These terms and conditions are in relation to online tutorial services as provided by NCA Guides.
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any online course and course materials. Carefully peruse and agree to these terms and conditions before making payment for any online course and course materials. These terms form a binding agreement between you and NCA Guides and your use of our website is conditional upon acceptance of the terms and conditions.
If there is any conflict between our website disclaimer, these terms and conditions and any course specific terms and conditions which might apply to a specific online Course then the conflict shall be resolved by applying the following order of priority to wit:
Course specific terms and conditions
This Standard terms for the purchase of online courses;
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will be binding on you. Kindly discontinue purchasing or signing up with us for our online tutorial services, if you do not agree to these terms and conditions.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, students, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the course materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course materials” means electronic copies of note(s) containing recommended topics as per the NCA syllabus.
“Fees” means the money payable to NCA Guides for course materials and online tutoring service or any other service(s) as may be determined from time to time.
“Intellectual property rights” mean copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to confidential information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means virtual meet ups for the purposes of teaching contents of the NCA syllabus.
“Services” mean the delivery of the online course and course materials together with such other services as agreed from time to time and purchased by you through the website or by other means as may be employed from time to time..
“Website” means www.ncaguides.com
“You” means the individual purchasing the services.
- The Services
2.1. A description of the services together with the dates on which the services will begin are available on our website. We will provide the services with reasonable care and skill in accordance with the description set out on the website.
2.2. We reserve the right to vary or withdraw any of the services as described on the website without notice.
2.3 We expect you to confirm that the services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the services.
- Ordering Services
Purchasing services via the website
Purchasing services via the telephone
3.1. To purchase a service over the telephone please call +1(587) 8488044. You do not need to have registered for an account with us to purchase any of the services over the telephone. You must, however, register with us to access your course on-line.
3.2. When you place an order for a service via the website, or telephone, you are offering to purchase the services on these terms and conditions. NCA Guides reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.3. Following receipt by us of your order for services via the website or on the telephone we will contact you confirming receipt of your order.
3.4 A legally binding agreement between us and you shall come into existence when we have
(a) accepted your offer to purchase services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant fees from you in accordance with clause 5 below.
3.5 Where your order consists of multiple online courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
3.6 NCA Guides does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the services provided to you by NCA Guides.
3.7 NCA Guides reserves the right to unilaterally assign tutors to take any of the courses and NCA Guides reserves the right to substitute a tutor taking any of the courses without prior notification to students.
3.8 It shall be the responsibility of students to attend any classes they paid for and NCA Guides shall not be liable to refund any student who fails for whatever reason to attend any of the paid online classes.
- Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted/confirmed the services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 48 hours starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the services. Provided that you have not been sent any of our tutorial materials for the paid class.
4.2. If you have purchased an online course and have already accessed, downloaded all or part of the online course and/or started to use that online course then you shall not be eligible to cancel your order.
5.1. The fees for the services shall be as set out on NCA Guides website or as communicated to you over the telephone at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchased our services and or course materials, the fees are exclusive of GST or other local taxes. These extra charges will be set out on our website or communicated to you over the telephone prior to your purchase of our services and course materials.
5.3. Save where specifically stated otherwise on the website, all fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the service selected by you on the website or purchased over the telephone shall be debited from your credit/debit card at the time of purchase. Fees must be paid in full prior to you attending any online course.
5.5. Any fee(s) charged by your debit or credit card provider in connection with your purchase of services are for your own account and NCA Guides shall not be responsible for this.
5.6. You shall be responsible for all costs you incur in connection with your attendance of any of our online Course.
6.1. Although NCA Guides aims to provide the services to the highest standards of the industry, neither it, nor its tutors accept any liability for (i) any inaccuracy or mistakenly misleading information provided in the programmes or course materials and any reliance by student on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.2. NCA Guides total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the fees received by us in connection with the relevant online or course material(s) in relation to which a dispute arose.
6.6. No claim may be brought after thirty (30) days from the last date on which the services concerned has ended or ceased to be provided by us.
- Intellectual Property
7.1. All Intellectual Property Rights in the course materials, online courses and the speeches made by tutors at the online classes are, and remain, the intellectual property of NCA Guides or its licensors, whether adapted, written for or customised for the student or not.
7.2 By accepting this terms and conditions, you agree to your being recorded during our online classes and such video recording which remains the property of NCA Guides can be used for marketing and publicity purposes.
7.3. You are hereby prohibited from doing the following:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the course materials without prior written permission of NCA Guide.
(ii) record on video or audio tape, relay by videophone or other means the online course.
(iii) use the course materials in the provision of any other course or training whether given by us or any third party tutor or share our course materials in whatever form, whether in hard or soft copy or ;
(iv) remove any copyright or other notice of NCA Guides on the course materials.
Breach by you of this clause 7.2 shall lead to immediate termination of all contract existing you and NCA Guides in relation to the online tutorial services and NCA Guides may take further step to report such unethical conduct to the law society.
7.4. In consideration of the fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the course materials for the sole purpose of completing the online course and same must not be shared with anyone in whatever form.
7.5 NCA Guides reserves the right to determine whether or not to make recordings of sessions available to you.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
8.2. Either party may disclose confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of this terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any services with immediate effect in the event that you:
fail to pay the agreed fees as at when due;
act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of NCA guides, any tutor who provides the online courses or any student who attends any of the online courses;
cheat or plagiarise any work which you are required to prepare or submit in connection with the services or during any examination taken in connection with the Services;
acts in any fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our courses;
intentionally or recklessly damage our property or the property of our employees or other students attending our online classes;
are in breach of this terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
- Entire Agreement
These terms and conditions, together with the website disclaimer and course Specific terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
- Force Majeure
NCA guides shall not be liable to you for any breach of its obligations or termination under this terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, pandemics and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by unexpected emergency situation faced by the tutor, illness of the tutor, Government edict or regulation.
- Data Protection
13.1 The nature of the services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the services, you agree to this Use.
13.2 When you register with us you will need to provide certain data such as your contact details and demographic information. We will store this data and use it to contact you, provide you with details of the services you have purchased and otherwise as required during the normal delivery of the course.
13.3 We may also use the above data, and similar data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of NCA guides,
13.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
13.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
13.6. NCA Guides will endeavour to take all reasonable steps to protect your personal data including the use of encryption technology but cannot guarantee the security of any data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
13.7. If you wish to change or update the data, we hold about you, please e-mail us at email@example.com or contact us on +1(587) 848-8044.
- Law and Jurisdiction
This Agreement is subject to the Canadian law and the parties submit to the exclusive jurisdiction of the Canadian courts in connection with any dispute hereunder.
You can contact us via any of the following methods:
Post: NCA guides. No 99, Copperstone PK SE Calgary, Alberta.
Telephone: +1(587) 848-8044