Client may have or bring in connection with the Services arising out of or ancillary to these Terms of Use shall absolutely cease to exist upon:
(a) the performance of the Services detailed in these Terms of Use; or
(b) the suspension or abandonment of the Services; or
(c) the termination of the Services pursuant to these Terms of Use;
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

5.1 Content

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

The names, images and logos identifying Original Ginger, or third parties and their products and services, are subject to copyright, design rights and trade marks of Original Ginger and/or third parties. Nothing contained in these Terms of Use shall be construed as conferring any license or right to use any trade mark, design right or copyright of Original Ginger or any other third party.

6. Indemnification

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:

(a) the Client’s breach of these Terms of Use; and

(b) the Client’s violation of any law, regulation, or the rights of any third party.

7. Termination

7.1 Termination by the Client

To terminate these Terms of Use, the Client may contact Original Ginger Client Services [insert link to contact page] or simply stop using the Services at any time. Termination by the Client will not result in a refund of any fees paid to Original Ginger.

7.2 Termination by Original Ginger

Original Ginger reserves the right to suspend or terminate the Services at any time at its sole discretion and without notice in the event of a breach by the Client of these Terms of Use. Termination by Original Ginger will not result in a refund of any fees paid to Original Ginger.

7.3 Survival of Terms at Termination

All sections of these Terms of Use that by their nature should survive termination shall survive termination, including without limitation ownership of content, representations and warranties, limitation of liability, indemnification, and dispute resolution.

8. Dispute Resolution

8.1 Arbitration

In the event of any dispute between the parties arising out of or in connection with these Terms of Use, the following dispute resolution process will apply unless the parties otherwise agree in writing:

(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. General

9.1 Governing Law

This Agreement will be governed by the laws of the Province of British Columbia.

9.2 Severability

If any provision of these Terms of Use shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms of Use is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

9.3 Entire Agreement

These Terms of Use contain the entire agreement of both the parties, and there are no other promises of conditions in any other agreement, whether oral or written.

9.4 Amendment

No amendment of these Terms of Use will be binding unless made in writing by all the parties to these Terms of Use.

9.5 Assignment

These Terms of Use may not be assigned by Original Ginger or the Client without the prior written consent of the other party, such consent not to be unreasonably withheld.

9.6 Waiver

No failure or neglect of either party hereto in any instance to exercise any right, power, or privilege under these Terms of Use or under applicable law shall constitute a waiver of any other right, power, or privilege in any other instance.

9.7 Non-Refundable

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

These Terms of Use will enure to the benefit of and be binding upon the parties and their respective successors, permitted assigns, heirs, executors, and personal representatives.

9.9 Headings

The headings appearing in these Terms of Use are inserted for convenience of reference only and will not affect the interpretation of these Terms of Use.