Terms of Service - Boreal Portuguese Language Academy Inc.
Effective Date: [Insert Effective Date]
1. Introduction and Acceptance of Terms
These Terms of Service (the "Terms") constitute a legally binding agreement between you, the user, client, or participant ("you" or "Client"), and Boreal Portuguese Language Academy Inc. ("Boreal Portuguese Language Academy Inc.", "we", "us", or "our"), a Portuguese-learning service provider located at 2140 Dundas Street West, Suite 302, Toronto, ON M6R 1X3, Canada.
By accessing our website, registering for classes, purchasing any service, attending a lesson, or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable policies referenced herein. If you do not agree to these Terms, you must not use our services.
These Terms apply to all services offered by Boreal Portuguese Language Academy Inc., including beginner Portuguese classes, intermediate and advanced conversation courses, private one-on-one tutoring, corporate Portuguese training, online live Portuguese lessons, pronunciation and accent coaching, and Portuguese for travel and relocation.
2. Scope of Services
Boreal Portuguese Language Academy Inc. provides Portuguese-language instruction and related educational services, which may be delivered in person, online, or in a hybrid format. Services may include:
- Beginner Portuguese classes;
- Intermediate and advanced conversation courses;
- Private one-on-one tutoring;
- Corporate Portuguese training;
- Online live Portuguese lessons;
- Portuguese pronunciation and accent coaching;
- Portuguese for travel and relocation.
We may modify course content, format, duration, schedule, instructors, technology platforms, or delivery methods at our discretion, provided that such changes do not materially reduce the nature of the service purchased without reasonable notice where practicable.
We do not guarantee that any specific learning outcome, fluency level, certification, immigration result, employment opportunity, or business outcome will be achieved as a result of participating in our services.
3. User Obligations and Responsibilities
You agree to:
- Provide accurate, complete, and current information during registration, enrollment, and payment;
- Attend classes or sessions on time and prepared to participate;
- Maintain respectful and professional conduct toward instructors, staff, and other participants;
- Use our materials, platforms, and services only for lawful purposes;
- Ensure that any devices, internet connection, software, or other technical requirements needed to access online services are available and functioning;
- Notify us promptly of any scheduling issues, accessibility needs, or concerns affecting your participation;
- Comply with any house rules, classroom rules, code of conduct, or platform-specific rules communicated by us.
You must not disrupt classes, harass or abuse instructors or other participants, record sessions without prior written consent where required, infringe intellectual property rights, attempt unauthorized access to our systems, or use our services in any manner that violates applicable law.
For corporate training or group programs, the contracting business or organization is responsible for ensuring that its participants comply with these Terms.
4. Payment Terms and Conditions
Fees for services are set out at the time of purchase, enrollment, or in a written quotation or invoice issued by Boreal Portuguese Language Academy Inc. Unless otherwise stated, all fees are quoted in Canadian dollars (CAD).
- Payment may be required in advance to confirm enrollment or reserve a session.
- We may offer installment plans or subscriptions, if disclosed in writing.
- All applicable taxes, including HST/GST or other taxes required by law, will be added where applicable.
- Failure to pay on time may result in suspension, cancellation, or refusal of services.
- Bank charges, foreign exchange fees, chargeback fees, or other third-party fees are your responsibility unless caused by our error.
If a payment method is declined, reversed, or subject to a chargeback, we reserve the right to suspend services until the outstanding amount is paid in full. Where services are purchased through a third-party payment processor, that processor’s terms may also apply.
5. Cancellation and Refund Policy
Cancellations and rescheduling are subject to the policy communicated at the time of booking and, unless otherwise stated in writing, the following general rules apply:
- Private lessons and tutoring sessions require reasonable advance notice for rescheduling or cancellation.
- Late cancellations or missed sessions may be charged in full at our discretion, except where prohibited by law.
- Group classes and term-based programs may be non-refundable once the course has commenced, except as required by applicable law or expressly stated otherwise in writing.
- Corporate training engagements may be subject to separate written cancellation terms in the service agreement or invoice.
- If we cancel a scheduled class or session and cannot reasonably reschedule it, we may, at our discretion, provide a refund, credit, or alternative session.
Refunds, if approved, are typically processed using the original payment method within a reasonable period. Any administrative fees, non-recoverable transaction costs, or partially completed services may be deducted to the extent permitted by law.
Nothing in this section limits rights that may be available to consumers under applicable Canadian consumer protection legislation.
6. Liability Limitations
To the fullest extent permitted by applicable law, Boreal Portuguese Language Academy Inc., its directors, officers, employees, contractors, instructors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising from or related to your use of the services.
Our total aggregate liability for any claim arising out of or relating to the services or these Terms shall be limited to the amount paid by you for the specific service giving rise to the claim in the twelve (12) months preceding the event giving rise to the claim, or such other amount as may be required by applicable law.
We do not warrant that services will be uninterrupted, error-free, secure, or available at all times, particularly for internet-based or third-party platform services. You are responsible for backing up your own information and ensuring that your own systems meet access requirements.
Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for gross negligence, fraud, or willful misconduct where such exclusion is prohibited.
7. Intellectual Property Rights
All materials provided by Boreal Portuguese Language Academy Inc., including lesson plans, worksheets, audio recordings, video content, presentations, exercises, written materials, logos, course outlines, digital content, and software or platform configurations, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
- You receive a limited, non-exclusive, non-transferable, revocable license to use course materials solely for your personal or internal business learning purposes, as applicable.
- You may not reproduce, distribute, publish, sell, sublicense, or create derivative works from our materials without our prior written consent.
- Recording, screenshotting, copying, or sharing live sessions or materials may be prohibited unless expressly authorized in writing.
- Any feedback, suggestions, or ideas you provide to us may be used by us without restriction or compensation, unless otherwise agreed in writing.
Any third-party content used in our services remains the property of its respective owner and may be subject to separate license terms.
8. Data Protection and Privacy
We collect, use, disclose, and retain personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and any applicable provincial privacy legislation.
Personal information may be used for purposes including registration, communication, scheduling, payment processing, service delivery, improvement of services, compliance, and, where permitted, marketing. We take reasonable administrative, technical, and physical safeguards to protect personal information from unauthorized access, disclosure, alteration, or destruction.
By using our services, you consent to the collection, use, and disclosure of your personal information as described in our privacy practices and as reasonably necessary to provide the services. If we rely on third-party service providers, your information may be processed by those providers in accordance with their own terms and privacy policies, subject to applicable law.
If you provide personal information about another person, you represent that you have the authority and/or consent to do so.
9. Force Majeure
Boreal Portuguese Language Academy Inc. shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond our reasonable control, including but not limited to natural disasters, severe weather, fire, flood, epidemics, pandemics, government restrictions, labour disputes, power outages, internet or telecommunications failures, cyber incidents, venue unavailability, or acts of war, terrorism, or civil unrest.
In the event of force majeure, we may suspend, reschedule, modify, or substitute services as reasonably necessary.
10. Changes to Terms
We may update or revise these Terms from time to time to reflect changes in our services, operations, legal requirements, or business practices. The updated Terms will be effective upon posting or on another effective date specified by us.
Your continued use of the services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the services.
11. Applicable Law and Jurisdiction
These Terms and any dispute arising out of or relating to them, the services, or your relationship with Boreal Portuguese Language Academy Inc. shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Subject to any mandatory consumer protection law or other non-waivable legal rights, you agree that the courts located in Toronto, Ontario shall have exclusive jurisdiction over any dispute arising from or related to these Terms or the services.
12. Contact Information
If you have questions, concerns, or requests regarding these Terms or our services, please contact:
Boreal Portuguese Language Academy Inc.
2140 Dundas Street West, Suite 302
Toronto, ON M6R 1X3
Canada
Email: [email protected]
Phone: +1 (416) 789-4625
13. Severability Clause
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect to the extent permitted by law.
The failure of Boreal Portuguese Language Academy Inc. to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
By using our services, you acknowledge that you have read, understood, and agreed to these Terms of Service.