TERMS AND CONDITIONS OF USE

Hi! Before we get started, we want to set a couple of ground rules, as set out herein.

 Any access or use of https://beanstalkacademy.thinkific.com/, www.beanstalkacademy.org,  https://www.thebeanstalkproject.org/ or any other related website or content administered by The Beanstalk Project Ltd. (“The Beanstalk Project”) including but not limited to, any online modules, courses, programs and/or workshops (collectively, the “Websites”) is subject to the following terms and conditions (these “Terms”).  Please carefully review the following Terms as it affects your rights and liabilities under law.  If you, in your personal capacity, or on account of your business, organization or otherwise, or in the case of a child under the age of thirteen (a “Minor”), then such Minor and such Minor’s respective parent or legal guardian (collectively, the “User”) do not agree with these Terms, you must immediately cease accessing and using the Websites in any form or manner whatsoever.  The Beanstalk Project reserves the right to change these Terms in our sole and absolute discretion, at any time without notice. 

Content, Copyright and Trade-Marks

All materials and content appearing on the Websites, including but not limited to, worksheets, images, illustrations, text, audio clips and video clips are either owned by or licensed to The Beanstalk Project (the “Content”).  The Content and any marks appearing on the Websites are protected by Canadian and international intellectual property laws and any unauthorized use may violate such laws.  The User may not use, download, upload, reproduce, publish, display, sell, distribute nor broadcast any Content without the express prior written consent of The Beanstalk Project, unless in accordance with the Permitted Uses (as defined below).

Permitted Use

The User may only access and use the Websites in accordance with these Terms and all applicable laws.  Subject to these Terms, the User is permitted to use the Websites for the purpose of displaying the Content on the User’s personal computer or mobile device and/or printing the Content for the User’s own personal educational purposes; provided that the Content is not modified in any form or manner whatsoever.  The User agrees not to engage in any reproduction, duplication, sale, re-sale or exploitation for commercial purposes any portion of the Websites, including, but not limited to, the Content, other than as expressly authorized herein.

The Websites are not intentionally designed for or directed at Minors. If a User is a Minor, the Websites may only be utilized with the permission of such User’s parent or legal guardian, subject to these Terms.

The User further agrees to keep their password and login information confidential and will be responsible for use of such User’s respective Website account and password; provided that, Users who are Minors shall be permitted to share this information with such User’s teacher, parent and/or legal guardian, as applicable. 

Prohibited Use

The User agrees that the Websites and the Content shall not be used or accessed for a purpose that is unlawful or prohibited by these Terms.  The User agrees to not upload, reproduce, distribute or otherwise transmit through the Websites such material which includes, but is not limited to, the following:

• Any material which is defamatory, offensive or of an obscene character;
• Any material that gives rise to civil liability or otherwise violates the rights or assists others to violate the rights of The Beanstalk Project or any third party. Such violations include, but are not limited to, engaging in copyright infringement, invasion of privacy, trademark infringement or defamation;
• Any material that constitutes a criminal offence or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity or child pornography;
• Any material that engages in threats, harassment, intimidation, stalking, abuse, spamming or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
• Any material that scans or probes another computer system, obstructs or bypasses computer identification procedures or engages in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
• Any material that forges headers or otherwise manipulates any protocols or identifiers used in any system or protocol in such manner to disguise the origin of any data transmitted using the Websites; or
• Any material that impersonates or falsely represents your association with any person, including a representative of The Beanstalk Project.

Without limiting any of The Beanstalk Project’s rights, The Beanstalk Project may suspend, restrict or terminate the User’s use of the Websites without notice, if in our sole and absolute discretion it is determined or believed that the User has violated any of these Terms.

Privacy Policy

The User acknowledges that the User has read and understands The Beanstalk Project’s privacy policy located at https://www.thebeanstalkproject.org/privacypolicy.html, accessible by clicking here, and as may be amended from time to time (the “Privacy Policy”). The Privacy Policy will also be available on The Beanstalk Academy homepage (https://beanstalkacademy.thinkific.com/), and on The Beanstalk Project’s website (https://www.thebeanstalkproject.org/). The User hereby consents to the collection, use and disclosure by The Beanstalk Project of the User’s personal information (whether previously collected or to be collected) for the purposes identified therein.  The Privacy Policy is incorporated herein by reference and forms an integral part of these Terms.

Links to Third Party Websites/ Hyperlinking

The Websites may contain links to other websites owned or operated by parties other than The Beanstalk Project.  Such links are provided for the User’s reference only.  The Beanstalk Project does not control third party websites and is not responsible for third party website content nor is The Beanstalk Project responsible for the conformity by the third party websites to applicable laws.

Exclusion of Liability/No Warranties

The User acknowledges that the Websites and Content are intended for informational and educational purposes only.  The Beanstalk Project makes no representation about the suitability of the Websites or the Content for any particular purpose.  The Websites and the Content are provided by The Beanstalk Project “as is” without warranty of any kind, express or implied.  The Beanstalk Project specifically disclaims all warranties and conditions of any kind with respect to the Websites and the Content including all express and implied warranties and conditions of merchantability, non-infringement of third party rights and fitness for a particular purpose.  The Beanstalk Project shall not have any liability or responsibility for any errors or omissions in the Websites, the Content, nor for any damage to the User’s computer, mobile device or data or any other damage the User may incur in connection with the Websites or Content, whether provided by The Beanstalk Project or by third parties.  The User’s use of the Websites and the Content are at the User’s own risk.  The User acknowledges and agrees that The Beanstalk Project cannot guarantee and does not warrant that User access will be uninterrupted, timely, secure or error-free or that the Website will be free of computer viruses or other malicious code.  The User further acknowledges and agrees that the User is responsible for maintaining the security of the User’s mobile or computer device(s) used to access the Websites and/or the Content (the “User’s Devices”) and that The Beanstalk Project is not responsible for any losses, damages, and/or expenses including, but not limited to that arising from or related to the loss or theft of User information transmitted from or stored on the User’s Devices.

In no event shall either The Beanstalk Project, its affiliates nor agents be liable for any damages, including but not limited to, direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Websites or the Content or the delay or inability to use the Websites or otherwise arising in connection with the Websites. 

The User irrevocably agrees to indemnify, defend and hold The Beanstalk Project, its directors, officers, employees, representatives, licensors, affiliates and agents harmless from any loss, liability, claim or demand, including reasonable legal fees, due to or arising out of the User’s use of the Websites and/or breach of any of these Terms.

General

The User agrees that these Terms and the User’s use of the Websites shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.  The User hereby consents to the exclusive jurisdiction and venue of the courts, tribunals and agencies and other dispute resolution organizations in Hamilton, Ontario, Canada in all disputes arising out of, or related to the Websites and/or these Terms.

The User agrees that The Beanstalk Project may at any time and without notice change these Terms. 

The User agrees that no joint venture, partnership, employment or agency relationship exists between the User and The Beanstalk Project as a result of these Terms or the User’s use of the Websites.

Severability

Any provisions of these Terms which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of these Terms, it being the intent and purpose that these Terms should survive and be valid to the maximum extent permitted by applicable Law.  For greater certainty, these Terms shall be read as if the invalid, unenforceable or illegal provision had never formed part hereof, and a “provision” for these purposes shall include the smallest severable portion of sections, paragraphs or clauses, or sentences contained therein, and not, unless the context absolutely requires, the whole thereof.

Questions/Feedback           

If you have any questions or concerns about these Terms, please contact [email protected].