Shepa Learning Online Training Center

SHEPA LEARNING COMPANY 

TERMS AND CONDITIONS OF USE

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (COLLECTIVELY WITH ANY AMENDMENTS HERETO, "TERMS AND CONDITIONS") BEFORE USING THIS WEBSITE.  BY USING THIS WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE AND ELIGIBLE TO USE THIS WEBSITE AND PLACE AN ORDER FOR SHEPA LEARNING COMPANY’S PRODUCTS AND SERVICES. 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE OR ORDER OR USE SHEPA LEARNING COMPANY’S PRODUCTS OR SERVICES. 

1. General

Shepa Learning Company owns and maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students and other Site users (“Users”) upon agreement to the following terms. Using or accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions in their entirety and to use the Site in accordance with these Terms and Conditions, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Shepa Learning Company.

We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, to comply with law or to meet our changing business requirements without notice to you. We will post the revised Terms and Conditions on this website. Your continued use of the Site and/or other products or services of Shepa Learning Company after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to and use of the Site, any order you place through the Site, and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with Shepa Learning Company for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a User of the Site.

2. User Conduct

You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. You may not without our prior written consent:

• reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
• include such content in or with any product or service that you create or distribute;
• copy such content onto your or any other website or publication;
• not disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
• not disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
• not upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
• not use, frame, or utilize framing techniques to enclose any Shepa Learning Company’s trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Shepa Learning Company’s express written consent;
• not use meta tags or any other "hidden text" utilizing Shepa Learning Company’s name, trademark, or product name without Shepa Learning Company’s express written consent;
• not create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
• not collect or store personal data about others;
• not attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
• not post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material that is owned by Shepa Learning Company;
• modify, distribute, or repost any content on the Site for any purpose; or
• use the content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Site. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

3. Intellectual Property Rights 

All of the Site’s materials, including, without limitation, all Shepa Learning Company product logos, design, text, graphics, course content, workbooks, information, quizzes, tests, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”) are Copyright © Shepa Learning Company. All Rights Reserved. Unless expressly stated otherwise, Shepa Learning Company or its suppliers or licensors own and retain other proprietary rights in all products available through the Site and are protected by copyright, trademark, and other intellectual property laws.  

Except as stated herein, none of the Materials may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Shepa Learning Company or the respective copyright owner. 

Shepa Learning Company authorizes each User to view and download one copy of the Materials. One copy of the Materials may be printed if Users make no modifications to the Materials and Users retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms and Conditions automatically terminates your authorized use of the Site.

4. Content Uploaded to the Site  

If you upload, post or submit any material (including, without limitation, comments) to Shepa Learning Company via the Site, (the "Uploaded Content") you are representing:

(i) that you are the owner of the Uploaded Content or are making your posting or submission with the express consent of the owner of the Uploaded Content; and (ii) that you are thirteen (13) years of age or older. In addition, when you submit any Uploaded Content, you are granting Shepa Learning Company, and anyone authorized by Shepa Learning Company, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose as Shepa Learning Company in its sole discretion sees fit without further consent or payment. 

Shepa Learning Company has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Shepa Learning Company has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Shepa Learning Company may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Shepa Learning Company’s sole discretion. Shepa Learning Company is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions and Shepa Learning Company may elect to cease the use and display of any Uploaded Content (or any portion thereof), at any time for any reason whatsoever.

Users of the Site must only post uploaded content that is owned by, and features, themselves, and no other third parties.

5. Changes to the Site

Shepa Learning Company may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Shepa Learning Company shall not be liable therefor.

6. Linked Sites

Links to external websites are provided solely as a convenience to you. Shepa Learning Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Site, or sites linking to the Site. The linked sites are not under the control of Shepa Learning Company and Shepa Learning Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, sponsorship, endorsement, or adoption by Shepa Learning Company of the website or any information contained therein. 

When leaving the Site, you should be aware Shepa Learning Company’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Your use of a linked site and your dealings with the owner or operator of a linked site are at your own risk, and you will not make any claim against Shepa Learning Company arising from, connected with, or relating to your use of a linked site, your dealings with the owner or operator of a linked site or any product, service or content available through a linked site.

7. Copyright Policy and Copyright Agent

It is Shepa Learning Company’s policy to respect the copyright and intellectual property rights of others. Shepa Learning Company may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Shepa Learning Company may terminate access by Users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that content residing on or accessible through the Shepa Learning Company Site infringes a copyright, please notify Shepa Learning Company, and provide the following:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• identification of the works or material claimed to have been infringed;
• identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with enough detail so that Shepa Learning Company is capable of finding and verifying its existence;
• your contact information including address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
• a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Please direct inquiries regarding intellectual property infringement issues by email to: [email protected] 

8. Indemnification

You agree to indemnify and hold harmless Shepa Learning Company, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

9. Product and Service Descriptions

Shepa Learning Company has taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:

• orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on the Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
• all items are subject to availability and we will inform you as soon as possible if the product or services you have ordered are not available and we may offer alternative products or services of equal or higher quality and value.

Shepa Learning Company reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.

Shepa Learning Company’s descriptions of, or references to, products not owned by Shepa Learning Company on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Shepa Learning Company.

10. Currency

All prices are displayed in Canadian Dollars (“CDN”) unless expressly indicated otherwise.

11. Order and Payment Information

If you use the Site or other means to purchase a product, payment must be received by Shepa Learning Company prior to Shepa Learning Company’s acceptance of an order, unless otherwise agreed by Shepa Learning Company.  Shepa Learning Company products may be subject to sales tax which will be applied to your order total. Shepa Learning Company may need to verify information you provide before Shepa Learning Company accepts an order and may cancel or limit an order any time after it has been placed. Shepa Learning Company expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Shepa Learning Company is registered to you. Shepa Learning Company shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Shepa Learning Company, or for any other reason it, in its sole discretion, deems appropriate. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Shepa Learning Company or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.

You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

12. Online Payment Service

For your convenience, the Site may provide access to an online payment service (the “Payment Service”) that you may use to pay outstanding amounts under an existing purchase order that you have placed with Shepa Learning Company. You will ensure that all information you provide through the Payment Service (including your credit card numbers and their expiration dates) is true, accurate and complete and you will retain a copy of each payment confirmation you receive in connection with your use of the Payment Service. The processing of your payment through the Payment Service may be delayed. You will be solely responsible and liable for your use and misuse of the Payment Service and for any and all loss, damage and additional costs that you, Shepa Learning Company or any other person may incur as a result of your misuse of the Payment Service, your submission of any false, incorrect or incomplete information or any delays in processing your payment through the Payment Service.

The Payment Service may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information regarding the Payment Service, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that Payment Service’s website and click on its information links or contact the Payment Service directly. 

13. Refunds  

Refund requests for Shepa Learning Company products should be sent to [email protected]  Refund requests will not be granted if you've:

1. Viewed more than 10% of purchased course/program and/or

2. Request a refund more than 30 days after purchase.

14. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND OTHER PRODUCTS AND SERVICES OF SHEPA LEARNING COMPANY IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

YOU ACKNOWLEDGE THAT SHEPA LEARNING COMPANY DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO SHEPA LEARNING COMPANY FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, SHEPA LEARNING COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE SITE. NOR DOES SHEPA LEARNING COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITES, OR ITS CONTENT.

ALTHOUGH SHEPA LEARNING COMPANY STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, SHEPA LEARNING COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, SHEPA LEARNING COMPANY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

SHEPA LEARNING COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, SHEPA LEARNING COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.

15. Limitations on Liability

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SHEPA LEARNING COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF SHEPA LEARNING COMPANY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHEPA LEARNING COMPANY’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 120 DAYS TO SHEPA LEARNING COMPANY FOR ANY PRODUCTS SUPPLIED BY SHEPA LEARNING COMPANY THROUGH YOUR USE OF THE SITE OR OTHERWISE.

SHEPA LEARNING COMPANY WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CANADA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

The terms of this section survive any termination of the Terms and Conditions.

16. Termination

Notwithstanding any of these Terms and Conditions, Shepa Learning Company reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that Shepa Learning Company shall not be liable for any termination of your use of or access to the Site.

17. Third-party Rights

Only you and Shepa Learning Company shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

18. Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.

19. Language

It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.

20. Applicable Law and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of British Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site shall be filed only in the courts of British Columbia, Canada sitting in the city of Vancouver, British Columbia, Canada, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. This paragraph does not limit the right of Shepa Learning Company to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.

The terms of this section survive any termination of the Terms and Conditions.

21. General

The Terms and Conditions constitute the entire agreement between Shepa Learning Company and you with respect to your use of the Site, your purchase of products and services through the Site, and as applicable any products or services of Shepa Learning Company. Any cause of action you may have with respect to the Site or Shepa Learning Company products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Shepa Learning Company to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Shepa Learning Company, and you do not have any authority to create any obligation or make any representation on Shepa Learning Company’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Shepa Learning Company’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Shepa Learning Company and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

22. Other Important Terms

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

23. Effective Date and Updates

The Terms and Conditions are effective as of February 12, 2020 and are subject to change without notice by Shepa Learning Company at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to accept the Terms and Conditions of Use, as modified.