Terms and Conditions

For use of NeonTrain's Brightspace.

Terms of Service and Privacy Policy for Users
Last Updated: May 25, 2021


Please read these Terms of Service and Privacy Policy for Users (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. If you are a child, your guardian must review and consent on your behalf. By accessing or using the NeonTrain Platform, you agree to comply with and be bound by these Terms. These terms shall be governed by the Laws of Nova Scotia.

Scope of NeonTrain Services

1. The NeonTrain Platform is an online platform that enables registered users (“Users”) to access content provided by content providers (“Providers”). The NeonTrain Platform allows Providers to offer eLearning services (“Content”) to Users pursuant to the Terms on the NeonTrain Platform and to communicate and transact directly with Users.

2. NeonTrain does not own, create, sell, resell, provide, control, manage, or offer any content. Providers alone are responsible for their content and relevant certification. You understand and agree that when you use NeonTrain’s platform you are contracting directly with the Provider. NeonTrain is not and does not become a party to or other participant in any contractual relationship between you, the User, and the Provider. If you have questions on how the Provider collects and uses your personal information you should contact the Provider directly to find out more about their practices.

3. NeonTrain is not acting as an agent in any capacity for any Provider, except as specified in the Payment Terms.

4. The NeonTrain Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. NeonTrain is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by NeonTrain of such Third-Party Services.

5. NeonTrain cannot guarantee the continuous and uninterrupted availability and accessibility of the NeonTrain Platform. NeonTrain may restrict the availability of the NeonTrain Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the NeonTrain Platform. NeonTrain may improve, enhance and modify the NeonTrain Platform and introduce new NeonTrain Services from time to time. NeonTrain is not liable for any interruption of service for any reason.

Eligibility, Using the NeonTrain Platform, Member Verification

6. To access and use the NeonTrain Platform or register a NeonTrain Account you must be an adult or provide the consent of your guardian.

7. The access to or use of certain areas and features of the NeonTrain Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the NeonTrain Platform.

8. If any conflict arises between these Terms of Service and other terms and conditions applicable to a specific area or feature of the NeonTrain Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

Account Registration

9. You must register an account ("NeonTrain Account") to access and use certain features of the NeonTrain Platform. You must provide your full legal name upon registration and confirm you are not a minor. If you are a minor, your guardian must register your account and provide their information and they will be bound by these Terms.

10. If you are registering a NeonTrain Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

11. You must provide accurate, current and complete information during the registration process and keep your NeonTrain Account and public NeonTrain Account profile page information up-to-date at all times.

12. You may not register more than one (1) NeonTrain Account unless NeonTrain authorizes you to do so. You may not assign or otherwise transfer your NeonTrain Account to another party.

13. You are responsible for maintaining the confidentiality and security of your NeonTrain Account credentials and may not disclose your credentials to any third party. You must immediately notify NeonTrain if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your NeonTrain Account. You are liable for any and all activities conducted through your NeonTrain Account.

Content

14. The NeonTrain Platform and Provider Content is protected by copyright, trademark, and/or other laws of Canada. You acknowledge and agree that the NeonTrain Platform and Provider Content, including all associated intellectual property rights, are the exclusive property of NeonTrain and/or the Provider.

15. You will not copy, remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the NeonTrain Platform. All trademarks, service marks, logos, trade names, and any other source identifiers of NeonTrain or the Provider used on or in connection with the NeonTrain Platform and Provider Content are trademarks or registered trademarks of NeonTrain and/or the Provider.

16. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Provider’s Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by NeonTrain or the Provider, except for the rights expressly granted in these Terms.

17. Any Content that includes personally identifiable information of Users will only be used for purposes that comply with applicable data protection laws in accordance with Personal Information Protection and Electronic Documents Act.

18. You the User will not post, upload, publish, submit or transmit any content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) or violates any other NeonTrain policy.

19. NeonTrain may, without prior notice, remove or disable access to any Provider Content or User account that NeonTrain finds to be in violation of applicable law, these Terms, or otherwise may be harmful or objectionable to NeonTrain.

20. NeonTrain provides a platform for Providers to offer content and communicate with Users. NeonTrain does not investigate or verify the certification or regulatory requirements that may apply to the Content offered by Provider, including but not limited to, any compliance obligations or steps necessary to comply with any provincial or federal laws and regulations.

Electronic Communications

21. You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.

22. NeonTrain is not liable or responsible for maintaining or providing any records or User profile or account information outside of any registered User’s active eLearning program on the NeonTrain Platform.

Privacy & Confidentiality

23. NeonTrain conforms to the Personal Information Protection and Electronic Documents Act (“PIPEDA”)governing the collection, use, disclosure, retention, disposal and destruction of personal information. In collecting, using or disclosing personal information, we take measures to ensure the privacy and confidentiality of the information is protected in accordance with the PIPEDA. Personal information may be collected and stored in different ways in order to meet legislative requirements.

24. The Services are not directed to minors, including children under the age of 13, and we request that they not provide personal information through the Platform but if they do so provide, it is on the basis that the child’s guardian has accepted all Terms, provided agreement and included their relevant personal information and consent in the registered User’s account.

Limitation of Liability Regarding Use of Site

25. NeonTrain and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, consequential, incidental, exemplary, punitive or other damages whatsoever (including without limitation, those resulting from loss of profits, data) arising out of or relating in any way to the site, site related services, content or information contained within the site and/or any linked website, whether based on warranty, contract, tort and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with NeonTrain, NeonTrain related services, and/or linked websites is to stop using the site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of NeonTrain to you with respect to your use of the Platform is One Hundred Dollars ($100).

Modification of these Terms

26. NeonTrain reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the NeonTrain Platform and update the “Last Updated” date at the top of these Terms.

General Provisions

27. If you have any questions about these Terms please email us at privacy@neontrain.com

28. By proceeding to use the NeonTrain Platform, you, and/or your guardian if a minor, hereby consent and agree to NeonTrain’s Terms.