Terms and Conditions

Last Updated: November 12, 2024

Please read these Terms of Use (the “Terms“) carefully, as they govern your use of and access to the BIA platform (the “Platform“), including all user manuals and guides relating to the Platform (the “Documentation“), which  are provided to you (“you” or “your“) by Bia Formations Inc. (“BIA“). For clarity, these Terms apply to any user of the Platform, access to whom you are provided through a license entered into between you and BIA under these Terms, or any other person who lawfully controls the linking of your user account to a business account (the “Business Account Holder“).

To the extent permitted by law, we reserve the right, in our sole and absolute discretion, to modify these Terms, or any part thereof, at any time. In such event, BIA will provide you with reasonable notice prior to the amended Terms becoming effective. The amended Terms will be effective upon posting and will apply to your use of the Platform from that point forward.

THESE TERMS CONSTITUTE A BINDING AGREEMENT REGARDING YOUR USE OF THE PLATFORM. BY CLICKING THE “ACCEPT” BUTTON, YOU: (I) CONFIRM THAT YOU HAVE READ AND UNDERSTOOD EACH OF THE TERMS OF THESE TERMS; (II) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS; AND (III) IF APPLICABLE, REPRESENT THAT YOU ARE DULY AUTHORIZED BY THE ENTERPRISE ACCOUNT HOLDER TO ACCESS AND USE HIS/HER ENTERPRISE ACCOUNT ON THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “ACCEPT” BUTTON. IN THIS CASE, YOU WILL HAVE NO RIGHTS IN CONNECTION WITH THE PLATFORM AND YOU MUST NOT ACCESS OR USE IT.

1. LICENSE GRANT. Subject to your strict compliance with these Terms, BIA hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use and access solely in accordance with the Documentation and, where applicable, for the business purposes of the Business Account Holder. The foregoing license will commence whichever comes first: (i) if applicable, the license to the Business Account Holder terminates or is terminated; (ii) when you stop using the Platform and make the request to delete your account ; or (iii) when, upon reasonable notice, you cease to be authorized by BIA to use the Platform for any reason. For clarity, when your account is associated with a Business Account Holder’s account, the termination of your business and/or employment relationship with the Business Account Holder or the expiration or termination of the license granted by BIA to such Business Account Holder, automatically results in the revocation of your license to use the Platform. In such a case and subject to compliance with these Terms, your user account will, within thirty (30) days following one of its eventualities, be automatically deleted from the Business Account Holder’s business account and you will automatically lose your access to your Content (as defined below) and the various features available on the Platform (as defined in Article 4.2).

2. USER ACCOUNT

2.1. Creating an account. Certain features of the Platform require the creation of a user account. If you create an account, you must complete the registration process by providing BIA with current, complete, and accurate information as prompted by the applicable registration form, or as prompted by the Business Account Holder, as applicable. You should also choose a unique username and a secure password. In the event of a breach of this paragraph, BIA may terminate your right to access and use the Platform, in its sole and absolute discretion.

2.2. Account Responsibility. You are solely responsible for maintaining the confidentiality of your password and account. In addition, you are fully responsible for all activities that occur under your account. Where applicable, you agree to immediately notify BIA of any unauthorized use of your account or any other breach of security.

2.3. Privacy Policy. Any collection and use of your personal information through the Platform is governed by our Privacy Policy,  which forms an integral part of these Terms. In the event of a conflict between the terms of the Terms and the terms of the Privacy Policy with respect to the collection and use of your personal information, the terms of the Privacy Policy shall prevail.

2.4. Account security. While we use commercially reasonable security measures to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to breach the Platform’s security measures or make improper use of your personal information.

2.5. Liability for misuse of account. To the extent permitted by law, BIA will not be liable for any loss, including loss of data associated with your account, that you may suffer as a result of someone else using your password or account (whether without your knowledge or not), including any loss of data associated with your account,  provided, however, that such losses do not arise from a breach of BIA’s obligations hereunder or at law. You may be held liable for losses incurred by BIA, or another party, as a result of someone else using your account or password. Notwithstanding the foregoing, you are fully responsible for any information entered or uploaded by you to the Platform, and you release BIA from any liability in this regard.

2.6. Use of Other Accounts. You may not, at any time, use someone else’s account except, where applicable, with the permission of the account holder as his duly authorized agent.

2.7. Account deletion. BIA reserves the right to delete any account that is no longer required upon notice by you or that is inactive for a period of more than twelve (12) months. An account is considered inactive if it is no longer linked to any Enterprise account held by a Business Account Holder, where applicable, or if you have not logged in to the Platform for more than twelve (12) months. Where applicable, BIA reserves the right to delete any account that has become useless and is attached to the Business Account Holder’s account, upon notification to the Business Account Holder.

3. PRICING, BILLING AND PAYMENT

3.1. Prices and taxes. BIA may charge a fee for access to the content and features of the Platform. The price is the price displayed by BIA in the Platform for the purchase of a course, a membership and other paid features. Unless otherwise specified, the prices of products listed on the Platforms do not include applicable federal or provincial sales taxes. Applicable taxes will be shown separately in your order summary.

3.2. Payment Terms. You will be required to pay all charges to your account at the rate in effect for the billing period in which they were incurred. You will also be required to pay all applicable taxes in connection with the use of the Platform through your account. To process your payment, we use the transactional platforms Stripe or Affirm. You will be subject to the terms of use of these transactional platforms when you make your payment. BIA only accepts payments made by credit card in accordance with the terms and conditions required by the Stripe and Affirm transactional platforms.

3.3. Currency. Unless otherwise indicated on the Platform, all prices displayed on the Platform are in Canadian dollars.

3.4. Delivery. With the exception of certain special situations such as pre-sales and webcasts, memberships and courses are made available on the Platform by BIA, as soon as payment is received.

3.5. Trial period. As part of a membership, BIA may, at its sole and absolute discretion, offer a trial period in order to access the Platform. In such event, the terms and conditions applicable to such trial period, including its duration, will be specified directly via the BIA website and/or communicated to you. During the trial period, no fees will be due, unless otherwise specified by BIA. During the trial period and notwithstanding any express provision to the contrary in the Agreement, the Platform is provided “as is” without warranty of any kind and BIA disclaims all liability in connection with the use of the Platform during a trial period.

4. USE OF THE PLATFORM

4.1. Access and Use. Subject to your strict compliance with these Terms, BIA authorizes you to access and use the Platform in accordance with the Documentation, only in accordance with Section 1 above.

4.2. Features. Subject to your strict compliance with these Terms, the Platform allows you to, where applicable, (i) view and purchase online training courses; (ii) purchase a membership that includes access to webinars and abstracts of scientific articles; (iii) ensure a high level of compliance and security of your information and the Business Account Holder’s data, if applicable; (iv) access different sources of external training; or (v) post or apply for job postings through the Platform. BIA may also offer new services and/or functionalities through the Platform (including the publication of new tools and resources); such new services and/or features will then be subject to these Terms.

4.3. Accuracy of Information. BIA uses commercially reasonable efforts to ensure that the information available on the Platform is accurate and up-to-date. However, there may be times when certain information on Third-Party Products displayed on the Platform may contain typographical errors, inaccuracies, or minor omissions. In such case, and to the extent permitted by law, we reserve the right to correct any such errors, inaccuracies or minor omissions on the Platform without affecting your current use of the Platform.

4.4. Restrictions. You must not, directly or indirectly: (i) copy, modify, or create derivative works from the Platform or the Documentation, in whole or in part; (ii) rent, lease, loan, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or access the source code of the Platform, in whole or in part; (iv) remove any proprietary notices from the Platform or Documentation (if any); or (v) use the Platform or Documentation as a service bureau, timeshare, or in any other manner allocated to third parties; (vi) use the Platform contrary to the Documentation; (vii) provide passwords or other login information to the Platform to third parties; (viii) share features of the content of the Platform with third parties; (ix) probe, scan, test the vulnerability of, or circumvent any security mechanisms used by websites, servers, or networks connected to the Platform; (x) take any action that imposes an unreasonable or disproportionately large load on the websites, servers or networks connected to the Platform; (xi) access (or attempt to access) or use the data of other authorized users through the Platform; (xii) knowingly diminish or impede access to the Platform; (xiii) access or use the Platform to create a similar or competing platform or service; (xiv) copy personal information and confidential information without rights that can be accessed on the Platform; or (xv) use the Platform or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property or other right of any person, or that violates any applicable law, including applicable privacy laws. Failure to comply with the obligations set out in these Terms may result in the termination of the privileges to use the Platform and the deletion of the offending user’s account.

4.5. Suspension of the Platform. BIA will suspend access to the Platform for maintenance purposes at a frequency of approximately one (1) hour per month. Notwithstanding anything to the contrary in these Terms, BIA may temporarily suspend your access to all or part of the Platform if BIA reasonably determines that: (i) there is a threat or attack on any component of the Platform; (ii) your use of the Platform disrupts or poses a security risk to the Platform or any other user of the Platform; (iii) you use the Platform for fraudulent or illegal activities; (iv) your use of the Platform is prohibited by applicable laws; or (v) your use of the Platform is in violation of the provisions of these Terms (each, a “Suspension“). BIA will endeavor to notify you in writing, to the extent possible, of any Suspension and to provide you with updates regarding the resumption of access to the Platform after a Suspension. Notwithstanding the scope of the foregoing, BIA will use commercially reasonable efforts to make access to the Platform available as soon as reasonably practicable after the event giving rise to the Suspension has been corrected or as soon as the maintenance period has ended.  To the extent permitted by law, BIA is not liable for any damages, losses (including any lost profits) or any other consequences you may suffer as a result of a Suspension.

4.6. Compliance Measures. The Platform may contain technological copy protection or other security features designed to prevent unauthorized uses of the Platform, including features that protect against uses of the Platform: (i) beyond the scope of the license granted under Section 1; and/or (ii) prohibited under Section 4 hereof. You must not, and must not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to such copy protection or security features.

5. INFORMATION COLLECTION AND USE; AGGREGATED DATA

5.1. Information Collection and Use. BIA may, directly or indirectly, through the services of third parties, collect, record and store information, including Content (as defined below) regarding the use of the Platform and the equipment through which the Platform is accessed and used, through: (i) the provision of maintenance and support services; (ii) the security measures included in the Platform as described in paragraph 4.6 above; and (iii) through transfer over the Internet. You agree that BIA may use this information for any purpose related to your use of the Platform, including, but not limited to: (a) improving the performance of the Platform, studying trends, or developing updates and/or new features; and (b) verifying compliance with the terms of these Terms and enforcing BIA’s rights, including all intellectual property rights in and on the Platform.

5.2. Aggregated data. Notwithstanding anything to the contrary in these Terms, BIA may monitor your use of the Platform, collect and compile aggregated and anonymized data sets and decision models (the “Aggregated Data“). As between the parties, all right, title and interest in and to the Aggregated Data, including all intellectual property rights therein, are owned and held solely by BIA. You acknowledge and agree that BIA may: (i) generate the Aggregated Data based on the data you have created, uploaded, submitted, used, or otherwise disclosed to BIA or its representatives in connection with your use of the Platform; (ii) make the Aggregated Data publicly available in compliance with applicable laws; and (iii) use the Aggregated Data to the extent and in the manner permitted by applicable laws.

6. USER CONTENT.

6.1. Ownership of Content. As between you and BIA, you retain ownership of any content and information entered, uploaded, uploaded or created (such as text, video, photographs, personal information or other materials) that you post or communicate through the Platform or otherwise provide to BIA hereunder (the “Content“), except for Feedback (as defined below). However, for clarity, where your user account is associated with a business account through a license between BIA and a Business Account Holder, the Content that you post, communicate or provide to a Business Account Holder through the Platform, belongs to the Business Account Holder.

6.2. Content License. By submitting the Content to the Platform, you grant BIA a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license to reproduce, adapt, translate, share, publish, modify and generally use the Content in connection with the Platform, whether for commercial or non-commercial purposes, on any platform and media known or unknown to date, but limited,  for the use necessary to operate the Platform in accordance with these Terms and our Privacy Policy. You agree that BIA has no obligation to identify you as the author of such Content. You further agree to complete and execute any documents that BIA may reasonably request in order to give full effect to this provision.

6.3. Netiquette; Deletion. At any time when you provide any Content hereunder, you agree not to make any statement that could be considered, in BIA’s sole and absolute discretion, to be: (i) abusive, defamatory, hateful, racist, xenophobic, homophobic or sexist (or any use of discriminatory language); (ii) involving vulgar, obscene or malicious language; and (iii) disclosing personal information or confidential information of others. At any time, BIA may, in its sole discretion, remove any Content that does not comply with these Terms or that may, in BIA’s discretion, be inappropriate.

6.4. Liability for Content. You hereby agree and agree that you are solely responsible for any Content you provide hereunder. Accordingly, you represent and warrant to BIA that: (i) you are the sole and exclusive owner of the Content, or that you have all rights, licenses, authorizations, consents, and releases to grant BIA rights in such Content; and (ii) neither the Content, nor its publication or transmission, nor the use of the Content by BIA violates or will violate the rights of any third party, including intellectual property rights, publicity rights and privacy rights, or any law or regulation, Canadian or foreign.

6.5. Management of the Platform. BIA reserves all rights relating to the administration of the Platform, including in particular the right to delete without notice any Content that, in BIA’s sole and absolute discretion, does not comply with the rules set out in this Article 5 and/or these Terms.

6.6. Content Review. You acknowledge and agree that BIA has no obligation to, but has the right to, review any Content posted on the Platform, or monitor your access to or use of the Platform, in order to ensure compliance with these Terms, applicable laws, court orders, governmental directives, or other requirements.

6.7. Third-Party Content. Through the Platform, you may use and/or access Content provided by third parties. BIA cannot guarantee that such Content will be free of any material or information that you may find objectionable. BIA disclaims any and all liability in connection with your access to any Content.

6.8. Complaint. In the event that you become aware that any Content violates any of the provisions of this Section 6, BIA invites you to file a complaint, which will be treated confidentially at the email address: info@bia-education.com, and, where applicable, through the processes and internal hierarchy of the Company Account Holder. Notwithstanding the foregoing, you acknowledge and agree that BIA has no obligation to, but has the right to, review the content posted on the Platform, including your Content, or monitor your access to or use of the Platform, in order to ensure compliance with these Terms, applicable laws, court orders, governmental standards or any other applicable requirements. BIA reserves all rights relating to the administration of the Platform, including, but not limited to, the right to remove without notice any Content that, in BIA’s sole and absolute discretion, does not comply with the rules set forth in this Article.

7. INTELLECTUAL PROPERTY.

7.1. Platform and Documentation. You acknowledge and agree that the Platform is licensed to you, and is not sold to you. You do not acquire any ownership rights in or to the Platform or the Documentation under these Terms, or any other rights in or to the Platform or the Documentation, other than the right to access and use the Platform and the Documentation in accordance with the license granted under these Terms, subject to all terms,  conditions and restrictions as detailed in these Terms. As between the parties, BIA reserves and retains all of its right, title and interest in and to the Platform and the Documentation and all intellectual property rights arising out of or related to the Platform and the Documentation, subject to the license expressly granted hereunder and, if applicable, granted to the Company Account Holder. You are responsible for protecting the Platform and the Documentation (including all copies thereof) from counterfeiting, misappropriation, theft, unauthorized use or access.

7.2. Trademarks; Domain names. All trademarks, service marks, domain names, logos, trade names, and other designations of BIA and the Platform (collectively, the “Marks“) are, as between us, the exclusive property of BIA. All other domain names, trademarks, service marks, logos, trade names and other designations are trademarks or registered trademarks of their respective owners. You agree to (i) respect BIA’s corporate image, the Marks and the corresponding marking and symbol standards (i.e. the symbols: ™ , ® or others); (ii) not use the Marks; (iii) not to harm or affect, in any way whatsoever, directly or indirectly, the image, goodwill and/or reputation enjoyed by BIA in connection with the Marks; (iv) not to use the BIA Marks  to promote your products and/or services or those of the Business Account Holder, as applicable, without the prior written permission of BIA (which may be retained in its sole and absolute discretion); and (v) not to use or apply for registration of any trademark,  domain name, corporate or business name, sign or logo that is identical, similar or likely to create confusion with BIA Marks.

7.3. Feedback. If you send or transmit to BIA any communications or material suggesting or recommending changes to the Platform, including, but not limited to, new features or functionality relating thereto, or any comments, questions, suggestions or the like (collectively, the “Feedback“), BIA shall have the right (but not the obligation) to use such Feedback. You hereby assign to BIA, on your behalf, all right, title and interest in and to the Feedback and such assignment shall be effective on the date such right, title and interest are created. You agree to waive any moral rights you hold or may have in and to the Feedback. Without limiting the foregoing, you acknowledge and agree that BIA is free to use, without attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback for any purpose whatsoever. You also agree to complete and sign all documents that BIA may reasonably require, in order to give full effect to this provision, although BIA is not obligated to use the Feedback.

7.4. Third-Party Products. BIA may distribute certain third-party products provided or integrated into the Platform (collectively, “Third-Party Products“). For purposes of these Terms, such Third-Party Products are subject to their own terms and licenses. If you do not agree to abide by the terms applicable to such Third-Party Products, you must not install or use them. You acknowledge and agree that, as between the parties, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products. Without limiting the generality of the foregoing, you acknowledge and agree that it is your responsibility to comply with the terms of use of the various Third-Party Products whose data may be imported into the Platform as part of the contract entered into with the Business Account Holder, where applicable.

8. NO WARRANTIES. THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, ERROR-FREE, FITNESS FOR CONTENT, OR AVAILABILITY. ALTHOUGH BIA MAKES EVERY EFFORT TO ENSURE THAT THE INFORMATION PRESENTED ON THE PLATFORM IS COMPLETE AND ACCURATE, BIA CANNOT GUARANTEE THAT THIS INFORMATION IS FREE OF ERRORS, OMISSIONS AND INACCURACIES. BIA DOES NOT GIVE ANY GUARANTEE ON THE QUALITY OF THE CONTENT CONSULTED OR OBTAINED THROUGH THE PLATFORM.

9. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIA, ITS AFFILIATES (IF ANY), AND RELATED ENTITIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND LICENSORS, BE LIABLE TO YOU FOR YOUR ACCESS TO AND USE OF THE THIRD-PARTY PRODUCTS, THE USE, INTERRUPTION, DELAY, OR INABILITY TO ACCESS AND USE THE PLATFORM, INCLUDING IN THE EVENT OF A FAILURE,  NETWORK PROBLEMS, FORCE MAJEURE OR EVENTS BEYOND OUR CONTROL, OR ANY DAMAGES THAT MAY ARISE THEREFROM. BIA MAY, AT ANY TIME AND WITHOUT PRIOR NOTICE, TEMPORARILY INTERRUPT ACCESS TO THE PLATFORM FOR MAINTENANCE REASONS AIMED AT ITS PROPER FUNCTIONING, WITHOUT HAVING TO GRANT COMPENSATION. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL BIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND RELATING TO YOUR ACCESS TO AND USE OF THE THIRD-PARTY PRODUCTS, YOUR RELATIONSHIP WITH THE ENTERPRISE ACCOUNT HOLDER,  IF APPLICABLE, THE USE OR PERFORMANCE OF THE PLATFORM, THE INFORMATION AND DATA PROVIDED THROUGH THE PLATFORM OR ITS ACCURACY, OR ANY DECISIONS MADE BY YOU BASED ON SUCH INFORMATION AND DATA PROVIDED THROUGH THE PLATFORM, INCLUDING ANY REPORTS AND ANALYSES ARISING FROM THE USE OF THE PLATFORM. YOU AGREE AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO MAKE APPROPRIATE DECISIONS BASED ON YOUR EXPERTISE AND KNOWLEDGE. THE PLATFORM IS PROVIDED TO YOU UNDER THESE TERMS AND, WHERE APPLICABLE, UNDER THE AGREEMENT BETWEEN BIA AND THE ENTERPRISE ACCOUNT HOLDER. FOR CLARITY AND WHERE APPLICABLE, YOUR ACCESS TO THE PLATFORM IS SOLELY FOR THE BENEFIT OF AND AT THE DISCRETION OF THE ENTERPRISE ACCOUNT HOLDER AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO RIGHTS UNDER THIS AGREEMENT, INCLUDING THE RIGHT TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY THAT BIA OR ITS AFFILIATES (IF ANY) MAY HAVE WITH RESPECT TO YOUR USE OF OR INABILITY TO USE THE PLATFORM WILL BE SOLELY UNDER THESE TERMS AND SOLELY TO THE BUSINESS ACCOUNT HOLDER UNDER THE AGREEMENT AGREED WITH BIA, IF ANY, AND SUBJECT TO ANY LIMITATIONS OF LIABILITY SET FORTH THEREIN.

10. COMPENSATION. By using the Platform, you agree to indemnify and hold BIA, its affiliates (if any), directors, officers, shareholders, employees, agents and licensors (collectively the “BIA Indemnitees“) harmless from and against any and all damages, claims, liabilities, losses, costs, fines, penalties and liabilities, including reasonable legal fees, that the BIA Indemnitees may incur or be required to pay,  directly or as a result of a third-party claim arising out of: (i) your use of the Platform; (ii) any use of your Content permitted by these Terms; (iii) any complaint by a third party regarding solicitation electronic messages sent by you; and (iv) any other alleged violation of these Terms by you, including failure to comply with the terms of use of the Third-Party Products.

11. EXTERNAL SITES.

11.1. The Platform may contain hyperlinks to external websites that take you away from the Platform (the “External Sites“). You acknowledge and agree that BIA is not responsible for the availability of such External Sites or for the accuracy of the content, products or services available on such External Sites. Hyperlinks to External Sites do not imply that BIA approves or endorses such External Sites. You acknowledge and agree that you assume all risks arising from your use of the External Sites. By using the Platform, you expressly release BIA from any and all liability arising from your use of any External Site, and you are bound by the terms of use and privacy policy applicable to such External Sites.

12. GENERALITIES.

12.1. Export regulations. The Platform may be subject to export control laws, including Canadian and U.S. export control laws. You shall not, directly or indirectly, export, re-export, distribute the Platform to, or make the Platform available from, any jurisdiction or country to which export, re-export or dissemination is prohibited by law, rules or regulation. You must comply with all applicable federal laws, regulations and rules, and fulfill all required commitments (including obtaining any necessary export licenses or other governmental approvals), before exporting, re-exporting, re-distributing or otherwise making the Platform available outside of Canada and the United States.

12.2. Survival of dispositions. Provisions that by their nature should survive termination of these Terms, will survive termination, including provisions relating to ownership, no warranty, limitation of liability, and indemnification.

12.3. Assignment. You may not assign or transfer these Terms or any rights or obligations under them.

12.4. Opinion. We may provide you with any required legal notices (including service of process) by any lawful method, including posting notices on the Platform or sending notices to any email address you provide when establishing your account on the Platform or providing during any other interaction with us or the Platform. You agree to send notices to us by sending them to: info@bia-education.com.

12.5. Entire Agreement. These Terms and Conditions, together with the Privacy Policy, constitute the entire and exclusive Terms between BIA and you with respect to the Platform and Documentation, and they supersede all prior agreements, oral or written, between BIA and you.

12.6. Waiver; severability. BIA’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in the future. The waiver of any such right or provision shall be effective only if in writing and signed by a duly authorized representative of BIA. Except as expressly provided in these Terms, BIA’s exercise of any of its remedies under these Terms is without prejudice to its other remedies. If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.

12.7. Force majeure. BIA is not liable to you, and is not deemed to be in default or breach by reason of any failure or delay in performance of its obligations hereunder where such failure or delay is due to unforeseeable events beyond its control such as strikes, labour disputes,  civil unrest, riots, rebellions, invasions, hostilities, wars, terrorist attacks, embargoes, natural disasters, epidemics, pandemics, floods, tsunamis, fires, sabotage, fluctuations or unavailability of electrical power, heat, light, air conditioning or, where applicable, Licensee’s equipment,  loss and destruction of property, or any other circumstance or cause beyond BIA’s reasonable control.

12.8. Invalidity or unenforceability. If one or more provisions of these Terms are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these Terms. These Terms will then be construed as if the invalid or unenforceable provision had never formed part of these Terms.

12.9. Governing Law and Jurisdiction. These Terms shall be governed by, construed and enforced in accordance with the laws of the Province of Quebec and applicable federal laws, without regard to conflict of law rules. Subject to Section 9, you agree that, if applicable, any dispute between you and BIA relating to these Terms, arising out of or in any way connected with these Terms, shall be brought and resolved exclusively in the judicial district of Quebec, in the province of Quebec, and you waive any objection that such venue is not practical or appropriate.

12.10. Contact us. BIA welcomes your comments, questions, and feedback that can be sent to: info@bia-education.com.