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Clique Canada welcomes you to www.cliqueducation.ca (the “Site”). This Terms of Use agreement is a legally binding contract between you and Clique Canada. Once you accept the Terms of Use you are accepting all conditions and terms herein. These Terms of Use, the Privacy Policy and the Copyright Policy posted on our site set out the terms on which we offer you access to and use of our site (including browsing the Site), services, applications and tools (collectively "Services"). All policies referred to above are hereby incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services on the Site.


Fees and Payments

Members who purchase from Boutiques (the “Buyer”) and Members who sell from their Boutiques (the “Seller”) may be required to pay the following types of fees: Service Fees, Transaction Fees and Mentorship Fees.

  • Payouts and Transaction Fees
    Sellers will receive 80% of their listed sale price for each digital resource/lesson plan. All lesson plans uploaded to the site are owned by the creator and no other party.
    The Transaction Fee will not apply to the sales tax which will be generated upon completion of the transaction. The Buyer will pay the PayPal Transaction Fee for purchasing the Resource and/or Lesson from the Boutique upon agreement of the Buyer. Once the transaction is complete, Clique Canada will deduct applicable Fees and will distribute money due to the Seller immediately.
    If a Member is in violation of the Terms of Use in any form (copyright infringement, prohibitive content, damaged electronic file, etc.), Clique Canada reserves the right to withhold funds that would otherwise be due to a Member under these Terms of Use and either keep those funds permanently, or refund them to a Buyer who has purchased content. All funds due to the Seller will be distributed to their PayPal accounts immediately upon processing. Clique Canada reserves the right to alter payment methods as we deem fit through our Service. Clique Canada is in no way affiliated with our payment processor and we are not responsible for delays or complications caused by them. Buyers who are purchasing Resources and/or Lessons from a Seller are required to pay a PayPal Transaction Fee associated with the purchase.
    For each item of Digital Content you upload, you agree to provide your authorization to Buyers, in the form of the statement below, stating that you provide permission to print and make copies of free and purchased resources (agreeing to the Terms of Use before uploading content for sale or for free): "The holder of this receipt is authorized by the owner or creator of the materials listed below, to print and/or make copies of these materials for personal use and/or classroom instruction."
  • Service Fees
    Sellers may be charged fees for the use of our Services and must have an Account with Clique Canada. These Service Fees include royalties from each transaction (Transaction Fees) through the sale of any teaching material (Resource, Lessons).


Privacy

Your privacy is important to you and therefore important to us. Please visit our Privacy Policy which details how your information is used when you use our Services. By accepting these Terms of Use you also agree to be bound by our Privacy Policy which is hereby incorporated into this Terms of Use.


Your Account – Member or Visitor

You will need to create an account with Clique Canada in order to access at least a portion of our Services. This account will require you (the “Member”) to provide an email address and a password to create a Member account (your “Account”). You are responsible for maintaining the confidentiality of your Account including any information having to do with your password, and access to your computers or mobile devices with saved passwords. You agree to accept all responsibility for all activities that occur under your Account. If you are under 18, you may access content in the Services, but must be supervised by a Parent or Legal Guardian. Clique Canada reserves the right to refuse services, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Visitors to the Site that do not create an Account may also access a portion of our Services, however such visitors agree to and must abide by the aforementioned details above and this Terms of Use.


Using Clique Canada Services

We grant you (whether you have an Account, or are a visitor) a limited, non-exclusive, non-transferable and revocable license to use our Services subject to the Terms of Use and the following restrictions:

  • You must not break or violate any provincial, national, or international laws or our Prohibited Content Policy, and Copyright Policy;
  • You must be completely transparent while using our Services;
  • You must not infringe any third-party legal rights;
  • You must not distribute, provide or offer spam, chain letters, or pyramid schemes while using the Services;
  • You must not distribute viruses or any other technologies that may harm Clique Canada or the interests or property of Clique Canada users;
  • You must not impose an unreasonable load on our infrastructure or interfere with the proper working of Clique Canada;
  • You must not copy, modify, or distribute any other person's content without their express written consent;
  • You must not use any robot, spider, scraper or other automated means to access Clique Canada and collect content for any purpose without our express written consent;
  • You must not harvest or otherwise collect information about others, including but not limited to personal information and/or email addresses, without their express written consent;
  • You must not bypass measures used to prevent or restrict access to Clique Canada.


Third Party Links and Information

Clique Canada may use third party links to provide access to other types of information, resources, video, social media, and curriculum. You agree that Clique Canada is not responsible for any of the information accessed or displayed, or the accuracy of the information, content, terms of use, privacy policies, copyright policies, or authenticity of the content or any other information that is provided by the third party link. Any access to the links provided in our Service is used at your own risk and you assume all responsibility and consequence related to accessing such third party links.


Sharing information with and registration with social media sites

Clique Canada may offer login capabilities using a third party site (such as Facebook, Twitter, Instagram, Snapchat, Google Plus, etc.) that is not affiliated with Clique Canada, but allows access to our website using your login credentials of that third party site. We may also offer Services that may allow you to share information via these social media sites. If you grant Clique Canada access to your information on third party websites, the access to this personal information will vary per website and will be determined by your own browser settings and consent. If you choose to connect a third party account to your Clique Canada account and you consent to us accessing the information contained within these third party accounts, you agree that we can use, collect, and store information from this third party website in accordance with our Privacy Policy.


Communication, Review of products, Posts, General Communication, and Other Content

You hereby confirm that content that you post while using our Services belongs to you (“Your Content”). Clique Canada does not make any claim to Your Content. This includes, but is not limited to anything that you post using our Services (such as but not limited to profiles, usernames, boutique names, pictures, photos, listing photos, description of listings, comments, reviews, video, etc.). You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you have complied with our Copyright Policy and are not infringing or violating any third party’s rights by posting it. You and visitors may post reviews, comments, photos, videos, submit suggestions, ideas, questions, so long as the content is Your Content, not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, and does not contain or consist of software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead others or Clique Canada.
If you do post content through the use of our Services, you hereby grant Clique Canada a license to Your Content. Clique Canada does not claim ownership to Your Content, but uses it with your permission to help Clique Canada grow as a company and provide better services for their users. By doing this, we can help promote Your Content and help our users grow as well. When you post content through the use of our Services, you are hereby granting us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. We reserve the right to remove content where we have grounds for suspecting a violation of these Terms of Use, or the rights of any other party. At no time do we own the Intellectual Property of our members.


Copyright Policy

Clique Canada respects the hard work and dedication of our Members, and respects the intellectual property rights of our Members and other third parties. We require our Members to do the same. It is our responsibility to remove any work that Members, or other third party entities deem inappropriate and an infringement of their intellectual property rights or other copyright laws. Please see our Privacy Policy for further information.


Prohibited Content Policy

Clique Canada provides a safe, professional, collaborative environment for our Members. We take our Prohibited Content Policy very seriously and expect that our users and Members do the same. The following types of items are some of the materials that are restricted or prohibited by Clique Canada on the Site:

  • Hate Items: Items that Promote, Support, or Glorify Hatred
  • Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
  • Internationally Regulated Items
  • Pornography and Mature Content
  • Violent Items: Items that Promote, Support, or Glorify Violence
  • Any copyright material that violates national and international copyright law), and other industry best practices (please see our Copyright Policy for further information).


Warranties and Limitations of Liability (Things you cannot sue us for)

Clique Canada takes no responsibility and assumes no liability for any content posted by you or by any third party on the Site. We provide the venue, and the items in the boutiques within our Service are for sale and sold by independent sellers. Therefore, Clique Canada cannot and does not make any warranties about the quality or legality of these items. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Clique Canada from any claims related to items sold through our Services, including but not limited to defective items, misrepresentations by sellers or items that cause physical injury (product liability claims).


Indemnification (What happens if you get us sued?)

If Clique Canada is sued because of the actions of one of its Members, visitors or users, that Member, visitor or user agrees to defend and indemnify Clique Canada. This Member, visitor or user will defend Clique Canada (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from the Member, visitor, or users actions, use (or misuse) of our Services, breach of the Terms of Use or infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to make all reasonable efforts to cooperate with Clique Canada in exercising our defense.


Changes to Terms of Use

Clique Canada may update or make alterations to the Terms of Use from time to time. If we believe that the changes are material, we will let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. This will allow you to decide if you wish to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated or altered Terms of Use.