Terms and Conditions
EFFECTIVE DATE: FEBRUARY 14, 2025
DATE OF LATEST UPDATE: FEBRUARY 17, 2025
Elevate Nursing Academy Inc., an Ontario-based company, is the owner and operator of the website https://elevatenursingacademy.com/ and its associated mobile and web applications (collectively referred to as the “Website”).
The Website offers a variety of courses, modules, and instructional content related to nursing practice specialties available for purchase. The courses, educational materials, and supplementary content shall be provided exclusively through a third party learning management system in an e-learning format. The Website features a wide range of instructional offerings, all of which are available for purchase.
The present Terms and Conditions set forth the terms under which Elevate Nursing Academy grants users access to the Website. By accessing and using the Website, users agree to comply with these Terms and Conditions.
- DEFINITIONS
When used in these Terms and Conditions, the terms “Elevate Nursing Academy”, or the “Academy” shall refer to Elevate Nursing Academy.
The term “Course” shall refer to any course offered for purchase on the Website.
The term “Dispute” shall refer to any dispute, claim, or other conflict between a User and Elevate Nursing Academy arising out of or relating to these Terms and Conditions.
The term “Learning Management System” or “LMS” shall refer to the third party learning management system.
The term “Module” shall refer to any module offered for purchase on the Website.
The term “Terms and Conditions” or the “Terms” shall refer to the present Terms and Conditions and shall include any and all amendments, modifications and supplements made thereto from time to time.
The term “User Accounts” shall refer to the account created by a User on the Website.
The term “Users” shall refer to all users of the Website collectively, and “User” shall refer to each individual user of the Website.
- APPLICATION
These Terms and Conditions shall govern the terms upon which Users may use the Website. These Terms shall be applicable and binding to Users upon their initial access or use of the Website.
Upon accessing, visiting or interacting with the Website, Users shall be governed by these Terms and Conditions as though they manually signed them. The use of the Website shall be construed as Users’ acceptance of these Terms and Conditions. If a User does not agree with these Terms and Conditions, even in part, the User’s sole recourse shall be to refrain from using the Website.
- UPDATES TO THESE TERMS AND CONDITIONS
Users acknowledge that Elevate Nursing Academy may update these Terms and Conditions and other related policies and rules from time to time, at Elevate Nursing Academy’s sole discretion. The latest version of these Terms and Conditions shall be published on the Website, and shall specify the date of the latest update.
Users are encouraged to periodically review these Terms and Conditions to ensure compliance with the latest version. The updated version of these Terms and Conditions shall be binding as of the date specified in the header.
Any use of the Website after the publication of updated Terms and Conditions shall be deemed as Users’ acceptance of and agreement to be bound by the updated Terms.
- ELIGIBILITY
To be eligible to use the Website, each User must confirm and represent the following to Elevate Nursing Academy:
(i) The User is at least eighteen (18) years of age.
(ii) If the User is a minor or a child in the country in which they are accessing the Website, the User may use the Website solely with the consent and knowledge of their parent or legal guardian and under the supervision of their parent or legal guardian.
(iii) The User agrees to use the Website in compliance with all applicable laws, regulations and policies.
(iv) The User has the authority and ability to enter into legally binding contracts under applicable law.
(v) The User has not been barred from accessing or using the Website under any applicable law or due to prior unauthorized use.
- USER CONDUCT
Users shall remain responsible for their actions and omissions relating to their use of the Website. Users may not participate in illegal or otherwise unauthorized use of the Website. More specifically, Users shall be strictly prohibited from using the Website for purposes of:
(1) Violating of any applicable international or local law, government order, regulation or policy;
(2) Interfering with or damaging the Academy’s servers or any portion thereof in any way;
(3) Sharing or distributing harmful components, viruses or damaging files;
(4) Data scraping using automated means, such as data mining tools;
(5) Encouraging other Users to use the Website in unlawful, malicious or otherwise unethical manners;
(6) Harassing, bullying or cyberstalking other Users of the Website;
(7) Transmitting, distributing or otherwise sharing known false or illicit statements or remarks;
(8) Impersonating an individual, business, or organization;
(9) Unlawfully collecting personal data from Users, without their consent;
(10) Bypassing the Website’s established security measures;
(11) Sharing or distributing content or information that violates a third party’s intellectual property rights.
Users shall also be responsible for complying with Internet safety standards. Users may be held personally liable for their failure to comply with such guidelines and obligations stated in these Terms and Conditions.
- COURSES AND MODULES
All Courses and Modules shall be accessible via the Learning Management System. Users shall gain access to a Course by logging into their User Accounts. Users acknowledge that certain Modules and content may be subject to a fee or may only be accessible through a purchase on the Website.
Users may purchase a Course in accordance with these Terms and Conditions. Upon their purchase of a Course and subject to the Course’ commencement date, Users shall be provided with all necessary content made available by the instructor, which may include, without limitation, previously recorded video lectures, PowerPoint slides, readings, quizzes, mock exams.
Weekly meetings shall also take place during the Course period, which shall be held virtually using Google Meet or Zoom, and subsequently uploaded to the Learning Management System.
6.1 Access to Courses and Modules
Subject to the payment of applicable fees and purchase of the Course, the access to the Course shall be provided three (3) days prior to the scheduled commencement date of the Course, provided the purchase was made prior to the commencement date of the Course.
If the purchase was made on the date of or following the commencement of the Course, Users shall be granted access to the Course within seventy-two (72) hours of the purchase. Access to Modules shall be granted to Users by the Academy within a reasonable delay, not exceeding seventy-two (72) hours, following the purchase and subsequent enrollment.
Users shall gain access to Courses and Modules by paying the applicable fees, and logging into their User Accounts.
6.2 Ownership of the Courses and Modules
Users acknowledge and understand that all Courses and Modules available for purchase on the Website are owned exclusively by the Academy. The Academy holds all copyrights to the Courses and Modules accessible on the Website. By providing access to the Courses and Modules, the Academy does not grant Users any express or implied ownership rights to the Courses and Modules.
For the avoidance of doubt, Users shall have no ownership rights to the Courses and Modules: They shall be granted a limited license to view and access the Courses and Modules for personal use as further specified in these Terms and Conditions.
6.3 Obligations Regarding Courses and Modules
Users acknowledge and agree that all Courses and Modules available on the Learning Management System are for use and consumption on the LMS only. The Courses and Modules are not printable. Users shall have no ownership rights or license to the Courses and Modules: They shall only be granted the right to view and access them for personal use. The Courses and Modules cannot be used for business or commercial purposes. Any reproduction of the Courses and Modules, even partially, is strictly prohibited and may give rise to sanctions.
Any Courses and Modules purchased shall be accessible for streaming and viewing only, and may not be downloaded from the Learning Management System. It is strictly forbidden for Users to download any Courses and Modules from the LMS.
6.4 Weekly Meetings
The Courses shall be provided as asynchronous learning, where Users may learn at their own pace, schedule and convenience, subject to any applicable end dates. In consideration thereof, Users shall be permitted to progress through Course material at their own pace and move ahead of the current week’s content. However, should Users have any questions or require clarification on the material, Users agree to wait until the scheduled weekly meeting to address those questions during the designated Question & Answer session.
Accordingly, during the Course, the instructor shall schedule weekly virtual meetings to allow Users to ask questions. If no Users attend a scheduled meeting within the first fifteen (15) minutes, the instructor shall be entitled to cancel the meeting, based on the assumption that there are no questions from Users.
6.5 Course and Module Information
All Course content shall be available for four (4) months following the commencement date of the Course. Each Module shall be active for a one (1) month period, unless otherwise specified.
6.6 Course Completion
Upon completion of each Course and Module, Users shall be required to complete a quiz to test the knowledge and information acquired during the Course and Module. The passing grade for each quiz shall be set at eighty percent (80%). Upon Users’ successful completion of all sections of the Course and Module within the allotted time frame, Users shall be granted a Certificate of Completion.
6.7 License Granted
Upon purchasing Courses and Modules and contingent upon the Academy receiving the appropriate payment for the purchase, Users shall be granted a limited, non-exclusive, revocable and royalty-free license to use the purchased Courses and Modules for personal use. The Courses and Modules purchased shall generally be accessible on an ongoing basis, until such Courses and Modules are removed from the Learning Management System.
The license granted shall not grant Users any express or implied right to the Courses and Modules. The license shall allow Users to access the Courses and Modules for personal use, in accordance with the requirements set forth in these Terms and Conditions.
It is strictly prohibited to transfer, sublicense, resell or otherwise monetize the Courses and Modules purchased. Accordingly, the license to the Courses and Modules granted to Users shall not permit them to:
(1) Resell any Courses and Modules;
(2) Use the Courses and Modules for business or commercial purposes;
(3) Distribute, commercialize, sell, lease, transfer or otherwise share the Courses and Modules or any portion thereof, with a third party;
(4) Engage in data mining or any type of extraction work with respect to the Courses and Modules;
(5) Use the Courses and Modules or any component thereof for any purpose not authorized by law or contemplated under these Terms and Conditions.
Users acknowledge that any usage of the Courses and Modules that violates these Terms and Conditions shall result in the termination of the license granted. The Academy reserves the right to terminate the license granted at any time, at its discretion. If Users violate any of the terms contained herein, the Academy may terminate the license without notice or delay.
Users further acknowledge that any unauthorized usage of the Courses and Modules may violate intellectual property laws and other applicable laws. Moreover, the license granted to shall terminate upon the earlier of: (i) the date of the end or disablement of the Courses and Modules, as applicable, or (ii) the termination of a User’s User Account. The Academy may terminate or revoke the license granted at any time to comply with legal obligations or in accordance with these Terms and Conditions.
6.8 Responsibility Regarding the Courses and Modules
Considering the Courses and Modules are generated by the instructors, the Academy cannot guarantee the quality, suitability or integrity of the Courses and Modules. The Academy shall not be liable for any errors, issues or losses caused by the Courses and Modules accessed on the Learning Management System. Furthermore, the Academy disclaims all warranties and guarantees in connection with any Courses and Modules published on the LMS. As such, the Academy does not guarantee that the Courses and Modules shall be appropriate, accurate and free from errors.
6.8 Reviews and Comments
Upon completion of a Module or Course, Users may choose to provide a review and comment. The reviews and comments are truthful, accurate and fair based upon the Course or Module completed, and the content included.
The Academy reserves the right to remove, delete or withdraw reviews and comments which are deemed to be problematic, not genuine, unreasonable or misleading, at the Academy’s sole discretion. The Academy may also remove, delete or withdraw reviews and comments that violate these Terms and Conditions. Additionally, the Academy may suspend the User Accounts of any Users who post a problematic review or comment.
- PURCHASES
Registration for a Course shall be open for a set period, and commencing on a specific date. All Course sales, including Modules, shall be handled on the Website. Users shall place an order for a Course and/or Module by making a purchase and paying the applicable fees.
Before purchasing a Course and Module, Users may consult the descriptions set forth on the Website. Once a purchase is made, Users shall be expected to have thoroughly reviewed the Course content and Module descriptions and acknowledge that they fully understand the scope and structure of the material. No refunds shall be issued based on misunderstandings of the Course or Module offerings after the purchase has been completed.
Users shall be directed to a secure page to input their relevant payment information. Payments may be made by credit card (VISA, MasterCard, Amex, Discover, CB), Google Pay or Apple Pay. Any applicable taxes shall be added to the purchase price prior to processing the order. The Academy shall process all payments via a secure third party payment platform.
7.1 Pricing
The price of each Course shall be five hundred and ten dollars ($ 510.00 CAD), and the price for each Module shall be seventy-five dollars ($ 75.00 CAD). The price for a bundle of three (3) Modules shall be one hundred and eighty dollars ($ 180.00 CAD), and the price for the full twelve (12) Module package shall be eight hundred dollars ($ 800.00 CAD).
Prices shall be subject to change, at the Academy’s discretion. Any changes to pricing shall only apply to future purchases of Courses and Modules, and not to previously purchased Courses and Modules.
- REFUND POLICY
All Course and Module purchases made on the Website are final and may not be refunded, except in accordance with the present refund policy.
To be eligible for a refund and withdrawal from the Course or Module, Users must submit a written request via email to admin@elevatenursingacademy.com within twenty-four (24) hours of completing the purchase. Any refund requests submitted following the twenty-four (24) hour period shall not be processed. All approved refunds shall be subject to an administrative fee of fifty dollars ($ 50.00 CAD).
The Academy shall not issue refunds for partially used or unused Courses and Modules.
- USER ACCOUNTS
9.1 Creation of User Accounts
Users may visit or access the Website without creating a User Account. However, to proceed with a purchase on the Website, at the checkout stage, Users must create a User Account. User Accounts are required for enrollment in Courses.
Users shall gain access to the Course and Modules through the Learning Management System using their login information through their User Accounts. Once Users place a purchase on the Website, they shall receive an email containing their username and an initial password to login to the LMS. Users shall then be prompted to change their passwords.
9.2 Personal Information Provided as Part of User Accounts
When creating their User Accounts, Users may be asked to share their email addresses, and other private information.
By inputting personal information as part of their User Accounts, Users confirm to the Academy that all personal information provided is accurate, true, complete and current to the best of their knowledge. Users shall be responsible for updating any personal information submitted that becomes outdated, expired or no longer valid.
All personal information submitted as part of User Accounts shall be handled according to the Academy’s Privacy Policy, as published on the Website.
9.3 Security of User Accounts
User Accounts shall be secured by a password. Users shall be responsible for ensuring their passwords remain confidential. In the event of a security breach, such as loss, or compromised password, Users must promptly notify the Academy by email.
User Accounts shall be personal and each may only be used by one (1) User. Users shall refrain from sharing their login details with any third party. Users may not transfer their User Accounts to any third party. Any use or access of others’ User Accounts on the Website is prohibited.
Elevate Nursing Academy shall not be liable for losses or damages caused by unauthorized usage of User Accounts. Users shall be liable for any purchases and charges incurred by or using their User Accounts.
- TERMINATION OF USER ACCOUNTS
Users may delete their User Accounts by following the instructions provided on the Website. Upon the deletion, all Courses and Modules purchased under such User Accounts shall no longer be accessible.
The Academy reserves the right to suspend or terminate any User Account for which the Academy believes is being accessed by multiple individuals or entities. Additionally, the Academy may revoke or terminate any User Account on the Website if the User breaches these Terms and Conditions. Users waive any rights or recourse they had, have or may have against the Academy in connection with the suspension or termination of their User Account.
The Academy may, at its discretion, terminate any User Accounts that have been inactive for at least twelve (12) months.
All ongoing provisions of these Terms and Conditions shall remain binding, even following the termination of User Accounts, including those relating to intellectual property, disclaimers, liability and indemnification.
- INTELLECTUAL PROPERTY RIGHTS
11.1 Ownership of Intellectual Property
Any intellectual property, trademarks and logos relating to the Academy and the Website are the sole property of the Academy. The Academy’s intellectual property, trademarks and logos may not be reproduced or shared without the Academy’s prior written approval. The Academy is the owner of such intellectual property throughout the world.
The Academy’s trademarks and logos are protected by copyright laws. Users may not use such trademarks and logos for any purpose other than to benefit from the Courses and Modules offered for purchase on the Website in compliance with the terms set forth herein.
11.2 Licensed Intellectual Property
Any content that has been licensed to the Academy remains the property of its respective owners. The reproduction, transmission, sharing and distribution of all or part of Courses and Modules is expressly prohibited, except as provided under these Terms and Conditions.
- FORCE MAJEURE
Force Majeure events refer to unforeseeable events beyond the Academy’s reasonable control, including government orders, pandemics, epidemics, fires, hurricanes and other natural disasters.
During a Force Majeure event, the Academy’s obligations under these Terms and Conditions shall be suspended, and shall resume upon the completion of the Force Majeure event. The Academy shall not be responsible for performing its obligations during a Force Majeure event. If the Force Majeure event persists and is resolved promptly, the Academy may choose to permanently terminate or suspend the Website.
- DISCLAIMERS AND WARRANTIES
The Website is provided “as is” and “as available”, without any warranties or guarantees of any kind, including implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, or warranties implied by the performance of trade.
Users understand that communications and interactions held on the Internet are not fully secure. There are risks associated with communicating and interacting on an Internet-dependent platform, such as the Website. Users agree that their use of the Website shall be at their sole risk and expense.
- LIMITED LIABILITY
14.1 Technical Problems
Technical problems may arise when using the Website, which may cause delays, freezing, lags, bugs, blocked access, suspended access or other issues. The Academy shall not be responsible for service interruptions or other issues affecting the Website. The Academy shall also not be responsible for any virus or harmful components impairing the Website, or the devices used to access it.
The Academy shall not be responsible if any Courses and Materials do not function as advertised.
14.2 Exclusion of Liability
To the fullest extent permitted by law, the Academy excludes its liability for indirect, incidental, punitive, special, accessory or consequential damages in connection with the Website. Further, the Academy declines liability for any claims, losses or damages arising out of any misuse, willful misconduct or gross negligence of Users regarding the Website.
The Academy’s role shall be limited to providing a platform for Users to purchase Courses and Modules, and serving as an intermediary between the Course instructors and Users. Each instructor shall be responsible for the content and delivery of their Courses and Modules. The Academy shall upload the materials provided by the instructors to the Learning Management System.
Acknowledging the Academy’s role as an intermediary, Users agree that the Academy shall not be liable for any erroneous, faulty, incomplete or other issues affecting the Courses and Modules’ content provided by instructors. Further, the Academy shall not be responsible for any opinions, comments or advice provided by the instructors on the Learning Management System. The Academy is unable to guarantee that all information provided by the instructors in Courses and Modules is true and accurate. The Academy cannot control the quality or effectiveness of the advice and opinions provided by the instructors. Any views expressed by the instructors on the Learning Management System are their own, and shall not bind the Academy.
To the fullest extent permitted by law, the Academy’s aggregate liability under these Terms and Conditions shall not exceed the total sum paid by the affected User in the six (6) months before the event that gave rise to the liability.
- THIRD PARTY LINKS
The Website may provide links to third party websites or applications. These links are for reference and convenience purposes only.
The Academy shall not be responsible for the accuracy, availability or veracity of the third party links. Any use of third party links shall be subject to the third party’s policies and specific terms, and not the present Terms and Conditions.
The inclusion of third party links on the Website shall not imply the Academy’s endorsement or any association with such third parties. Unless otherwise specified, the third party links are independent third parties to the Academy.
- INDEMNITY
Each User shall indemnify and hold the Academy harmless from and against all third party claims, damages, losses, liabilities, costs and expenses arising out of the User’s (i) use of the Website; (ii) gross negligence, recklessness or intentionally wrongful act, and (iii) breach of any obligation in these Terms and Conditions. In compliance with applicable laws, the indemnity obligations owed to the Academy shall not apply in cases of fraud or gross negligence by the Academy.
- MISCELLANEOUS PROVISIONS
17.1 Assignment
Users may not assign any rights or obligations granted by these Terms and Conditions, except with the Academy’s prior explicit written consent. The Academy may however assign its rights and obligations in these Terms and Conditions, without restriction.
17.2 Entire Agreement
The present Terms and Conditions constitute the entire agreement between the Academy and the Users with respect to the subject matter contemplated, and supersede all prior negotiations and agreements between the Academy and Users regarding such subject matter.
17.3 No Waivers
If the Academy does not insist upon the performance of any term in these Terms and Conditions, or delays, suspends or fails to exercise any right granted, this shall not operate as a waiver of the Academy’s rights.
17.4 Severability
If any provision of these Terms and Conditions is found to be unenforceable by a court of law, the provision shall be severed. Nonetheless, the provision may be redrafted to preserve the original intention if permitted by applicable law. Any severed or redrafted term or section shall not affect the remainder of these Terms and Conditions.
- GOVERNING LAW
These Terms and Conditions shall be governed by the laws of the Province of Ontario, without regard to any conflict of law principles.
- DISPUTE RESOLUTION
19.1 Amicable Negotiations
Prior to undertaking any legal or arbitration proceedings, Users and the Academy shall make reasonable efforts to resolve all Disputes amicably and in good faith.
19.2 Arbitration Proceedings
If a Dispute cannot be resolved amicably within thirty (30) days, the Dispute shall be referred to binding arbitration. The arbitration shall be conducted in the Province of Ontario, and the language for the arbitration shall be English.
Each participating User shall bear their own costs for participating in the arbitration proceedings with the Academy. Such costs shall include administrative costs and arbitrator fees.
The arbitration proceedings shall be strictly confidential. The arbitration award shall be final and binding.
19.3 Court Proceedings
Notwithstanding the foregoing, any unresolved Dispute may be brought before a court in the Province of Ontario if it relates to: (i) seeking an injunction or other relief, (ii) intellectual property infringement or claims, or (iii) enforcing rights and obligations set forth in these Terms and Conditions.
19.4 Time Frame
Any Dispute relating to these Terms and Conditions or the Website must be introduced within one (1) year of the event giving rise to the claim. Any Dispute introduced after the one (1) year period shall be barred.
- EMAIL EXCHANGES
The Academy may send Users emails regarding the Website, User Accounts, Courses, Modules and any matters under these Terms and Conditions. For such purposes, Users shall provide their current and valid email address. User may also send emails to the Academy, and acknowledge that emails shall be answered during standard working hours from Monday to Friday.
- USER INQUIRIES
Any notices, questions, inquiries or comments that Users intend to address to the Academy shall be provided in writing. All such communications may be sent: (i) on the Website via the Contact section, (ii) by email to elevatenursingacademy@gmail.com, or (iii) by first class certified or registered mail to the Academy’s corporate headquarters:
ELEVATE NURSING ACADEMY INC.
108 Sutcliffe Way
Alliston, Ontario
L9R 0N9
