Terms & Conditions of Use
Effective August 5, 2020
Welcome to www.nca-tutor.com or www.ncatutor.ca or www.ncatutor.com or www.ncatutor.co.uk “Site”. This Site is provided by Lex Professional Development Group Inc. (“Lex PD”), operating as “NCA Tutor™”. Use and access to this Site is conditional upon your acceptance of the Terms and Conditions of Use (“Terms”) set out below. By accessing, reading, purchasing materials or services, or using the Site in any manner, you agree to be bound by the Terms. These Terms form a binding agreement between You and Lex PD. Please read them carefully. If you do not agree to be legally bound by the Terms, you are not permitted to use or access this Site.
Changes to our Terms and Conditions of Use
Lex PD reserves the right to modify, update, add or remove any part of the Terms without notice so please check back regularly. The changes will take effect at the time the amendments are made. If you do not agree to the changes, you should not use this Site or our services. If you continue to use the Site after changes are rendered to the Terms, your continued use will constitute an acceptance of the changes.
Changes to the Site
At any time, Lex PD may modify, update, add or remove any part of the Site without notice. Lex PD may also make changes to any features or offerings without notice.
Copyright
All of the content on this Site, including logos, texts, videos, audio clips, blog posts, data compilations unless otherwise indicated, are the property of Lex PD and is protected by Canadian and International Copyright Law. The contents of this Site may not be reproduced, stored, translated, or transmitted without the written consent of Lex PD.
License and Access
Subject to your compliance with the Terms and any applicable payments or fees, Lex PD grants you a limited, non-exclusive, non-transferable, non-sublicensable license to make personal non-commercial use of our Site and Lex PD content/services. The license does not permit or include any resale or commercial use of any Lex PD content, product listings, service listings, blog posts or collection of any material for the benefit of another merchant or competitor.
Links to other Websites
Links found on this Site may link to other websites and other websites may link to this Site. Lex PD and its affiliates are not responsible for the content on those sites. Lex PD does not make any representations, warranties, nor endorse any of the websites linked to this Site nor any external websites found on this Site. A link found on this Site does not imply an endorsement, affiliation or association to that entity. You assume the risk of visiting any linked website and Lex PD and its affiliates will not be liable for any loss or damage in connection with the use or reliance on linked websites.
Legal Advice
The information provided on this Site is for informational and educational purposes and is not to be construed or relied upon as legal advice.
Author's Own Views
The content of our blog reflects the views of the author(s) alone and does not reflect on Lex PD, any third parties, or employers of the writer(s).
Preparation Materials – Refund Policy
Our notes, indices and/or other materials are sold to students enrolled in the NCA Tutor™ program on the condition that they are not to be shared, distributed, or reproduced in any form or fashion. When placing an order, you may be prompted to accept or reject the conditions once again. Lex PD reserves the right to cancel any order placed without reason. In such a case your order will be fully refunded.
Our notes, indices or other materials are sent to you via email electronically, we have no way of getting them back from you. Once your order has been placed, there are no refunds or exchanges on notes, indices, or other materials, regardless of whether you have already received them in your inbox. Please be sure to read the description of the product before making a purchase.
Notes are not to be construed as a substitute for your own studying and reading of course materials. Students should purchase the required textbooks set out in the most up to date NCA Syllabus. It is your responsibility to ensure that you are studying off of the correct materials. From time to time, the National Committee on Accreditation may update their syllabi and it is your responsibility to check that you are studying materials from the latest syllabi. We do not provide free updates to students who purchased notes based on a previous edition of a syllabus and we cannot guarantee that we will be able to provide updated notes once a syllabus is revised. Notes are provided on an "As Is" and "As Available" basis.
Class Enrollment – Refund Policy
In order to enroll in either group intensive classes or exam workshops, or private tutoring, you are required to provide Lex PD with your full name, billing address and contact details. Your personal details are covered by our privacy policy. You will also be required to provide a non-refundable deposit for each intensive class or workshop. The deposit is non-refundable under any circumstances, even if a student requests to simply switch to another class.
Each student who enrolls in our program is required to settle the balance and pay for the entire course before the start of the first class, regardless of whether they attend the class or not. Students who join the classes via video web-conferencing must ensure that they have a strong and consistent internet connection. Lex PD is not responsible if you are unable to connect to the class because of technical difficulties and your money will not be refunded in such a case. Please make sure to test out your internet connection, microphone, and video camera settings well in advance of any classes.
Recording Devices or Software
Lex PD does not permit any of its classes to be recorded, stored, and/or distributed in any form or fashion.
Canceled Courses – Refund Policy
In the event that a course has to be canceled by Lex PD for any reason (e.g. if classroom space becomes unavailable or if an instructor is ill), we will attempt to reschedule the class. If we cannot reschedule the class, your money will be fully refunded to you.
Loyalty Rewards Program
This program is only applied to prospective orders. The discount cannot be applied retroactively. To qualify, you have to purchase 3 sets of notes from the NCA Tutor website at full cost. Notes sold at a discount or sale price do not qualify.
The 10% discount applies to NCA notes and bar indices for the Ontario bar exams provided they are available for purchase on our website. This discount cannot be combined with other offers and cannot be applied retroactively.
Disclaimer
The use or reliance on this Site or its contents or services shall be at your sole risk. Lex PD, its affiliates, agents, directors, shareholders, or service providers do not make any representations or warranties, express or implied, regarding the contents, merchandise or services provided through this Site. The contents, notes, indices, materials and/or services are provided on a “As Is” and “As Available” basis. Without limiting the generality of the foregoing, Lex PD does not make and disclaims any representations or warranties, express or implied, as to the accuracy, completeness or the quality of the contents, merchandise or information provided by this Site, nor to title or non-infringement, nor to the merchantability or fitness for a particular purpose, nor to the absence of any computer software virus or other harmful components.
Liability for our Services
Under no circumstances shall Lex PD, its employees, agents, officers, shareholders, directors, or affiliates be responsible or liable for any loss or damages (without limiting the generality of the foregoing) of any indirect, special, incidental, consequential, punitive or exemplary damages arising from or in connection to the use of or inability to use or access this Site, any of its contents or merchandise thereof, any delivery or services provided by Lex PD.
Jurisdiction and Applicable Law
This Site is operated by Lex PD from within the Province of Ontario and can be accessed from all around the world. Each Country, State or Province may contain its own laws that differ from Ontario. All matters relating to the use and access of this Site or its services shall be governed by the laws of the Province of Ontario and the laws of Canada. You expressly agree that any claim or dispute that arises out of the use of this Site, its contents or its services are the exclusive jurisdiction of the courts located in Ontario, Canada. If any term or expression is found to be unenforceable, that will not affect the applicability or enforcement of any other term.