Terms and Conditions – VICI Services
Welcome to VICI LEARNING, Your BC-based online tutoring service. Please read these terms and conditions (the “Terms and Conditions” or “Agreement”) carefully before using any and all of Our Services.
1. Acceptance of Terms
1.1 ACCEPTANCE OF TERMS:
a. These Terms and Conditions comprise an electronic contract that establishes the legally binding terms and conditions You must accept when purchasing, accessing or using Our Services. The term “You”, “Your”, “User” “Client” refers to any individual that purchases or uses any of our Services.
b. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all users who purchase, access or use Our Services.
c. By accessing or using Our Services you accept and agree to the terms, conditions and notices contained or referenced herein and consent to have the terms, conditions and all notices provided to you in electronic form. If You disagree with any part of these Terms and Conditions, We reserve the right to cancel or terminate Your access to our Services (or any part thereof) and/or your user account, if any.
d. Your access to and use of the Service is also conditioned on your acceptance of and compliance with the VICI LEARNING Privacy Policy, which is available at www.vicilearning.ca/page/privacy-policy.
2. Definitions
2.1 DEFINITIONS:
a. For the purposes of these Terms and Conditions:
● “Account” means a unique account created for You to access Our Services or parts of Our Services.
● “Company”, "We", "Us" or "Our" means VICI LEARNING and our agents and affiliates.
● “Student” means the person receiving the Services from the Tutor including but not limited to the Client or any person whom the Client is parent or guardian to.
● “Tutor” means the person providing the Services.
● “Service” means to any and all services offered by the Company including but not limited to tutoring sessions, educational content, consultations, meetings, or evaluations.
● “Credit” or “Session Credits” means the hour credits purchased and used by the Client to book sessions with the Tutor. See the Session Credits section below for more details.
● “Content” means content such as text, images, or other information that is shared in print or digital format by Us, You, or anyone in regards to the Service including but not limited to emails, pdf, webpage.
● “Device” means any device that can access Our Services such as a computer, a cell phone or a digital tablet.
● “Website” means vicilearning.ca.
3. Term
3.1 TERM:
a. The term of this Agreement (the "Term") will begin on the date of the first transaction or purchase by You of any Service and will remain in full force unless terminated in accordance with the termination provisions of this Agreement.
3.2 RENEWAL:
a. This entire Agreement is automatically renewed in full force and effect by a repurchase of any Service by You or resumption of sessions by the Student at any point in time.
4. VICI LEARNING Services
4.1 COMPLIMENTARY CONSULTATION & TUTOR MATCHING SERVICES:
a. VICI LEARNING offers a complimentary thirty (30) minute consultation session to understand and document the Student’s challenges, needs, and objectives, to recommend the most suitable Tutor for the Student.
b. VICI LEARNING will do the best it can to find a suitable and available Tutor for the Student in a reasonable time agreed upon by both parties but makes no guarantees.
4.2 TUTOR AVAILABILITY:
a. We understand the importance of consistency and routine for families and Students. We will do our best to maintain a consistent schedule to accommodate the Student’s needs, however, Tutor availability may change from time to time in which case, the Tutor and/or VICI LEARNING will provide a minimum of two ( 2) weeks’ notice to the Client before any changes to a Student’s schedule take effect.
4.3 SESSION CREDITS:
Tutoring sessions are sold in the form of digital online Credits via the Website, whereas one (1) Credit equals sixty (60) minutes of tutoring time. See the Payments section below for more details.
VICI LEARNING tutoring sessions must be booked online via the Website whether the sessions are in-person or online.
Session Credits are non-transferable and have no expiration date.
4.4 TUTORING SESSIONS:
a. Tutoring sessions can be booked for a minimum of sixty (60) minutes or a maximum of one hundred twenty (120) minutes and are charged in thirty (30) minute intervals.
b. Online Sessions:
VICI LEARNING online Services are provided via Microsoft Teams or similar virtual meeting provider, and are recorded with the permission of the Client.
For the safety of our students, any online sessions which are recorded are made available only to the Client and approved VICI LEARNING staff for reference. Clients are not allowed to distribute or share these recordings. These recorded sessions will be deleted after three (3) months unless otherwise requested. If you have any concerns, please refer to VICI LEARNING Privacy Policy for more details.
c. In-Person Sessions:
Tutoring sessions held at the designated VICI Learning location will be supervised by qualified VICI employees and volunteers.
The Client and the Tutor can mutually decide on a different appropriate location and tutoring space to hold the in-person session.
A guardian must be present on the premises at all times during the tutoring session with any minor unless the Client provides a written consent to VICI LEARNING for the Tutor to provide the tutoring session in a public space to a minor without the presence of a guardian.
In-person tutoring sessions are not eligible for session recordings.
4.5 DAY CAMPS:
By enrolling in our Learn & Play Day Camps, you acknowledge and agree that participation is subject to our Day Camps Service Agreement, which outline policies regarding cancellations, refunds, behavior expectations, and liability waivers. Payment for the program constitutes acceptance of these terms. Please review the full agreement here: https://www.vicilearning.com/day-camp-service-agreement
5. Client Responsibilities
5.1 RESCHEDULING & CANCELATION:
a. The Client may cancel sessions by giving at least twenty four (24) hours’ notice to the Tutor and VICI LEARNING in which case the Session Credits for that session will be reissued and refunded to the Student’s account. VICI LEARNING reserves the right to not reissue the Session Credit for sessions canceled or rescheduled by the Client with insufficient notice.
b. The Tutor may cancel sessions by giving at least twenty-four (24) hours’ notice to the Client in which case the Session Credits for that session will be refunded. If the Tutor does not provide sufficient notice the Client will receive the refund regardless.
5.2 TUTOR CHANGE/SUBSTITUTE:
a. The Client may request to change Tutors at any point in time by providing two (2) weeks’ notice to VICI Learning and their current Tutor.
b. Tutors must give two (2) weeks’ notice to the Client and VICI Learning if the Tutor will no longer be able to provide tutoring to the Student.
c. If the Tutor will be temporarily unavailable, the Tutor must give two (2) weeks’ notice to VICI Learning and the Client. The Client may request a substitute Tutor in which case VICI Learning will, to the best of its ability, find and assign a substitute Tutor on time.
5.3 CONCERNS & FEEDBACK:
a. Any concerns or feedback related to the Tutor or VICI LEARNING Services are to be communicated to VICI LEARNING using the contact information provided in the Notices section below as soon as possible to allow VICI LEARNING the opportunity to resolve the matter to the best of its ability in a timely manner. VICI LEARNING will not be liable for any concerns, dissatisfaction, or issues if not communicated by the Client in a timely manner.
5.4 SCHOOL MATERIAL & RESOURCES:
a. VICI LEARNING and the Client will work together to ensure the teaching and educational material are available to the Tutor and in accordance with the local curriculum.
b. It is the Client’s responsibility to share any required material, exam schedule, test requirements, and any other material or information critical to ensure the Student’s academic success with the Tutor and VICI LEARNING.
c. It is recommended for the Client to provide VICI LEARNING and the Tutor with any supplemental educational material provided by the Student’s school or their teacher including but not limited to assignment instructions, access to academic online platforms, or teachers’ feedback.
5.5 ASSIGNED HOMEWORK & READINGS:
a. VICI LEARNING will do its best to provide the Student with the necessary tools, teaching, and resources to succeed. In return, the Client agrees to the best of their ability and within reason to ensure the Student completes their assigned homework and readings as instructed by the Tutor.
5.6 TUTOR SOLICITATION:
a. Clients will not seek in any way to persuade or entice any Tutor to leave VICI LEARNING and are prohibited from engaging directly or indirectly in any solicitation activity involving Tutors at VICI LEARNING including the recruitment, solicitation or hiring of any Tutors without written approval from approved VICI LEARNING staff.
5.7 MINOR STUDENTS & GUARDIAN REQUIREMENTS:
a. If the Student is a minor as defined in the province of British Columbia, Canada, the Student’s guardian must approve and give permission to VICI LEARNING to provide Services to the Student.
b. The Parent or Guardian must be present at the premises with the student at all times during the tutoring sessions.
5.8 USER ACCOUNTS:
a. When You create an account with VICI LEARNING, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your account on our Service.
b. A Client may use a single account for multiple Students but may not share the account and password with anyone else.
c. You are responsible for safeguarding the password that You use to access the Account and/or Service.
d. You may not use as a username the name of another person or entity, a name that is not lawfully available for use, a name that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is offensive, vulgar or obscene.
6. Billing & Payments
6.1 PAYMENTS:
a. Session Credits must be purchased prior to booking sessions. Each session Credit is equivalent to 60 minutes of tutoring time and may be purchased online via (i) accepted Credit Cards, (ii) e-transfers, or (iii) cash.
6.2 REFUNDS:
a. Users may request a full refund within thirty (30) days of purchase if (i) none of the Credits they purchased have been used or (ii) they express dissatisfaction within twenty four (24) hours after the first session, in which case full refund will be issued, or (iii) they express dissatisfaction after four (4) sessions, in which case only the remaining Credits will be refunded. If more than thirty (30) days have passed since the initial purchase, VICI LEARNING, in its sole discretion may offer the Client a full or partial refund if any.
6.3 DAY CAMP BILLING & PAYMENTS:
a. The Billing & Payment Policy for the Day Camp can be found here.
7. Notices
7.1 NOTICES:
Notices and other communications in connection with these Terms and Conditions shall be in writing by email or mail, unless otherwise agreed to by the parties.
Contact information for VICI LEARNING: Contact Information for Client:
Telephone: 236.591.9436 The contact information provided by the
Email: admin@vicilearning.com Client when setting up their user Account.
Address: 103 - 773 SIXTH Street, New Westminster, V3L 3C6
8. Termination
8.1 TERMINATION:
a. This Agreement may be terminated by either party:
without cause, with thirty (30) days’ written notice; or
immediately and without notice if either party breaches a term of this Agreement and does not cure said breach within five (5) days of receiving notice.
b. This Agreement automatically terminates if three (3) months [2] have elapsed since the Student's last tutoring session.
c. Upon termination, your right to use the Service will cease immediately.
9. Disclaimers
9.1 STUDENT PERFORMANCE DISCLAIMER:
a. VICI LEARNING to the best of its ability will provide the Student with all the tools, resources, teaching, and support to help the Student succeed academically. However, VICI LEARNING does not make any guarantees with regards to Student performance and will not be liable for a Student’s failed exams, poor or declined performance, or missed assignments.
9.2 SERVICE DISCLAIMER:
b. Neither VICI LEARNING nor any of the Tutors makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, or other harmful components.
10. Limitation of Liability
10.1 LIMITATION OF LIABILITY:
a. You agree that neither We nor Our subsidiaries, parents, affiliates, and each of Our and their directors, officers, managers, partners, agents, other representatives, employees and customers will be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Service, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability, or losses arising from, relating to, or connected with:
the use or inability to use the Service;
disclosure of, unauthorized access to, or alteration of Your Account;
actions or inactions of other users or any other third parties for any reason; or
any other matter arising from, relating to, or connected with the Service or these Terms and Conditions.
b. You acknowledge and agree that these limitations of liability are an agreed upon allocation of risk between You and Us. You acknowledge and agree that if You did not agree to these limitations of liability, You would not be permitted to access and use the Services. You acknowledge and agree that such provisions are reasonable and fair.
11. Indemnification
11.1 INDEMNIFICATION:
You agree to defend, indemnify and hold Us, and Our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of Your use of the Service, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by You in connection with any user of the Service or any other third party, or alleging facts or circumstances that could constitute a breach by You of any provision of these Terms and Conditions.
12. Dispute Resolution
12.1 DISPUTE RESOLUTION:
a. In the event a dispute arises out of or in connection with these Terms and Conditions, the parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period, then any or all outstanding issues will be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by us in writing, either party may commence a legal action in any British Columbia court.
13. General
13.1 GOVERNING LAW:
a. These Term and Conditions shall be governed by, and construed under, the laws of the Province of British Columbia.
13.2 SEVERABILITY:
a. If any provision of these Term and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
13.3 WAIVER:
a. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
13.4 FORCE MAJEURE:
a. Either party shall be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: default of subcontractors or suppliers; failures or default of third party software, vendors, or products; acts of Nature or of the public enemy; governmental actions; health issues; strikes; communications, network/internet connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.
13.5 ENTIRE AGREEMENT:
These Terms and Conditions constitute the entire agreement between you and us with respect to Your purchase or use of Our Services. These Terms and Conditions supersede and cancel all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and us with respect to Your purchase, access or use of Our Services.
14. Changes to the Terms and Conditions
14.1 CHANGES TO TERMS AND CONDITIONS:
a. VICI LEARNING reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. Any modifications We may make to our Terms and Conditions in the future will be posted on our Website. All new, amended, or otherwise modified terms will become effective immediately upon posting on the Website. We shall notify you of any modifications to the Terms through notices on the Website, by email, or by both. If a revision is material VICI LEARNING will make reasonable efforts to provide at least two-weeks’ notice prior to any new terms taking effect. What constitutes a material change will be determined at VICI LEARNING’s sole discretion.
b. By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please notify Us as soon as possible and refrain from using our Services until an agreement between the parties is reached.
c. The date these Terms and Conditions were last revised is identified on the top or bottom of this page. Please bookmark this page and check back frequently to see any updates or changes to our Terms.
15. Contact Us
15.1 CONTACT US:
a. If you have any questions about this Service Agreement Terms and Conditions, You can contact us by visiting www.vicilearning.com/contact-us or using the contact information provided in the Notices above.