Terms and Conditions of Use for Examination Syndicate

Last Updated: 11/22/2025

1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your use of the services, website, and application (collectively, the "Services") provided by ESyndicate Inc. (operating as "Examination Syndicate," "we," "us," or "our"). By accessing or using our Services, you ("the Client," "you," or "your") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

 2. The Services

2.1. Upon the commencement of your subscription and subject to your payment of the applicable fees, we shall provide the Services to you.
2.2. We will provide the Services using reasonable care and skill.
2.3. We shall use all reasonable endeavours to complete our obligations under the Agreement.
2.4. The Services shall be provided in accordance with good industry practice. Our sole responsibility for a material failure to meet this standard is to re-perform the relevant Services, provided you give us written notice within 10 business days.
2.5. We shall ensure compliance with our Privacy Policy and applicable data protection laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).
2.6. Any customised offers provided on our website will expire and lose their validity after 30 days, unless otherwise specified.

3. Payment

3.1. All payments must be made within 30 days of the invoice date in Canadian Dollars (C$), without any set-off or deduction, unless otherwise agreed in writing.
3.2. Time of payment is of the essence. If you fail to make a payment on the due date, we have the right to charge interest on a daily basis at an annual rate equal to the aggregate of 2% and the Bank of Canada's overnight rate.

4. Returns and Refund Policy

4.1. We offer a 14-day refund policy for individual training course purchases, subject to fair usage. If you fully complete a course or we deem you to have taken significant advantage of the product before claiming a refund, this policy will be invalidated.
4.2. Notwithstanding Clause 4.1, once an annual subscription is auto-renewed, the learner relinquishes the entitlement to a refund.
4.3. The provisions in this Clause 4 do not impact the refund stipulations detailed in Clauses 10.1 and 10.6.

5. Confidentiality

5.1. Both parties shall keep all Confidential Information confidential during the term of this Agreement and for 5 years after its termination.
5.2. Confidential Information may only be disclosed to necessary employees, subcontractors, or authorities, provided the recipient is made aware of and agrees to its confidential nature.
5.3. The obligations of confidentiality shall not apply to information that becomes public knowledge through no fault of the receiving party.
5.4. Nothing in this clause negates either party’s obligations under PIPEDA or our Privacy Policy.
5.5. We employ industry-standard security measures but cannot guarantee absolute protection of your personal data.

6. Variation and Amendments

6.1. If you wish to vary any details of the service, you must notify us in writing. We will endeavour to make the changes, and any additional costs will be agreed upon in writing beforehand.
6.2. If we have to change the provision of the Services due to circumstances beyond our control, we will notify you immediately and endeavour to keep changes to a minimum.

7. Termination

7.1. Either party may terminate the Agreement with immediate written notice if the other:
7.1.1. Fails to pay any sum due within 30 days of the due date;
7.1.2. Commits a material breach of these Terms and fails to remedy it within 14 days of notice;
7.1.3. Becomes insolvent or has a receiver appointed.
7.2. If a term licence is terminated part-way through the contracted term, you are not entitled to a refund.
7.3. Termination is without prejudice to the rights and liabilities of either party accrued prior to termination.

8. Intellectual Property Rights and Copyright

8.1. Ownership and Acknowledgement: All intellectual property rights (IPR), including copyrights, patents, trademarks, and trade secrets, in the Services, course materials, examination content, software, and website are and shall remain the exclusive property of Examination Syndicate and its licensors. You acknowledge the validity of these rights.
8.2. Limited License: You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and materials for your own personal, non-commercial educational purposes only for the duration of your active subscription.
8.3. Prohibited Acts. You expressly agree NOT to:
8.3.1. Copy, reproduce, download, "rip," record, capture, store, or distribute any course content, video, audio, text, or assessment materials.
8.3.2. Modify, adapt, translate, create derivative works from, reverse engineer, decompile, or disassemble any part of our Services.
8.3.3. Share your account credentials or provide access to the Services to any third party.
8.3.4. Record, screenshot, photograph, or otherwise capture any content presented in the Services.
8.3.5. Republish, transmit, or distribute any material to any peer-to-peer network, file-sharing service, or other website.
8.3.6. Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
8.4. User-Generated Content: By submitting any content (e.g., forum posts, assignment answers), you grant us a perpetual, royalty-free license to use, host, and store that content. You warrant that you own all rights to such content and that it does not infringe any third-party rights.
8.5. Copyright Infringement (DMCA Notice): We respect the intellectual property of others and require our users to do the same. If you believe your copyrighted work has been copied in a way that constitutes infringement, please notify our designated agent at [email protected] with a written communication containing:
A physical or electronic signature.
Identification of the copyrighted work.
Identification of the infringing material and its location.
Your contact information.
A statement of good faith belief that the use is not authorized.
A statement, under penalty of perjury, that the information is accurate and you are the rights holder.
8.6. Action for Infringement: We will promptly investigate and take appropriate action, including removing access to infringing material and terminating the accounts of repeat infringers.
8.7. Indemnification: You agree to indemnify and hold Examination Syndicate harmless from any claims, damages, or losses (including legal fees) arising from your infringement of any intellectual property rights.

9. Limitation of Liability

9.1. This clause sets out our entire financial liability for any breach of the Agreement.
9.2. All warranties and conditions implied by statute or common law are excluded to the fullest extent permitted by law.
9.3. Nothing in these Terms excludes liability for death or personal injury caused by negligence, or for fraud or gross negligence.
9.4. We shall not be liable for any indirect, consequential, or pure economic loss, including loss of profits, business, data, or goodwill.
9.5. Our total aggregate liability shall in all circumstances be limited to 125% of the amount actually paid by you to us under this Agreement in the 12 months preceding the claim.

10. Subscriptions, Rights & Obligations

10.1 Annual Subscriptions
10.1.1. An annual subscription provides access to a set of courses for one year.
10.1.2. You are limited to 30 active courses at any given time.
10.1.3. Annual subscriptions do not include courses offered by third-party Awarding Bodies.
10.1.4. Course assignment is subject to availability.
10.1.5. Refunds are not available for discounted annual subscriptions.
10.1.6. No refund is available if you complete 50% or more of multiple courses.
10.1.7. Auto-renewal applies, and no refund is available after renewal.

10.2 Subscriber Obligations
10.2.1. You are granted a limited, non-exclusive, revocable, non-transferable license.
10.2.2. We may change, enhance, or modify the Services at our discretion.
10.2.3. You must abide by all published rules regarding conduct.
10.2.4. You must not share access, distribute viruses, or use the Services unlawfully. You must not reverse engineer, copy, or misuse any content.

10.3 Right to Cancel an Order (Individual Courses)
10.3.1. You may cancel an individual course order within 14 days of delivery by emailing us or calling us.
10.3.2. As a subscriber, you may enrol in up to 30 courses at any time.

10.4 Right to Cancel Membership
You may cancel your subscription at any time from your account settings. Upon cancellation, you will lose access to all courses at the end of your billing period.

10.5 Cancellation-Related Changes
10.5.1. Membership can be cancelled from your profile or via a third party if applicable.
10.5.2. We reserve the right to terminate your access for non-compliance with these Terms.
10.5.3. You may renew a cancelled membership at any time.
10.5.4. We reserve the right to modify service plans and prices, with notice.
10.5.5. We do not offer refunds for partial membership periods.

10.6 Lifetime Access
10.6.1. The "Prime Learners" program grants a one-time fee for lifetime access to 1500+ courses.
10.6.2. This access is non-transferable.
10.6.3. All sales for the Lifetime Access program are final and non-refundable, especially if purchased at a discount or after 50% course completion.
10.6.4. We reserve the right to cancel lifetime access for breach of these Terms.

11. Course Exchange

11.1. You may exchange a course once, provided you have not been issued a certificate for it.

12. Technical Support
12.1. We will provide technical support during normal business hours to resolve problems with our web-based application.
12.2. Support may be limited if the issue stems from your unsupported device, browser, or IT infrastructure (e.g., firewall).
12.3. In such cases, we may refer you to a recommended IT support partner (at your cost) or you may consult your own provider.
12.4. To provide a better learning experience, some requests may be handled by a community expert. Please do not share sensitive information in these forums.