TrepTalks

Trep Talks Terms of Use

1. Binding Agreement

This TERMS OF USE (“Terms of Use”) agreement constitutes a binding contract between You or Your (“Instructor” or “Student” or “Customer” or "Affiliate" or "User" or "Visitor" or “You” or “Your”) or the company You represent AND TrepTalks.com, (Trep Talks Media Inc.), an Ontario (Canada) based federal corporation ("Our" or "We" or “Company” or "Trep Talks" or "TrepTalks.com" or “Website”), regarding the terms under which the Company will provide You with access to its products & services.

By visiting the TREPTALKS.com (https://treptalks.com) website or using any of its software, products, services or other offerings, or clicking on the "SignUp", “Submit”, “Register” or “Log In” button(s), You agree to become bound by any and all applicable terms and conditions in this agreement. 

If You do not agree to any or all of the terms and conditions of this agreement, You are automatically prohibited from using our website or any of our products and services. In such a case You should immediately exit TrepTalks.com and clear history and cookies in Your browser. 

Company's acceptance is expressly conditioned upon Your assent to all the terms and conditions of this agreement, to the exclusion of all other terms. If these terms and conditions are considered an offer by company, acceptance is expressly limited to these terms.

To the extent permitted by law, these Terms of Use are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Use for future reference.

2. Right To Revise Terms

Company has the right to revise and amend these Terms of Use at any time. Changes become effective (15) days after posting. 

Your continued use of website and its products and services after changes become effective shall mean that You accept ALL of those changes. You are encouraged to visit the website regularly to ensure You are aware of the latest version of the Terms.

Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between You and the Company that arose prior to the date of such revision.

3. Company Information

TrepTalks.com, (Trep Talks Media Inc.), is an Ontario (Canada) based federal corporation headquartered at 4 Portrush Trail, Brampton, ON L6X 0R3, Canada.

4. Terminology

Instructor – An Instructor is an independent contractor located anywhere in the world who provides live and/or recorded instruction in the form of free or paid courses, tutoring, learning services or other submitted content on the website. 

Student – A students is a website visitor who registers a user account on TrepTalks.com AND enrolls in a free or paid course.

User – Instructors, Students, visitors with a registered account and visitors without a registered account are collectively called Users.

Content: All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content."

Company Content: Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is "Company Content." 

Submitted Content: Content uploaded, transmitted or posted to the Site or through the Products - by a User is "Submitted Content."

5. Content, Licenses & Permissions

TrepTalks.com is a marketplace for digital courses and supporting materials. The website enables instructors and students to connect at a central place to conduct business. 

The products and services of the website include, without limitation, facilitating and hosting Courses and supporting materials, enabling financial transactions for selling and purchasing of courses and supporting materials, as well as taking feedback from Users.

We do not hire or employ Instructors nor are we responsible or liable for any interactions involved between the Instructors and their respective clients ("students"). We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student's reliance upon any information provided by an Instructor.

We do not control Submitted Content (as defined above) posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Products may expose You to Submitted Content that You consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.

Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to Canadian and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.

You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

You agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant the Company permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.

Subject to these Terms of Use, User will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable right to access that portion of the Website applicable to access the courses (Free or Paid) as well as related resources in which a user is enrolled. 

By agreeing to grant such access, the Company does not obligate itself to maintain the Website, or to maintain it in its present form. The Company may upgrade, modify, change or enhance the Services and change a User's access type and/or permission level at any time in its sole discretion. The company may modify the products and services or discontinue their availability at any time in its sole discretion. 

User agrees to abide by any rules or regulations that the Company publishes with respect to conduct of User and other users of the Website. The Company reserves the right to deny a User access to specific course(s) or part or entirety of the website if, in the Company’s sole discretion, User has failed to abide by these Terms of Use or appear likely to do so.

User accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Use.

User promises, acknowledges, and agrees on behalf of itself that:

• Access privileges may not be transferred to any third-parties;

• It will not access, store, distribute or transmit any Viruses;

• It will comply with all applicable laws and regulations with respect to use of the Services;

• It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;

• It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;

• It will not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person's Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products;

• It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;

• It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;

• It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;

• It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.

The company respects all copyright, privacy, defamation and other laws relating to content and information and will not tolerate violation of such laws. Notwithstanding the foregoing, the company does not screen the submitted content and all use of the submitted content by You is at Your own risk and the company shall have no liability for such use. In particular, no review or posting or appearance of the submitted content on the site or through the products is intended to act as an endorsement or representation that any submitted content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful. 

If You believe that submitted content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company in accordance with the procedures that We maintain at https://treptalks.com/terms/copyright

6. Registration

To use certain products and services of the website, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, recommending promotional offers, providing customer service, and network management. 

You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.

7. Costs, Pricing & Payments

You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the TREPTALKS Products & Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If You elect to access or use Products and Services that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes (where applicable) associated with such access or use. If You provide credit card or PayPal information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card or PayPal account on a one-time or regular basis to pay the fees as they are due.

If Your payment method fails or Your account is past due. You agree to pay the amount owed within thirty (30) days of notification from us, and pay (at Our discretion) a late payment charge at 1.5% per month or maximum permitted by law, whichever is greater. Alternatively, We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company. In the event legal action is necessary to collect on balances due, You agree to reimburse the Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses. 

PRICING DEFINITIONS

"Base Price" or List Price: the course price set by the Instructor excluding taxes.

"Sale Price": the price of a course after a discount is applied to the base price. 

Total Price: Total price of a course is the amount paid by the customer for a course including taxes and other fees or charges. 

Administrative Charges: A fixed percentage of the Base Price of a course is deducted for payment processing.

Unless otherwise expressly stated, all fees and prices are stated in United States dollars.

PRICING

An Instructor will be solely responsible for determining the Base Price to be charged for a Course, in accordance with the Instructor Terms. 

PAYMENT

All payments are made to Trep Talks Media Inc. 

TAXES

European Union

In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax ("VAT"), under applicable law, TrepTalks will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. You will indemnify and hold TrepTalks harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.

All other countries

For sales of any of Courses or Submitted Content in countries other than the European Union, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in Your own location). TrepTalks is unable to provide You with tax advice and You should consult Your own tax advisor.

REFUNDS

TrepTalks offers Students a thirty (30)-day, no-questions-asked money back guarantee on Courses that are purchased on the TrepTalks website (at https://treptalks.com). Any courses purchased through a third party website will not be eligible for refunds. If You, as a Student, are unhappy with a Course eligible for a refund and request a refund within thirty (30) days of the date that You paid for access to that Course, we will provide You with a full refund of the amount You paid. To request a refund, please contact us via [email protected] Please note that if we believe that You are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate Your account and refuse or restrict any and all current or future use of the Company Products, without any liability to You. 

8. Obligations of Instructors

If You are instructing Students in connection with a Course You are an "Instructor" and the following additional terms and conditions apply, and You represent, warrant and covenant that:

• You are over the age of 18 or, if not, You are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Terms and the Instructor Terms and will assume responsibility and liability for Your performance and compliance hereunder;

• You are subject to the Company's approval, which We may grant or deny in Our sole discretion;

• You need to visit  https://treptalks.com/teach/  and complete the Instructor enrollment form and if You will charge fees for Your Courses You will also need to agree to the Instructor Pricing terms;

• You will be responsible for all of Your Submitted Content, that You own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Products in the manner contemplated by these this Instructor Agreement, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;

• You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on and through the Site and the Products;

• You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;

• You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Products or to any User;

• You will not use the Products for any business other than for providing tutoring, teaching and instructional services to Students.

• You will not engage in any activity that will require Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;

• You will not copy, modify or distribute Company Content except as permitted in this Instructor Agreement;

• You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;

• You will maintain Your enrollment and account information, and all such enrollment and account information shall be accurate;

• You shall respond promptly to Users seeking Your services and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;

9. Obligations of Students

If You are a User in search of or participating in a Course, You are a Student and the following additional terms and conditions apply, and You represent, warrant and covenant that:

You have read, understood, and agree to be bound by the pricing information (see the Pricing section above) before using the Site or registering for a Course;

You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses

You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;

You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;

You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;

You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and

You will not solicit personal information from any Instructor or other User.

10. Company Obligations

The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company. The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company's instructions, or modification or alteration of the Services by any party other than the Company. 

Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control - any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events. 

If the Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide User with an alternative means of accomplishing the desired performance.

11. Third-Party links and websites

This Website may contain and give You access to links to third-party websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. 

The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A User that leaves this Website to access these third-party sites does so at its own risk. 

The Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such external third-party websites.

12. Intellectual Property Rights

The Services are owned by the Company, its licensors or other providers of such material, and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Services or any portion thereof, is transferred to any User or Authorized End User, and all rights not expressly granted herein, are reserved by the Company.

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. User may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

13. Termination

We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are an Instructor). You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at [email protected] (but if You are an Instructor then Students enrolled in Your Courses prior to termination shall continue to have access to them for the duration of the Course). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights to payment all representations and warranties shall survive termination.

14. Limitation of Liability

To the fullest extent permissible under applicable law, neither party shall be liable hereunder under any theory of liability, including, without limitation, contract, tort or negligence, for any losses, unless such losses were reasonably foreseeable at the time You agreed to this terms. The company's total liability hereunder shall be limited to the amounts paid in connection with the courses or products under which such liability arose. This section 14 does not exclude or limit either party's liability for fraud, for death, or for personal injury resulting from negligence, or from any other liability that cannot be limited or excluded by law.

15. Governing Law And Venue

These Terms of Use shall be construed and governed by the laws of the Province of Ontario (Canada), without regard to the principles of conflict of laws thereof. User agrees and accepts that any legal action or proceeding shall be brought in the federal or provincial courts of the Province of Ontario, and User expressly waives any objection to personal jurisdiction, venue or forum non conveniens. 

Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Use (including, but not limited to, any claims of breach of contract, tort, infringement), User agrees that all such disputes/claims will be resolved by means of a court trial conducted by a court in the Province of Ontario, Canada, and User expressly waives any right it may otherwise have to a jury trial.

16. Notices

Legal notices may be sent to Trep Talks Media Inc, Attn: Legal Department, 4 Portrush Trail, Brampton, Ontario L6X0R3 (conventional mail). 

Notices to User may be sent either to the email address supplied in User’s account or to the address supplied by User as part of its registration data. In addition, Company may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to User to the extent permitted by applicable law. 

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Company posts a notice on the Website. 

17. Indemnity

You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

18. Waiver

If Company fails to insist upon strict performance of User’s obligations under any of these terms and conditions, or if Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Use, this will not constitute a waiver of such rights or remedies and will not relieve User from compliance with such obligations. No waiver by Company of any default will constitute a waiver of any subsequent default, and no waiver by Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to User in writing.

19. Survival

All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Use.

20. Complete Understanding

These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

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