Privacy Policy & Terms of Use

[1] Website Privacy Policy

• English Momentum, Inc.
• 406 Cambray Rd.
• Cambray, Ontario K0M 1E0
• Canada
• wlambert@englishmomentum.com

Effective Date: 26/02/2020

Policy Version: 1.9

This document governs the privacy policy of our website https://www.englishmomentum.com. Our Privacy Policy tells you what Personal Data (PD) we may collect from you, how we collect it, how we protect it, how we may share it, and how you can access, change, and limit our sharing of it. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.

Definitions

‘Non-personal data’ (NPD) is information that is in no way personally identifiable. ‘Personal data’ (PD) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data.

A ‘visitor’ is someone who merely browses our website. A ‘member’ is someone who has registered with us to use or buy our services and products. The term ‘user’ is a collective identifier that refers to either a visitor or a member. A ‘customer’ is someone who has made a purchase. A ‘subscriber’ is someone who has an active subscription product. A ‘student’ is someone who is enrolled in an online course or takes Skype lessons.

Information We Collect

Generally you control the amount and type of information you provide to us when using our website.

Our Legal Basis for Collecting and Processing Personal Data

Our legal basis for collecting and processing your PD when you buy our products or services is based on the necessity of it to enter into a contract or to carry out our contract.

Our legal basis for collecting and processing your PD when you register for free membership, download free digital products, subscribe to podcasts, sign up for our newsletter and information about our products and services through our website opt-in forms is based on consent.

If You Don’t Give Us Your Personal Data

If you do not provide us with enough PD, we may not be able to provide you with all our products and services. However, you can access and use some parts of our website without giving us your PD.

We Collect Your PD in the Following Ways:

Automatic Information

We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website you’ll visit when you leave our website. This information also includes the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our website. Your IP address is anonymized before being sent to Google Analytics. We use all this information to analyze trends among our users to help improve our website.

When Entering Our Site

Cookies

When you enter and use our website and agree to accept cookies, some of these cookies may contain your PD.

Location

When you use our services, we may collect and process information about your actual physical location. We use IP tracking to determine your location. This is used to determine your time zone when booking a Skype lesson, or to present prices in your local currency.

At Member Registration

When you register for membership, we collect your name and email address to provide you with various features and/or functionality of our website. Once registered, you can login as a member. This gives you the ability to download free digital products from us; no other personal information is collected at that time.

Social Login

When you use a social login, we collect only your public profile data which you granted to your social network before you ever initiated Social Login on this site.  This data includes your first name, last name, email address, link to your social media profile, unique identifier, and the link to your social profile avatar. This data is used to create your user profile at our website. 

Online Forms

Online forms are used on our website to register, login, sign up for the newsletter, comment on blog posts and podcast episodes, contact us, and make purchases. The information you enter into these online forms may contain PD.

When Buying Premium Features, Products, or Services

Our website may offer premium features for the use of which you must pay. If we were to charge you for the use of these premium features, we would need to collect payment source information (such as a credit card) to bill you for using such premium features.

If you buy products or services from us, we collect your name, email address, physical address, credit card information, phone number.

Our Use of Cookies

Our website uses cookies. A cookie is a small piece of data or a text file that is downloaded to your computer or mobile device by your web browser. Cookies may contain text that can be read by a web server that delivered the cookie to you. The text contained in the cookie generally consists of a sequence of letters and numbers that uniquely identifies your computer; however, it may contain PD as well.

By agreeing to accept our use of cookies you are giving us, and third-parties we partner with, permission to place, store, and access some or all of the cookies described below on your device.

We may use cookies for:

• Navigating our website
• Signing in and identifying you as a member or user of our website
• Allowing you to post comments
• Allowing you to share content with your social networks
• Remembering what you have put in your shopping cart
• Remembering your preferences and settings
• Our website analytics
• Identifying the areas of our website that you have visited
• Remarketing our products or services to you
• Targeted advertising
• Affiliate marketing

Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.

Web Beacons

We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us understand the behaviour of our customers, members, students, and visitors. Our web beacons are not used to track your activity outside our website.

Google Analytics Privacy Policy

Our website uses Google Analytics to collect information about the use of our site. Google Analytics collects information such as how often users visit our site, what pages they visit, and what other sites they used prior to coming to our site. We use the information we get from Google Analytics to improve our site. Google Analytics collects only an anonymized form of the IP address assigned to you on the date you visit our site, not your name or other identifying information. We do not combine the information collected through the use of Google Analytics with PD. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our site, the cookie cannot be used by anyone but Google. For more information about how Google collects and processes your data, visit  https://policies.google.com/technologies/partner-sites

You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. https://tools.google.com/dlpage/gaoptout

How Your Information Is Used

We use the information we receive from you as follows:

• Provide our products and services that you have requested or purchased
• Personalize and customize content
• Make improvements to our website
• Contact you with updates to our website
• Resolve problems and disputes
• Contact you with marketing and advertising that we believe may be of interest to you

Communications and emails

When we communicate with you about our website, we will use the email address you provided when registering as a member. We may also send you emails about your downloads, purchases, subscriptions, and reminders of scheduled Skype classes. You can change contact preferences at any time through your account or by contacting us. 

If you have subscribed to our newsletter, you will receive email notification whenever new content is added to the site as well as promotional information about our website. You can opt out of the newsletter at any time by using the opt out link at the bottom of every newsletter.

Comments

Only logged in users can leave comments on the site. We collect the data shown in the comments form and associate this to the logged in user’s profile. We store comments indefinitely so that subsequent comments can be posted immediately and do not need to be held until approved by the moderator. We are only using default WordPress comments, so PD in comment metadata is not shared with any third-party service providers.

Online Courses

What we collect and store

When you purchase an online course from us, we’ll ask you to provide your email address. We will use this information to send you information about your account and order and to create your account on our Learning Management System (LMS). Even if you register in a free course, we will still store your email address. We store information about you for as long as your account exists. We store course progress, including completion status, quiz scores, assignments and/or essay submissions (if applicable). We will also store comments on courses, lessons, topics, assignments, and essays if you choose to leave them.

Who on our team has access

Members of our team have access to the information you provide us. For example, Administrators, the course Teacher and Group Leaders can access order information such as your enrolled courses, course progress and username/email address. Any additional information added in My Account/Account Details can also be visible to the administrator(s).

eCommerce

We collect information about you during the checkout process on our store.

What we collect and store

While you visit our site, we’ll track:

• Products you’ve viewed:
  • (We’ll use this to, for example, show you your recently viewed products)
• Location, IP address and browser type:
  • (We’ll use this for purposes like selecting a currency, estimating taxes and identifying your time zone for Skype class bookings)

We’ll also use cookies to keep track of cart contents while you’re browsing our site.

When you purchase from us, we’ll ask you to provide information including your name, billing address, email address, phone number, credit card/payment details, your Skype username, and optional account information like notes about your order. We’ll use this information for purposes, such as, to:

• Send you information about your account and order
• Respond to your requests, including refunds and complaints
• Process payments and prevent fraud
• Set up your account for our store
• Comply with any legal obligations we have, such as calculating taxes
• Connect with you on Skype for one-on-one tutoring
• Improve our store offerings
• Send you marketing messages, if you choose to receive them via our newsletter

If you create an account during checkout or are already logged in as a member, we will store your name, address, email, Skype username, and phone number, which will be used to populate the checkout form for future orders.

We generally store information about you only for as long as we need the information to fulfill the purposes for which we collected it, and for as long as we are legally required to continue to keep it. For example, we will store subscription orders online for as long as the subscription is active, product reviews indefinitely, and order information offline for seven years for tax and accounting purposes. This includes your name, email address and billing address.

Who on our team has access

Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:

• Order information (like what was purchased, when, and subscription expiry date)
• Customer information (like your name, email address, and billing information)

Our team members have access to this information to help fulfill orders, process refunds and support you.

Use of Credit Cards

You may have to provide a credit card to buy products and services from our website. We use Stripe and PayPal as our third-party billing services. We collect your name, email address, billing address, phone number, and credit card details which we encrypt before it travels over the internet using industry-standard technology for conducting secure online transactions. For the purposes of processing recurring subscription payments, we store the customer’s name, billing address, email address, phone number, unique payment identifier, and payment provider identifier. The transaction is processed on PayPal or Stripe and your credit card number is not stored on our server. We use commercially reasonable efforts to make sure that your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use.  However, you understand and agree that we are in no way responsible for any misuse of your credit card number.

Sharing PD with Third Party Service Providers:

We may provide your PD to affiliates who provide services with regards to our website (such as payment processors and other service providers.)

Payment Processors:

We accept payments made from PayPal accounts. We also accept credit card and debit card payments through PayPal and Stripe. When processing payments, some of your data will be passed to the payment processor of your choice, PayPal or Stripe, including information required to process or support the payment, such as the purchase total and billing information.

Please see the PayPal Privacy Policy  and Stripe Privacy Policy for more details.

Third-Party Data Transfer Between Online Services:

Customer information provided during the checkout process is sent to Zapier, a third-party service which transfers data between online apps. We use Zapier to transfer customer and transaction data into QuickBooks Online for accounting purposes.

Please see the Zapier Privacy Policy for more details. For QuickBooks Online, please see the Intuit Privacy Policy for more details.

Aggregate Data Analysis:

We do not sell, rent, or otherwise provide your PD to third parties for marketing purposes. However, we use services (Google Analytics, Facebook, Quickbooks Online) that aggregate data for the purpose of analysis and/or marketing. Any such data aggregation would not contain any of your PD. You can visit these pages (Google Analytics, Facebook, Quickbooks Online) to read their privacy policies. 

Online Course Engagement:

Data collected by the LMS including information relating to your course progression and quiz performance is shared with third parties who help us provide our courses and services to you; for example – Google Analytics and Facebook Pixel for analytics and reporting that helps us understand engagement with the content that will help with course improvement as well as with marketing, MailChimp to contact you about your course progress and to inform you of future courses we believe may be of interest to you, PayPal and Stripe for processing payments and subscriptions, and gamification programs.

Gravatar

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Your comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

Social Sharing:

Our social share buttons are provided by Heateor Team. They do not collect your PD, but to use the share buttons you need to be logged into the social platform. Each social platform may be collecting your PD according to their privacy policies.

Facebook and Messenger Share buttons

We use Facebook and Messenger share buttons on our website to allow you to share our webpages. Whereas our site does not collect your PD when you share content on social media, Facebook may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the share button, including correlating your Facebook account with whatever action you take within the button (such as sharing our webpage). For more information about how this data may be used, please see Facebook’s data privacy policy: https://www.facebook.com/about/privacy/update

Twitter Tweet button

We use a Twitter Tweet button at our website. As a result, our website makes requests to Twitter’s servers for you to be able to tweet our webpages using your Twitter account. These requests make your IP address visible to Twitter, who may use it in accordance with their data privacy policy: https://twitter.com/en/privacy#update

Reddit share button

We use the Reddit share button at our website. Whereas our site does not collect your PD when you share content on social media, Reddit may log information when you interact with the button. This may include your IP address, user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), pages visited, links clicked, user interactions (e.g., voting data), the requested URL and hardware settings, in accordance with their privacy policy: https://www.redditinc.com/policies/privacy-policy

Mix share button

We use the Mix share button on our website. Whereas our site does not collect your PD when you share content on social media, Mix (a Facebook affiliate) which may log information when you interact with the widget. Log Data is a form of Non-Identifying Information, in accordance with their privacy policy: https://mix.com/privacy

Weibo share button

We use Weibo share button on our website. Whereas our site does not collect your PD when you share content on social media, Weibo may log information when you interact with the button. This may include your name, cell phone number, etc. in accordance with their privacy policy: https://m.weibo.cn/page/647?entry=client

WhatsApp share button

We use WhatsApp share button on our website. Whereas our site does not collect your PD when you share content on social media, WhatsApp (a Facebook affiliate) may log information about your activity (such as how you use WhatsApp services, how you interact with others using WhatsApp services, and the like), log files, and diagnostic, crash, website, and performance logs and reports. WhatsApp also collects device-specific information when you use their services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. To read their privacy policy, see: https://www.whatsapp.com/legal/#terms-of-service

Instagram share button

We use Instagram share button on our website. Whereas our site does not collect your PD when you share content on social media, Instagram (a Facebook affiliate) may log information about your activity (such as how you use Instagram services, how you interact with others using Instagram services, and the like), and certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.  To read their privacy policy, see: https://help.instagram.com/402411646841720

LINE share button

We use the LINE share button to allow you to share our webpages. Whereas our site does not collect your PD when you share content on social media, LINE may collect device type, OS type, IP address, browser information including type and language settings, device identifier, cookie data, advertising identifier or mobile application identifier. LINE also shares data from your personal profile with Official Accounts, but only data that you have chosen to make public in your profile. This might include your phone number (if you have enabled the “Allow Others to Add” feature), your LINE ID, “display name,” profile picture, and the phrase you choose to show under your status message, date of birth, etc. For more information on how this data may be used, please see LINE’s privacy policy: https://terms.line.me/line_rules_2_?lang=en

LINE QR Code and ‘Add Friend’ Badge 

We use the LINE QR Code and ‘Add Friend’ Badge on our website so that EnglishMomentum can become an official account friend on LINE. Whereas our site does not collect your PD when you add EnglishMomentum as a friend on LINE, LINE may log information when you interact with EnglishMomentum on LINE. Information logged may include your phone number or Facebook ID, Profile name, device information as well as optional information you may have provided to LINE such as telephone numbers stored in the device’s contact list, profile photo, your email address, Naver ID, and profile information (including ID, profile photo, status message) in accordance with their privacy policy: https://terms.line.me/line_rules_2_?lang=en

Third-Party Content:

Third-party providers whose content has been linked to or embedded on this site may collect data about you.

Links to other websites

Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy policy. These websites will likely have their own privacy policies. We have no responsibility for these websites and provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy policies of these websites to see how they treat your personal information.

Embedded content from other websites

Blog posts and courses on this site may include embedded content (e.g., videos and podcast episodes). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Security Against Malicious Attacks:

PD collected in Security Logs

The IP address of visitors, user ID of logged in users, and username of login attempts are conditionally logged to check for malicious activity and to protect the site from specific kinds of attacks. Examples of conditions when logging occurs include login attempts, log out requests, requests for suspicious URLs, changes to site content, and password updates. This information is retained for 30 days.

WPBruiser is an anti-spam and security plugin that protects the site from spam bots and Brute Force attacks. It is based on algorithms that identify spam bots without captcha images. WPBruiser is not saving any information about the user if the request is legit. In such cases where WPBruiser blocks a request, the IP Address is saved and kept in the site’s database for 30 days after which the IP is deleted. There is no sharing of data with WPBruiser.

Who we share your data with

This site is scanned for potential malware and vulnerabilities by Sucuri’s SiteCheck. We do not send personal information to Sucuri; however, Sucuri could find personal information posted publicly (such as in comments) during their scan. For more details, please see Sucuri’s privacy policy.

Where we send your data

This site is part of a network of sites that protect against distributed brute force attacks. To enable this protection, the IP address of visitors attempting to log into the site is shared with a service provided by ithemes.com. For privacy policy details, please see the iThemes Privacy Policy.

International Data Transfers:

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy. Personal information that you publish on our website or submit for publication on our website may be available via the Internet around the world. We cannot prevent the use or misuse of such information by others. You hereby agree to the transfers of personal information described within this section.

Legally required releases of information

We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties, including you and/or other members; (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.

Disclosures to Successors

If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy policy as well as to any changes to this privacy policy as instituted by the new business.

Changing and Revoking Your Personal Information

Change your account settings

If you have registered on our website, we have stored the personal information you provided in your account. You can see, edit, or delete your personal information at any time (except you cannot change your username). Website administrators can also see and edit that information. 

Change or revoke social media permissions

If you have registered and logged in through your social media account such as Facebook, Twitter, or GooglePlus, you can restrict or revoke this consent at any time by logging into your social media account privacy settings and changing your permissions. The next time you log into English Momentum, your social login will not work. Using the same email address, you will need to request a new password. Once your password is set, use the standard login form.

Do Not Track settings

Some web browsers have settings that enable you to request that our website does not track your movement within our website. Our website does obey such settings when transmitted to and detected by our website. Due to circumstances that are outside our control (i.e. Internet transmission issues, web browser/server incompatibilities, etc.), we may not always be able to detect and honour this setting. However, this does not change our compliance in any other way with our privacy policy.

Change and turn off tracking features in your browser. You can turn off tracking features and other security settings in your browser by visiting the following links:

• For Internet Explorer visit: https://www.englishmomentum.com/do-not-track-explorer11
• For Mozilla Firefox visit: https://www.englishmomentum.com/do-not-track-firefox
• For Google Chrome visit: https://www.englishmomentum.com/do-not-track-chrome
• For Safari visit: https://www.englishmomentum.com/do-not-track-safari

Retaining and Destroying Your Personal Information

We retain information we collect from you (including PD) for only as long as we need such information for legal, business, or tax purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it.

Requesting an export of your personal information

If you have an account on this site, you can log in and request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You must be logged in to submit this request from this link.

Requesting the erasure of your personal information

You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. 

Protecting the Privacy Rights of Third Parties

If any postings you make to our website contain information about third parties, you need to make sure that you have permission to include them in your posting. While we are not legally liable for the actions of our users, we will remove any postings for which we are notified that such postings violate the privacy rights of others.

Protecting Youth’s Privacy

You must also be old enough to consent to the processing of your personal data in your country. (In some countries, we may allow your parent or guardian to give their consent on your behalf). 

Children’s privacy:

Our website and services are not directed to children, and you may not use our services if you are under the age of 13. However, we realize that a child may attempt to access our website. We do not knowingly collect PD from a child under the age of 13. If you are a parent or guardian and believe that your child or teenager under the age of majority has provided us with personal information without your consent, please alert us here. We may ask for proof of identification before we remove any information to prevent malicious removal of account information. If we discover on our own that a child is logging into our website, we will delete the information as soon as we discover it, will not use the information for any purpose, and will not disclose the information to third parties.

Teenagers’ privacy (Canada):

In compliance with the Canadian Marketing Association’s Code of Ethics, we do not knowingly collect personal data from teenagers living in Canada and under the age of majority. If we discover that you are a young teenager living in Canada and using our services, we will contact you requesting your parent or guardian’s consent to collect your PD.

• If we learn that you are age 13-15, we will contact you requesting your parent or guardian’s consent to collect your contact information. 
• If we learn that you are age 16 and making a purchase, we will request your parent or guardian’s consent to collect your personal data.
• As for anyone else, consent has already been granted by the acceptance of the ‘Privacy Policy’ and the ‘Terms and Conditions’ at registration on this site.

Teenagers’ privacy (China & South Korea):

If we discover that you are under the age of 14, living in China or South Korea, and using our services, we will contact you requesting your parent or guardian’s consent to collect your PD.

Teenagers’ privacy (Malaysia):

If we discover that you are under the age of 18, living in Malaysia, and using our services, we will contact you requesting your parent or guardian’s consent to collect your PD.

Our Email Policy

We comply with Canada’s federal CASL (Canadian Anti-Spam Law) and GDPR (General Data Protection Regulation). You can always opt out of receipt of further email correspondence from us or our affiliates by using the unsubscribe link provided at the bottom of every email. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business.

Our Security Policy

At English Momentum, we understand the importance of protecting your personal data. We have taken steps to build our website using industry-standard encryption and authentication tools to protect the security of your PD. When we collect your PD through our website, we will encrypt your PD before it travels over the Internet using industry-standard technology for conducting secure online transactions. We also use technologies such as secure routers and firewalls to protect your PD. Unfortunately we cannot fully guarantee secure data transmission over the Internet because of its nature.

Once we receive your PD, we have security measures in place to protect against the loss or misuse of your PD, though again we cannot fully guarantee against such loss or misuse. We strongly urge you to protect any password you may have for our website and not share it with anyone. You should always log out of our website when you finish using it, especially if you are sharing a computer with someone else or are using a computer in a public place.

Data Breach Procedures

If a data breach is suspected, it will be investigated, confirmed and reported to the Office of the Privacy Commissioner of Canada. All users whose PD has been compromised will be notified via the email address stored in users’ personal profiles within 72 hours of finding the breach. However, if it is only anonymized data that has been compromised, notification is not necessary. To contain the breach, the site will immediately be shut down. Before going back online, a technician will identify the point of entry and repair the site.

Changes to Our Privacy Policy

We reserve the right to change this privacy policy at any time. If our company decides to change this privacy policy, we will post those changes on our website so our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email (sent to the email address on file in your account). Otherwise we will use and disclose our users’ and customers’ PD in agreement with the privacy policy that was in effect when their information was collected. In all cases your continued use of our website, services, and products after any change to this privacy policy will constitute your acceptance of such change.

Questions About Our Privacy Policy

If you have any questions about our privacy policy, please contact us using our contact information found at the top of this policy or on our website.

Copyright © Orion Systems. This document or any portion of it may not be copied or duplicated without a license from http://www.DisclaimerTemplate.com

[2] Terms and Conditions

• English Momentum, Inc.
• 406 Cambray Rd.
• Cambray, Ontario K0M 1E0
• Canada
• wlambert@englishmomentum.com

Effective Date: 29/06/2017

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website https://www.englishmomentum.com (Website). By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Definitions

The terms “us”, “we”, and “our” refer to English Momentum, Inc., the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away. All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

Acceptance of Agreement

This Agreement is between you and English Momentum, Inc.. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER. Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and English Momentum, Inc. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

Privacy Policy

Our Privacy Policy is considered part of this Agreement and is available on this website. You must review our Privacy Policy by clicking on this link. If you do not accept and agree to being bound by all of the terms of this Agreement, including the https://www.englishmomentum.com Privacy Policy, do not use this Website or our Services.

Arbitration

Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the ADR Institute of Canada (ADRIC). Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Toronto, Ontario, Canada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario, Canada necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.

Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in Toronto, Ontario, Canada and will be governed by and construed in accordance with the laws of the province of Ontario without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Limited License

English Momentum, Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and English Momentum, Inc..

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of English Momentum, Inc.. Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe that any of your copyrights are infringed by our Content, please provide us with a written notice by mail, fax, or email that contains the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on our Website;
4. Your address, telephone number, and email address;
5. Your statement that you have good belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. Your statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to notices that substantially comply with the above requirements. We will investigate your claim and notify you by the method of contact you used to file your notice with us.

Eligibility and Registration for Membership

To use our Services you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. English Momentum, Inc. has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Content Disclaimer

The opinions expressed on our Website are not necessarily the opinions of English Momentum, Inc.. Any Blog content provided by our bloggers is of the blogger’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anything. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members are responsible for their own content where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information, or other Content appearing on our Website or Services.

Financial, Legal, and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and English Momentum, Inc. or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY English Momentum, Inc. AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

English Momentum, Inc. is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by English Momentum, Inc. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. English Momentum, Inc. is not responsible for the online or offline conduct of any User of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. English Momentum, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Member communications.

English Momentum, Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Website or Services, including without limitation any software provided through our Website or Services.

Under no circumstances will English Momentum, Inc. be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

English Momentum, Inc. reserves the right to change any Content, software, and other items used or contained in our Website or Services at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith by our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

English Momentum, Inc., INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. English Momentum, Inc. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. English Momentum, Inc. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND English Momentum, Inc..

OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

English Momentum, Inc., as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website or our Content, (e) the Content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.

IN NO EVENT WILL English Momentum, Inc. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF English Momentum, Inc. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, English Momentum, Inc.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. English Momentum, Inc. is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, English Momentum, Inc. will submit all necessary information to relevant authorities.

If any Member Content is reported to English Momentum, Inc. as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by English Momentum, Inc.. If the Member fails to meet such request, English Momentum, Inc. has full authority to restrict the Member’s ability to post Member Content OR immediately terminate the Member’s membership without further notice to the Member.

Without limiting the foregoing we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

As a Member you agree not to use our Services to do any of the following:

1) Upload, post, or otherwise transmit any Member Content that:

a. Violates any local, state, federal, or international laws

b. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party

c. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable

d. Links directly or indirectly to any materials to which you do not have a right to link

e. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers

f. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from our Website or Services

g. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation

h. In the sole judgment of English Momentum, Inc. is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose English Momentum, Inc., our affiliates, or our Users to any harm or liability of any type

2) Use our Content to:

a. Develop a competing website

b. Create compilations or derivative works as defined under United States copyright laws

c. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism

3) Decompile, disassemble, or reverse engineer our Website, Services, and any related software

4) Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively ‘Submission’) is considered assigned to us and is our property. We will not be required to treat any Submission as confidential, nor be liable for any ideas (including without limitation product, service, or advertising ideas), and will not incur any liability as a result of any similarities that may appear in our future Products, Services, or operations.

Without limitation we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit and have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Linking to Our Website

You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.

Links to Other Websites

Our Website may from time to time contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites. English Momentum, Inc. has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

Payments

You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

Refund and Return Policy

To the extent that you purchase any goods directly from us we may refund your purchase price within thirty (30) days of you notifying us in writing of your desire of the refund together with a reason for the request subject to the return of the Product to us in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as found on our Website.

Termination of Membership

Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.

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