Terms and Conditions
Last Modified: July 20, 2024
Terms and Conditions of Use and License Agreement
Lecture Enfant (“we”, “us” and “our”) is a business registered in Ontario, Canada. Via both private and teacher accounts we license access to the online LectureEnfant 2.0 Reading Program (the “Program”). In consideration for permitting your access to our websites and other good and valuable consideration, you agree as follows:
These terms and conditions (the “Terms”) form a legally binding agreement which govern your access to and use of our websites hosted at lecturenfant.ca, lecturenfant.net, livresvideo.net and related domains and subdomains (the “Websites”), as well as the terms upon which you may license account access to the Program and additional resources.
By using our Websites, you, the user (“you” or ”your”), represent and warrant that you have read and understand these Terms and agree to be bound by them. If you are using the Websites or licensed access to the Program on behalf of, or in the employ of, an organization (such as a school board, corporation, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, «you» and «your» will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with Lecture Enfant.
Purchasing a License
You may browse the public facing sections of our Websites without establishing an account or providing us with any personal information. However, to access our Program and additional resources described below, you must purchase a license from us and provide certain personal and school or organization information.
Teacher Accounts
To review additional license terms (which are incorporated by reference herein), review account features, and to purchase an account license for a teacher account, please visit: lecturenfant.net/lecturenfant2-0. All teacher accounts are for a 12 month fixed term subscription. You must pre-pay for the entire 12 month term. Upon purchasing a teacher account license, you are granted a license, during the 12 month license term, to:
- Access the main teacher account along with all related account features. The main teacher account will serve as the administrative account, to login and review student progress and set student login credentials (a picture password); and
- Establish up to a maximum of 30 student accounts.
At the end of the 12 month term, your license will automatically terminate. If you wish to continue to access the Program, you may use your existing account to resubscribe for an additional 12 month term.
You agree that you are limited to permitting access to the Program to 30 students for each teacher license purchased. If you require additional licenses or additional student seats in respect of a teacher account, please contact us.
Private Accounts
To review additional license terms (which are incorporated by reference herein) and purchase an account license for a private account, please visit: lecturenfant.net/lecturenfant2-0/private-accounts. For private accounts, we offer pre-paid monthly accounts and 12 month fixed term account subscriptions, both of which you must pre-pay for and which automatically end at the end of the applicable 30 day or 12 month term. Neither subscription will automatically renew at the end of the pre-paid term. If you wish to continue to access the Program, you can subscribe for an additional 30 day or 12 month term using the same account.
Upon purchasing a private account license, you are granted a license, during the applicable monthly or 12 month fixed term, to access the main private account, along with all related account features associated with private accounts.
You are not permitted to share the account access with more than one (1) student. If you require additional licenses for additional students, please purchase an additional private account license for each student.
Private Account Optional Paid Reading Assessment
Certain account features are not included with private accounts, such as the ability to audio record students reading for a teacher to review. However, private account holders can purchase an optional reading assessment, at any time and for any completed reading series.
Upon purchase, Lecture Enfant will act as the teacher, enable the record for teacher function within the appliable student account and assess the student’s reading via audio recording. Within approximately 48 hours (Monday to Friday excluding statutory holidays in Ontario) of receiving the applicable student audio recording, Lecture Enfant will assess the student’s recording and email a PDF reading assessment to the email address associated with the private account. Fees for each reading assessments are as specified on the Websites.
License to Additional Resources
When you purchase a license for a teacher account or a private account you will gain access, during the term of your license, to a bonus video library. The video library has over 350 videos to help practice individual and blended letter sounds, vocabulary, conjugating verbs and more. As of the last date of these Terms, access to the video library is granted via www.livresvideo.net. You will be provided with account login credentials to permit you to stream the videos online during the term of your account license. Thereafter, your login credentials will be disabled and you are not permitted to access, stream or use any such additional resources. You agree that you are not permitted to copy, screen capture or record or otherwise download or attempt to download the videos.
Payment Methods
Our Websites permit you to register and pay for licenses via PayPal, Inc. (“PayPal”) (www.paypal.com/ca). Although we may display or link to PayPal’s forms on our Websites, when you enter your payment details in such forms, including credit card information, you are providing that information directly to PayPal and not us. We may have access to view portions of your payment information via PayPal (such as your name, address and email address), however, we do not collect or store your credit card information ourselves. You agree and acknowledge that PayPal may have their own terms and conditions and privacy policies that apply to your use of their systems.
For teacher accounts, we also permit you to pay via cheque, e-transfer or other mutually agreeable payment method. You may indicate your payment preference when completing your registration on our website. You may also contact us via email to discuss your order and payment method at contact@lecturenfant.ca.
We reserve the right to not grant or to suspend account access until your payment has been processed.
Additional License Terms
License Expiration. Where you elect to cancel or not renew an account license from us, whether in respect of an annual teacher account, or a monthly or annual private account, you agree that you will no longer be permitted to use your account (and all corresponding student accounts) on the Program or any account used to access additional resources on www.livresvideo.net.
Printed or Downloaded Resources. In the event we permit you to download any resources from our Websites, you agree that licensed access to use such resources is restricted to the duration of your license. You agree to delete all electronic resources in your possession, and destroy any printed resources, upon the expiration of your license.
Non-Exclusive License. You agree that for both teacher and private accounts, the license granted to access the Program and additional resources is non-exclusive in that we may grant similar licenses to our other users and customers.
No Sublicensing. You agree that you are not permitted to sub-license, sell access to, or otherwise commercialize our Program or any additional resources or materials.
Ownership of Program and Additional Resources. Nothing in these Terms, or in the course of your relationship with us, shall be constructed as an assignment of any ownership rights in or to the Program or the underlying contents of the Program (such as text, audio, videos and images). The Program and all additional resources and materials are owned by Lecture Enfant (or our third party licensors, where applicable) and protected by applicable copyright legislation, including the Copyright Act (R.S.C., 1985, c. C-42) in Canada.
You are not permitted to copy, share or distribute any text, software code, images, trademarks, videos or audio found on the Websites or the Program without our express written consent. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Lecture Enfant, including our logo, without our permission.
No Modifications or Derivatives Works. You agree that you, and any person who you purchase a license for, shall not modify or create derivatives works based in whole or in part on any part of the Program or the additional resources.
You further agree that as the party agreeing to these Terms, it is your responsibility to ensure that any students or other third parties using the Program in connection with your account do so in compliance with these Terms.
Accessing the Program and Additional Resources
Upon purchasing a license, you will receive an email from us with instructions on setting up an account (for teacher accounts) on lecturenfant.ca and livresvideo.net and other instructions for you to access the Program and additional resources. Subject to your compliance with these Terms and the termination of your account pursuant to these Terms, your account login credentials will remain active during the term of your account license.
You agree and acknowledge that during the term of your license we may add or remove certain resources from our Websites, and continue to adapt and update the Program, even though the price of your license will not change during the then current term of your account license.
All accounts created to access the Program are intended solely for you, the applicable teacher or private account holder who holds the corresponding license. Accordingly, you are responsible for safeguarding the username and password used to access the Websites. You agree not to disclose your password to any unauthorized third party.
As the party purchasing a license from us and agreeing to these Terms, you are responsible for any activity on the account, whether you authorized it or not.
License Prices
Where prices are listed on the Websites, they are subject to change without notice. However, we will not change the pricing of any active monthly or annual license purchased from us.
Prices listed on our Websites and in our marketing materials are an invitation to make an offer and are subject to acceptance by us. Even in the event of the automated processing of your order on the Websites, you agree that we will have the opportunity to review and accept your orders.
Additional terms, including but not limited to, the addition of sales or other taxes may be specified on the Websites. Those terms, as amended from time to time, are incorporated by reference and form part of this agreement. You agree to pay all sales tax, whether Canadian or foreign, applicable to this agreement or arising in any way from the purchase of licenses or other products from us.
Refunds
Due to the fact that our Program is made available to you digitally, we do not offer refunds once your account(s) have been created and you have been given assess to our Program. If you wish to cancel your account license, you will continue to be able to access your account for the duration of your then current license term (whether monthly or annual).
Acceptable Use of the Program and Additional Resources
In using the Program, Websites and any resources, you agree, and you represent and warrant to us and all other users of the Program and Websites, that you:
- Will not share your account with any other individual;
- Will not remove, alter or obscure or tamper with any copyright, watermarks, encrypted data, metadata, notices, technological protection measures, or rights management information included with or which form part of the Program, Websites or the resources;
- Will not use the Program, Websites or additional resources in a way that has any unlawful or fraudulent purpose or effect;
- Will comply with all applicable laws, rules and regulations;
- Will not use or disclose personally identifiable information in respect of others except (i) with their consent; and (ii) in accordance with applicable privacy laws, rules and regulations;
- Will not upload, copy, distribute, share or otherwise use or generate data or content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, sexual in nature, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a criminal offense or give rise to civil liability or damages;
- Will not upload, transmit, disseminate, post, share, store, use any content, data or information, or do anything that infringes on, or contributes to any infringement of, any intellectual property rights; including copyright, trademark, patent or trade secret rights, whether of ours or any third party;
- Will not disclose your password or transfer your account (s) to any third party, or allow any third party to access your account or the contents of our Program, Websites, or resources;
- Will not impersonate any person or entity;
- Will not upload, copy, distribute, share, create or otherwise use content, code or information that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner’s express consent;
- Will not implement any data scraping or similar techniques that access the Program or Websites to interact or integrate with, scrape, capture, record, or pull data or information for any purpose, whether such data or information was displayed publicly or not.
- Will not collect, harvest or store any personally identifiable information, including user account information, from us;
- Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Program or its underlying software code or resources; and
- Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Program or the Websites.
Copyright Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Websites, please notify us at contact@lecturenfant.ca or by mail at:
Lecture Enfant
PO Box # 30083
RPO Chemong
Peterborough, Ontario
K9H 7R4
While we take no responsibility for any user, licensor or supplier who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or remove such content from our Websites.
Linked Sites
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Websites, we are not responsible for their content (the “Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk. We and other users of our Websites may provide links and references to material on other websites not owned or operated by us. Links found on our Websites are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
Privacy
We collect and use your personal information, and the personal information of third parties you provide us, in accordance with our Privacy Policy. You consent to such processing and represent that all information provided by you is accurate. Aside from permitting you and/or students to specify a name for each student account and to permit student accounts to upload audio recordings in connection with reading assessments, at no time will we or the Program request, nor should you or your student users provide us with, the personal information of any person under the age of nineteen (19). For student accounts, you are encouraged to only specify the student’s first name, or a pseudonym, on the Program, or where appropriate, the student’s first name with their last initial.
Acceptance of Risk and Disclaimers
Everything on the Websites, including all Program and additional resource materials available for download or viewing under license, are provided «as is» without warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
While we and our contractors work hard to provide an excellent experience on the Websites, you acknowledge that the Websites may undergo scheduled and unscheduled downtime for various reasons. When any downtime occurs, we will do our best to have the Websites back in working order as soon as possible. However, you agree that we shall not be liable or responsible for any damages or losses, howsoever caused, you may suffer as a result of such downtime.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED (INCLUDING BY NEGLIGENCE OR OTHERWISE), FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER AS A RESULT OF USING OUR WEBSITES AND/OR PROGRAM, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
You agree and acknowledge that we would not enter into this agreement or grant access to the Websites or our Program without these restrictions and limitations on our liability.
If you are dissatisfied with the Websites or any Program or resources licensed from us, or do not agree with any part of these Terms, or have any other dispute or claim with or against us, our affiliates, employees, contractors, agents, suppliers or licensors, your remedies are limited to (i) not renewing your license at the end of the applicable license term; and/or (ii) deleting your accounts with us and ceasing to access our Websites and Program.
INDEMNIFICATION AND HOLD HARMLESS
You agree to indemnify us, our affiliates, employees, shareholders, directors, agents, representatives and contractors, and to defend and hold each of them harmless, from any and all claims and liabilities which may arise from your violation of these Terms, or any policy incorporated by reference.
Governing Law and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
Severability
If any provision of these Terms (or any part thereof) is found to be unlawful, void, or for any reason unenforceable, then that provision (or the applicable part) shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.
Waiver of Class Proceedings and Trial by Jury
To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
All policies referred to in these Terms, or anywhere on our Websites, are incorporated into these Terms by reference, including, but not limited to, our Privacy Policy.
Account Termination
You may terminate your account with us at any time. To do so, please contact us by email at contact@lecturenfant.ca. The cancellation, suspension or termination of access to our Websites, or your account, shall not terminate this agreement. Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) and the license terms shall remain binding.
You agree that we may terminate your account, and/or any individual student account, which we reasonably believe to be in violation of these Terms. We may also terminate your account, and each student account, in the event we elect to discontinue our Websites and/or Program. In the event we elect to terminate your account or discontinue our Websites or Program, which we may do so in our sole and absolute discretion, we will issue you a pro rata refund for the period of time in which you have paid for account access, but, by virtue of said termination, you will not be able to access your account.
Assignment of this Agreement
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the sale of our Websites, the transfer of control of Lecture Enfant, or otherwise. You are not permitted to assign this agreement, or your account, to any third party.
Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
AMENDMENTS
AS OUR WEBSITES AND PROGRAM CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE.
ANY CHANGES TO THE TERMS OF THE LICENSE UPON WHICH YOU ACCESS OUR PROGRAM WILL NOT APPLY TO ANY EXISTING LICENSE YOU HOLD, ONLY TO SUBSEQUENT RENEWALS THEREOF.
AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITES OR PURCHASE A LICENSE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITES AFTER SUCH AMENDMENTS HAVE BEEN POSTED ON lecturenfant.ca. IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE STOP ACCESSING THE WEBSITES AND TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.