Terms of Use

Welcome to Inklyo.com, which is the property of Inklyo Inc. (“Inklyo”). Inklyo and its affiliates provide their services to you subject to the following conditions. If you visit or purchase services or products from Inklyo.com, you accept these conditions. Please review them carefully. In addition, when you use any current or future Inklyo service or product, or visit or purchase from any business affiliated with Inklyo, whether or not it is included in the Inklyo.com website, you also will be subject to the guidelines and conditions applicable to such service or business.

Electronic communications

When you visit Inklyo.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. 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.

Parties

If you are entering into this agreement on behalf of another individual, company, or entity, you represent that you have the authority to enter into this binding agreement on their behalf, and “you,” “your,” and “yourself” shall mean the company, entity, or person you are representing.

License and site access

Inklyo grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify any portion of it except with the express written consent of Inklyo. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Inklyo. You may not frame or utilize framing techniques to endorse any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Inklyo and our affiliates without express written consent. You may not reproduce any image or depiction of this site as it might be rendered by a web browser or otherwise without express written consent from Inklyo. You may not use any meta tags or any other hidden text utilizing Inklyo’s name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted by Inklyo. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to Inklyo.com so long as the link does not portray Inklyo, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Inklyo logo or other proprietary graphic or trademark as part of the link without express written consent of Inklyo.

Privacy and registration

Our use of any data you may provide to us is governed by our privacy policy, which is incorporated herein by reference.

To access some of the content and features of Inklyo.com, you first need to register and create an account. Purchasing goods or services also causes an account to be created for you. Your registration data and other information you provide us must be accurate, current, and complete and maintained up to date. We reserve the right to verify any information you provide to us. You agree to use your account only in a manner that does not infringe any laws or this agreement, and to keep your account login information confidential.

You do not have a right to be registered with Inklyo.com and we reserve the right to decline registrations. We also reserve the right to terminate your account or to terminate the provision of services at any time at our sole discretion. We will not be liable to you or any third party for any termination of your account, your access to services, nor for any deletion of data related to the termination of your account.

You also agree that, upon termination, you will continue to be liable for all unpaid amounts, whether or not invoiced prior to or upon/after termination, for services delivered prior to termination. After termination by us, re-registration of you as a user of or on the Site is strictly forbidden.

Pricing

Price, terms, and availability are subject to change without notice. All prices quoted are in U.S. dollars (USD) unless otherwise stated. Inklyo and its affiliates reserve the right to limit quantities, to request payment prior to delivery of service, to refuse service, or to cancel orders at its sole discretion.

Purchase prices and invoices may be based on information that you provide to us. You represent and warrant that such information is accurate, and you agree to pay to Inklyo any additional charges arising from any inaccuracy in such information within seven days of notification thereof. Inklyo is not obligated to verify the accuracy of such information but will refund to you any overpayment arising from inaccuracy therein within five business days of the discovery thereof.

Inklyo may, at its sole discretion, offer monthly invoicing arrangements to regular business and personal customers and agree to additional or modified terms for such arrangements. Unless otherwise agreed to in writing, payment is due when an invoice is rendered. NSF checks and payments more than 90 days past due may be subject to administrative charges of up to $50 (USD) and interest at a rate of 1.5% per month (19.56% APR).

Copyright

This site is owned and operated by Inklyo and is protected by Canadian and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site, including code and software. Unauthorized use of any portion of this site beyond that contained in the previous paragraph may violate copyright, trademark, and other laws.

Quality

Inklyo provides a platform for the delivery of educational and informational content. Inklyo takes commercially reasonable steps to ensure that content created by course vendors using the platform is original, accurate, reliable, and error free. However, your use of said content is at your sole risk, and you acknowledge that content created by course vendors or Inklyo is not legal, medical, financial, or other professional advice.

Delivery

Orders are delivered electronically, by accessing files on Inklyo.com, unless otherwise specified by Inklyo. Inklyo will notify you by email when your order is complete and ready to access. You agree that Inklyo is not liable for any delay in notification caused by your, or your service provider’s email system.

Automatic Renewals

Some courses hosted on Inklyo are sold on an annual subscription basis.  Such subscriptions will automatically renew unless you advise us in writing at least 30 days before the end of the then current term that you do not want to renew.  If Inklyo does not receive such a termination notice, we will at the beginning of the renewal period charge the annual renewal fee to the credit card or PayPal account you used previously.  If such charge is not successful, we will contact you for alternate means of payment before terminating the service. The annual renewal fee will be the same amount as charged for the previous year.  Inklyo may terminate any of its annual subscription products at the end of a term by providing at least 90 days’ notice. Inklyo reserves the right to alter prices with 60 days written notice.

Refund policy

We are confident you will enjoy the learning materials produced or published by Inklyo. If you are not completely satisfied, please let us know within 30 calendar days of your date of purchase and you will receive a full refund. Please be advised that requesting a refund on a course will mean that you no longer have access to the course materials, or your progress reports. Please also be advised that if you complete the course before the end of the 30-day period, a refund will not be granted. If applicable, any refund will be processed within five to ten business days from receipt of a request.

Disclaimer of warranties and limitation of liability

Inklyo and its contractors attempt to be as accurate as possible. However, Inklyo does not warrant that product or service descriptions, other content of this site, or its services performed for its customers are accurate, complete, reliable, current, or error free. This site and Inklyo’s services are provided by Inklyo on an “as is” and “as available” basis and at your sole risk. To the fullest extent permissible pursuant to applicable law, Inklyo disclaims all warranties and conditions, expressed or implied, in respect of its services and any information, content, or materials on this site, including any implied warranties or conditions of fitness for a particular purpose, merchantability, and non-infringement. Inklyo, in its website, including without limitation banners, graphics, and links pages, may provide links and pointers to Internet sites maintained by third parties. Inklyo does not operate, or control in any respect, any information, products, or services on these third-party sites, and is not responsible for their content, products, or services.

In no event is Inklyo, its employees, independent contractors, subsidiary and parent companies, affiliates, or any third parties mentioned on the site liable for any damages whatsoever (including, without limitation, direct, incidental, or consequential damages, lost profits, or damages resulting from lost data, breach of confidentiality, or business interruption) resulting from the performance of Inklyo’s services, the use or inability to use the Inklyo.com site or the material contained on the site, whether based on warranty, contract, tort, negligence, strict liability, operation of law, or any other legal theory, whether or not Inklyo is advised of the possibility of such damages. In no event is Inklyo liable for damages in excess of the amount paid by a customer for the service in question. Inklyo has set its prices and created this site in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between you and Inklyo is found to have failed in its fundamental or essential purpose or has been fundamentally breached. You specifically acknowledge and agree that Inklyo is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any Inklyo material, or with any of Inklyo’s terms and conditions, your sole and exclusive remedy is to discontinue using Inklyo services. While we endeavor to ensure that any files originating at this site are free of known computer viruses, we make no warranty or guarantee that files are virus free, and we are not able to provide any assurances with respect to email or attachments that may have originated with third parties. All recipients are cautioned to check all email, attachments, and other computer files before accessing them, and any and all risk of virus contamination is assumed by the recipient.

Disclosure

Inklyo.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Other links on the site may also be affiliate links to various third party products and services and Inklyo may be compensated if you choose to purchase a product or service via one of these links. Inklyo may also, from time to time, accept sponsored posts on its blog.

Force majeure

We shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; and failure or sabotage of telecommunications infrastructure.

Other

We reserve the right to modify this agreement at any time by posting an amended version that is accessible through a link on the site’s home page and/or by giving you prior notice of a modification. If any modification is unacceptable to you, your only remedy is to stop using the site, which shall be deemed to be a termination of the agreement. Your continued use of this site following our posting of an amended agreement shall constitute binding acceptance of the modification.

This site and this agreement is governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Inklyo shall take place in the courts of London, Ontario, Canada. The parties shall attorn to the non-exclusive jurisdiction of the courts of Ontario.

Except if and to the extent not permitted by applicable law, or in the case of legal proceedings requiring injunctive or other mandatory or equitable relief, or the enforcement of arbitration rights or any arbitrator’s award hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration pursuant to the Arbitration Act, 1991 (Ontario), as amended or replaced from time to time. There shall be one arbitrator chosen by mutual agreement of the parties, or by order of the Superior Court of Ontario on application by either party failing an agreement to appoint an arbitrator. The arbitration shall take place in London, Ontario, Canada, and may be conducted in person, by telephone, or online. The arbitrator shall apply the laws of the Province of Ontario, Canada, to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

In the event any party (you or us) shall commence any arbitration or other legal proceeding to interpret and/or enforce this agreement or issues relating thereto (including, without limitation, claimed breaches of the agreement), the prevailing party in any such arbitration or other legal proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal and/or to enforce any arbitration awards or court orders and the fees and other costs of the arbitrator if applicable.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

The parties have required that these Terms and Conditions and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.