mariA. think outside the box MED.ucation

Terms and Conditions of Use

Last Modified: October 8, 2020

IF THERE ARE ANY PROVISIONS OF THESE TERMS WHICH YOU DO NOT UNDERSTAND, PLEASE CONTACT US.

MARIA. THINK OUTSIDE THE BOX MED.UCATION ("we", "us" or "our") is business registered in Ontario, Canada. In consideration for permitting your access to our website and online services and other good and valuable consideration, you agree as follows:

These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of our website and online platform hosted at https://www.mariathinkoutsidethebox.ca and related subdomains using online course software provided by Thinkific Inc. (“Thinkific”). Collectively our website and the online course platform we license are referred to in these Terms as the “Platform”.

These Terms have provisions which limit our liability and impose obligations on you. 

You must review these Terms carefully before using the Platform. By using Platform, you, the user ("you" or "your"), represent and warrant that (i) you are at least 18 years old; and (ii) you have read and understand these Terms and agree to be bound by them.

If you are using the Platform on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms.  In such a case, "you" and "your" will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and us.

AMENDMENTS 

As the Platform continues to evolve, we may, at any time, revise these Terms and our policies by updating this page or the page hosting the relevant policy.  The date of the last version of these Terms is posted above.  While we will never retroactivly change any pricing detials, as you are bound by these Terms each time you use the Platform, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Platform after such amendments have been posted.  If you do not agree with the amendments, you shall immediately stop accessing the Platform and terminate your account, subject to the terms provided for herein. We may also undertake to send you an email or display notice of any changes to the Terms or policies in your account. 

PRIVACY

We use personal information you provide us in accordance with our privacy policy, which is incorporated by reference and available online at https://www.mariathinkoutsidethebox.ca/privacy-policy. By using the Platform, you consent to such processing and you represent to us that all information provided by you is accurate. 

About Our Online Service

We provide online courses and one-on-one coaching to help international medical graduates or students with English language and communication skills. While our courses and services are intended to help you improve performance on required exams (related to your English language and communication requirements), we are not a licensed education institution, nor do we offer services from medical professionals or university professors. 

Establishing an Account 

To use the Platform, you will be required to register an account and provide certain personal information as referenced in our privacy policy.  Via our third party online course platform provider, Thinkific, we may also allow you to create an account via third party providers such as Google. If you elect to establish your account via a third party provider, you agree to permit us to collect the personal information such third party sends us to establish your account. 

Regardless of whether you pay for your account or our services directly or not, you agree that access to your account and/or our services constitutes good and valuable consideration in exchange for agreeing to these Terms, our privacy policy and all other documents and policies incorporated by reference. 

Upon establishing an account, we grant you a non-transferable, non-exclusive license to access the  Platform, and any courses you pay for, in accordance with these Terms. However, we reserve the right to revoke that license and your access to the Platform without justification or cause, at any time. We make no representations or warranties as to the ongoing availability of the Platform, or your access to it. 

Course Content License

When you purchase access to our courses, you are purchasing a limited, single use license to access the course online via the Platform. Your license to access and use the course will expire once you have completed the course, or in respect of each module within a course, once that module has been completed. 

Account Not Transferrable

Access to your account is not transferrable and is only intended for you, the individual who established the account.  As a result, you are not permitted to change the name associated with your account. 

Account Security

Upon setting up an account, you will be required to create a username and password.  You are responsible for safeguarding the password you use to access the  Platform and you agree not to disclose your password to any third-party.  

You agree to use a unique password for your account which you do not use for any other online service. As we, or Thinkific, may send password reset notices and links to your email account registered on the Platform (i) you are responsible for ensuring that your email address provided to us is accurate; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.

You agree you are responsible for any activity on your account and all correspondence provided to us from any email address or phone number used to register your account, whether or not you authorized that activity or correspondence.  You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.

You must immediately notify us of any unauthorized use of your account. 

You must inform us of any changes to your contact details and other information provided to us, including, but not limited to, your email address and telephone number. 

While we and our third party software and technology providers take certain security measures in relation to the Platform, you acknowledge that the technical processing and transmission of the  Platform and related data and information, including your own account data and information, is at risk of being hacked or stolen by third parties and will involve transmissions over various networks and devices, including networks and devices not owned or controlled by us. We rely on a number of third parties to make the Platform available, including data and web hosting providers. You accept all such risks in using the Platform and you agree and acknowledge that in using online platforms, there is always a risk of unauthorized access to and use of your information, including your personal information. 

Acceptable Use of the  Platform

In using the  Platform, you agree, and you represent and warrant to us and all other users of the Platform, that you:

1. Will not use the Platform in a way that has any unlawful or fraudulent purpose or effect;
2. Will not copy and resell or reuse, for any commercial purposes, all or any portion of our course contents, or any copyrighted contents owned by us or any third party;  
3. Will comply with all applicable laws, rules and regulations;   
4. Will not upload, copy, distribute, share or otherwise use or generate data or content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, sexual in nature, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a criminal offense or give rise to civil liability or damages;
5. Will not upload, transmit, disseminate, post, share, store, use any content, data or information, perform any services or do anything that infringes on, or contributes to any infringement of, any intellectual property rights; including copyright, trademark, patent or trade secret rights, whether of ours or any third party;
6. Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;
7. Will not upload, copy, distribute, share, create or otherwise use content, code or information that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner's express consent;
8. Will not use any software bot or data scraping techniques that accesses the Platform to scrape or pull data for any purpose, whether such data was displayed publicly or not. 
9. Will not collect, harvest or store any personally identifiable information, including user account information, from us;
10. Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Platform and its underlying software code; and
11. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Platform.

We may, but have no obligation to, remove users from the Platform that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms.

Fees

Our fees for using the Platform, licensing course access and 1-on-1 virtual sessions are displayed on our website or may otherwise be provided to you in an email or written correspondence. By agreeing to these Terms, you agree to pay all fees associated with or arising from your account, courses you access or services we provide you. Our fees are subject to change, however, under no circumstance will our fees for accessing courses or our services change retroactively. 

No Refunds

Given the nature of our services and our online courses, we do not offer any refunds. 

Cancelling One-on-One Sessions

When you engage our services for one-on-one virtual sessions, we will agree on a fixed schedule for each session. If you need to cancel a scheduled session, you may do so on one occasion only, so long as you provide a minimum of 24 hours advanced notice. Where you fail to do so, you agree that we may bill you and charge your payment method or apply any prepayments made to the cancelled session. You agree that aall other sessions will proceed as scheduled and be paid for, unless we agree otherwise. Notwithstanding the foregoing, you agree that we may cancel sessions with you in our own discretion, if necessary, and reschedule cancelled sessions to an agreeable date. 

Taxes

You agree to pay any and all sales taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from your account and access to and use of the  Platform. 

Payment

We facilitate payment on the Platform using Stripe, Inc., Stripe Payments Canada, Ltd. and their related entities (collectively “Stripe”) in addition to PayPal Canada Co. and their related entities (collectively “PayPal”). For more information on Stripe’s terms of service, their Stripe Services Agreement and privacy policy, visit https://stripe.com/en-ca/ssa and https://stripe.com/en-ca/privacy.  For more information on PayPal’s terms of service for Canadian users, visit https://www.paypal.com/ca/webapps/mpp/ua/useragreement-full. 

You agree that we may bill your credit card or other payment method for all fees and taxes, whether for virtual sessions, course access or as applicable, in advance. Where we do not bill your payment method in advance, you agree that all invoices we provide you shall become due upon receipt.   You further agree that we shall not be required to provide course access or attend scheduled coaching sessions unless applicable fees are fully paid.

ACCEPTANCE OF RISK AND DISCLAIMERS

You agree and acknowledge that Maria Margaritis and any other individual who provides services in connection with this agreement, is not a doctor or other regulated professional; and (ii) none of our services (whether performed by us or a subcontractor) or any information from us or our subcontractors, are provided as, nor are they intended to be, medical advice.

While our courses and services are intended to help you pass exams by improving your English language and communication skills, we make no representations or warranties that you will in fact pass any exams as a result of our courses or using our services. 

You accept all risks associated with using the Platform, including those arising from interacting with other users, whether on forums or otherwise.

Our  Platform is provided "as is" without warranty of any kind, including but not limited to, all implied warranties and conditions of merchantability and fitness for a particular purpose.  We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.

Without limiting any other section of these Terms, you agree that we shall not be responsible for any damages you suffer arising from the acts or omissions, including the negligent acts or omissions, of other users on the  Platform, our independent contractors, payment processors or third-party service providers.

You agree that, while we strive to have the Platform error free and uninterrupted, we do not guarantee the absence of errors or interruptions. You agree that we shall not be held liable for any damage such errors or interruptions may cause. We make no representations and grant no warranties as to the uptime of the  Platform. 

We may also perform scheduled maintenance which will result in the Platform being unavailable for certain periods of time. 

Limitation of our liability

YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OWNERS, OUR EMPLOYEES OR OUR CONTRACTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

IF YOU ARE DISSATISFIED WITH THE  PLATFORM, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR OWNERS, OUR EMPLOYEES OR OUR CONTRACTORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE  PLATFORM.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF THE  PLATFORM, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE VALUE OF ANY SERVICES YOU HAVE PAID FOR.

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE  PLATFORM OR OUR SERVICES WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

Indemnification 

You agree to indemnify us, our owners, employees and contractors and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) which may arise from (i) your violation of these Terms or any policy incorporated by reference; (ii) your violation of any third-party right; (iii) any breach of a representation or warranty made by you to us, either in these Terms, privacy policy or otherwise; and (iv) any claim for damages suffered by another user of our service which you caused or contributed to.

Proprietary Rights 

The  Platform contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties.  You are not permitted to copy, use or distribute any content (including but not limited to text, course contents, software code, images, trademarks, videos or audio) on the Platform without the express consent of the owner. 

All rights, title and interest in and to the Platform and course contents are and will remain the exclusive property of MARIA. THINK OUTSIDE THE BOX MED.UCATION and our licensors.

The Platform and all content thereon are protected by copyright, trademark and other laws of Canada, the United States and foreign countries.  You agree not to reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Platform or any course content or materials thereon, without our express written consent.  You also agree not to copy, modify or reverse engineer the software code which underlies the Platform.

You are not permitted to use any trademark or trade name of MARIA. THINK OUTSIDE THE BOX MED.UCATION, including our logo, without our express permission.

Your Content

The Platform permits you and other users the ability to upload and post content ("User Content"). You own your User Content. While it may be displayed publicly on the Platform, you can delete your User Content at any time. We do not pre-screen User Content uploaded or posted to the Platform by you or other users. 

You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Platform in order to facilitate the ordinary use of the Platform.  

Copyright Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Platform, please notify via email. See our “Contact” page for details. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.

Linked Sites

Whether or not we are affiliated with websites or third-party vendors that may be linked to the Platform, you agree that we are not responsible for their content.  Internet links found on the Platform, whether posted by us or a third party, are not an endorsement and we do not represent or warrant the accuracy or truth of the contents, or endorse the products, services or information found on said websites.  You access those links and corresponding websites at your own risk.

You agree and acknowledge that in some instances our website or social media content may provide information on third party products and services, and that in doing so, we may provide affiliate links, which, when you click, may entitle us to be paid fees from the applicable vendor. You agree that we may receive such payments. 

Law of the Contract (Governing Law) and Jurisdiction. 

These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province. 

You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.  

Severability 

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

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.

Waiver of Class Proceedings and Trial By Jury

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, owners, successors, assigns and directors.  To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

Incorporation by Reference

All policies referred to in these Terms or anywhere on the Platform are hereby incorporated by reference, including but not limited to our Privacy Policy.

Termination

Though we would much rather you stay, you can stop using the Platform at any time. Please contact us to learn more about terminating your account.  Notwithstanding your decision to delete your account or nor longer use the  Platform, you agree to pay all fees and taxes as set out in these Terms and as posted on our website and the Platform.

We also reserve the right to suspend your account or access to the  at any time, with or without reason or cause, and with or without notice.  

The cancellation, suspension or termination of access to the Platform shall not terminate this agreement.  In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

Assignment of this Agreement

These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of the Platform by a third party, the transfer of control of MARIA. THINK OUTSIDE THE BOX MED.UCATION or otherwise. 

Right to Seek Injunction

Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

New Features

Any new features that augment or enhance the current the Platform, including the release of new versions, new courses, new products or services, tools and resources, shall be subject to these Terms.