Dark Dove Publishing Terms & Conditions
Standard Terms For Termination of Use of This Website
These terms and conditions apply to Services and/or Courses provided by Dark Dove Publishing of 238 Westside Road, Port Colborne, Ontario, Canada, L3K 5K9 (“DDP Learning" or “we” or “us”). "Site" refers to this website belonging to Dark Dove Publishing, and J.L. Slipak respectively.
These terms and conditions apply to Services and/or Courses provided by Dark Dove Publishing of 238 Westside Road, Port Colborne, Ontario, Canada, L3K 5K9 (“DDP Learning" or “we” or “us”).
You may contact us at info.darkdovepublishing@gmail.com and/or 1-905-246-3277.
WEBSITE DISCLAIMER:
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
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Harass, annoy, or mistreat other users of our Site;
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Violate the rights of other users of our Site;
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Violate the intellectual property rights of the Site owners or any third party to the Site
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Hack into the account of another user of the Site;
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Act in any way that could be considered fraudulent;
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Post any material that may be deemed inappropriate or offensive;
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Transmit computer viruses that could affect other users;
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Show belligerent behavior toward instructors or site owners; or
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Posting of lewd or vulgar items or statements that make other users uncomfortable.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site, and thereby you forfeit any refunds, if any, that you may or may not have been privy to. We also reserve the right to commence legal steps necessary to prevent you from future access to our Site. Any libel or defamation uttered/written against this Site may result in legal action.
All fees are due payable at registration, including but not limited to, any (and all online) courses, memberships, bookings of services, and the purchasing of products or swag.
Standard Terms for the Purchase of Online and Taught Courses
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Taught Course or Service provided. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course, or Service, and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions, and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course, then the conflict shall be resolved by applying the following order of priority:
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Course Specific Terms and Conditions;
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These Standard Terms for the Purchase of Online and Taught courses or any Client Services;
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Website Disclaimer.
Regarding purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which are final and binding. If you do not agree to these terms and conditions you must cease to continue purchasing any course or service from us. Continued purchases following any complaint, nullifies any claims you have against Dark Dove Publishing ("DDP") and any of its instructors, employees, and owners hereto.
1. Definitions
“Confidential Information” means the information provided by one party to the other in written, graphic, recorded, machine-readable, or other forms concerning the business, clients, suppliers, finances, and other areas of the other party’s business or products, including, without limitation, the course materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Dark Dove Publishing Learning, The WRITE Affiliates, and J.L. Slipak, to accompany a course provided as part of the services in hard copy or electronic form.
“Fees” means the fees paid by you to Dark Dove Publishing for their services, courses, and products.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information, and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely. All ideas presented in "online courses" are subject to change, updates, or discontinuance, as we deem necessary and without notice.
“Services” means the provision of the online course and/or the taught course and/or the course materials together with such other services or courses as agreed from time to time and purchased by you through the website or on your telephone, or other communications as arranged.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person, offered locally in a workshop format during times scheduled between parties. Payment is received up-front and the cost is dependent on course content/material, requirements, attendance, length, location, and who creates the program course. Half payment is refunded due to cancellation by you, and all but 15% is refunded if canceled by Dark Dove Publishing, The WRITE Affiliates, or any of their employees.
“Website” means www.darkdove-publishing.com.
“you” means the individual purchasing the services or course.
2. The Services or Courses
2.1 A description of the services or courses together with the dates on which the services or courses will begin are available on our website. We will provide the services or courses with reasonable care and skill in accordance with the description set out on the website.
2.2 We reserve the right to vary or withdraw any of the services described on the website without notice.
2.3 We expect you to confirm that the services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the services or courses.
3. Ordering Services
Purchasing Services, Courses Via The Website
3.1 In order to purchase any of the services or courses online, you must register for an account with us via the website. If you already have an account with us you can log into your account using your username and password. All information is kept confidential unless you make the same public.
Purchasing Services Via Website and Telephone
3.2 At this time, all services and courses cannot be purchased over the telephone directly.
3.3 When you place an order for a service, or course via the website, or on your telephone you are offering to purchase the services and courses as per these terms and conditions. Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak reserves the right to cancel or decline your order or any part of your order at any time if not in accordance with clause 3.5 below.
3.4 Following payment by you for services via the Website regardless of what tool was used ("desktop, laptop, phone")or we will contact you confirming receipt of your order using the email you've provided and will continue to use for the duration of membership/courses, or services. Any emails provided to us that no longer accept our emails/contact during the course, service contracts, etc., will result in your account being frozen, canceled, or restricted until a working email is provided.
3.5 A legally binding agreement between the parties involved occurs:
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when you purchase services, courses, or products from us, and the same is confirmed via email; and
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we've received payment of the relevant Fees from you in accordance with your purchase; and
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all are bound as stipulated in clause 5 below.
3.6 Where your order consists of multiple online courses or multiple taught courses, or multiple services each item is treated as an individual item in both charge and delivery. No substitutions are allowed. Once purchased, there are no refunds and the course is accessible by you until cancelation of membership by you or us. This is subject to change without notice.
3.7 Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak do not and are not responsible for booking any examinations with any professional body or examination board. Our courses are information sharing based on further honing writing crafts.
4. Cancellation and Variation
4.1 All course fees are non-refundable. All course fees pay for time spent in the preparation of course materials. All courses are subject to change and are open to continued access once a one-time payment has been received for that service/course. Once paid you are allowed to return to the course materials and make use of any said changes or additions as long as the course remains open. Once the course is closed, access will be denied and an additional payment of course fees will be required to gain access to the program/course/service, etc. Please note that additional material adages have no current schedule.
4.2 If you have purchased an online course and have already accessed, downloaded all or part of the online course, and/or started to use that online course then canceling orders at this time will NOT result in a refund, and gaining access after canceling by you will not occur.
4.3 Variation of course dates will be at the entire discretion of Dark Dove Publishing, The WRITE Affiliates, and/or J.L. Slipak.
5. Fees
5.1 The Fees for the services shall be clearly defined on the website. Payment is a one-time fee. There are no payment plans at this time.
5.2 Unless otherwise specified at the time you purchase services, courses, or products, the fees are subject to GST/HST taxes if in Ontario, and any other tax as deemed by your location. Any shipping costs associated with a purchase, are paid by the purchaser(s). Any delivery costs of course materials, if any, are paid by the purchaser. This pertains mainly to course textbooks if any, or workbooks related to enrolled courses. Each of these costs, if any, will be described in detail on our website in a clear and precise manner.
5.3 There are no examinations for certification offered. The courses offered are information-based courses for your writing use. All content is researched and based on the experience and expertise of the instructor and may contain opinions as to how to complete certain tasks.
5.4 Fees for the service or course selected by you on the website or purchased on your telephone shall be debited from your account as specified through your method of payment at the time of purchase. Fees must be paid in full prior to you beginning, attending, or, receiving any service, any taught course, or accessing any online course.
5.5 Any fees charged by your debit or credit card provider in connection with your purchases from us are strictly your responsibility, and Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak shall not be responsible for these.
5.6 You shall be responsible for all costs you incur in connection with your attendance at any taught courses or your access to any online course. You are responsible for attending and completing the course(s) purchased within the available time as stipulated.
6. Liability
6.1 No part of the provision of the services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of legal advice. These are terms of service, and policies belonging to Dark Dove Publishing, The WRITE Affiliates, J.L. Slipak, or any employee of the same.
6.2 Although Dark Dove Publishing's main goal is to provide any service, course, or product to the highest standards of the industry, neither they, its imprint or CEO, employees, or instructors accept any liability for (i) any inaccuracy or misleading information provided in the programs or course materials, and any reliance by the purchaser, client, participant on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3 Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties, or other terms shall apply to the services. Subject to clause 6.5 no implied conditions, warranties, or other terms apply (including any implied terms as to satisfactory quality, completeness for purpose, or conformance with description).
6.4 Subject to clause 6.5 below, Dark Dove Publishing, The WRITE Affiliates, J.L. Slipak's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited only to the fees received by us in connection with the relevant online course or taught course in relation to which a dispute has arisen and paid at the discretion of Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak.
6.5 Nothing in this Agreement shall exclude or limit Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak’s filing for liability as it pertains to
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libel
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intentional fraudulent misrepresentation
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any other matter which under Canadian law may not be limited or excluded.
6.6 No claim may be brought more than three months after the last date on which the services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1 All Intellectual Property Rights in the course materials, online courses and the speeches made by instructors at the taught courses are, and remain, the intellectual property of Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak or its licensors, whether adapted, written for, or, customized for the client, participant, purchaser or not.
7.2 You are not authorized to:
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copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or print and distribute any of the course materials without prior written permission by Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak;
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record on video or audio tape, relay by videophone or other means the online course or taught course provided
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use the course materials in the provision of any other course or training whether given by us or any third party instructor;
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remove any copyright or other notice of Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak on the course materials, for the intention of redistribution;
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modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the online courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate your account and prevent any access to online content on our website, be it online courses, services, or information.
7.3 In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the course materials and the software in respect of the online course for the sole purpose of completing the online course and/or attending the taught course. Any further use of our materials is for your personal, private use unless special permission is obtained for any other purpose.
8. Confidentiality
8.1 Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
8.2 Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3 This clause shall continue notwithstanding termination of these terms and conditions.
9. Termination
9.1 We shall be entitled to terminate membership and online access in case of:
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failure to pay fees when due
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actions by you deemed as aggressive, bullying, offensive, threatening, or harassing towards any employee of Dark Dove Publishing, The WRITE Affiliates, J.L. Slipak, any instructor, or lecturer who provides the taught or online courses or any client who purchases services from Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak
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cheating or plagiarise any work which you are required to prepare or submit in connection with the services or courses or during any quiz taken in connection with the services or courses
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stealing or acting in fraudulent or deceitful manners towards Dark Dove Publishing, The WRITE Affiliates, J.L. Slipak or their employees, or any other students/participants/clients who may be using our online courses, forums, services, and on our premises, or attending our taught courses
For In-Person:
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intentionally or recklessly damaging any of our property or the property of our employees or other students attending our premises
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are intoxicated through alcohol or illegal drugs while on our premises
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criminal offenses being committed on our premises or where the victim is our employee or student
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are in breach of these terms and conditions.
9.2 On termination clauses 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
Any services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13. Assignment
We may assign, transfer, or subcontract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 The nature of the services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the services, course, or product you agree to this use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this data and use it to contact you and provide you with details of the services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, provide you with communications. We will not pass any personal data onto anyone outside of Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak.
14.3 To enable us to monitor and improve our services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name, and IP address, the URL you came from and go to, and the parts of the website you visit.
14.4 We use information such as your User ID, session identifiers, and password to enable us to identify whether you are using our services, assist with the provision of services, and ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
14.5 Our products may link to third-party websites and we are not responsible for their data policies or procedures or their content.
14.6 Dark Dove Publishing, The WRITE Affiliates, and J.L. Slipak endeavor to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
14.7 All information provided here is deemed written without prejudice.
14.8 If you wish to change or update the data we hold about you, please e-mail info.darkdovepublishing@gmail.com
15. Law and Jurisdiction
This Agreement is subject to Canadian law and the parties submit to the exclusive jurisdiction of the Canadian courts in connection with any dispute hereunder.
16. Notices
You can contact us by any of the following methods:
Email: info.darkdovepublishing@gmail.com
Post: Dark Dove Publishing, 238 Westside, Port Colborne, Ontario, Canada L3K 5K9
Telephone: 905-246-3277