Terms of Use | Young Drivers

Terms & Conditions

The following are the terms and conditions (the “Agreement”) which govern your access and use of our online platform through which services may be provided (collectively the “Platform”). The Platform is owned and operated by Young Drivers of Canada (“YD or the “Company”). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties.

By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform. When you register with the Platform, we will ask you to expressly agree to these terms of use. If you do not register, some information and functionality will not be available, but these terms of use still apply. When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to the Company.

For Ontario residents: A ministry-approved BDE Course Provider shall obtain student for the release of personal information (part of the Student Registration form). All Course Providers shall include the following wording for the release of information statement: I certify the that the statements in this document are accurate and consent to the release of any information contained herein to the Ministry of Transportation, Insurance Bureau of Canada and the auditing firm retained by the Ministry.

Privacy and Security

Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our and privacy practices can be found on our Privacy Policy (The ‘Privacy Policy’).

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

Licence to use the Platform and documents or other material downloaded from the Platform

Unless otherwise stated, we or our licensors own the intellectual property rights in the Platform and material on and available for download from the Platform. Subject to the licence below, all these intellectual property rights are reserved.

Except as expressly stated in these Terms of Use, we reserve all rights to all materials on the Platform, including, without limitation, written content, graphical and design elements (including the Platform’s “look and feel”), and service marks and trademarks. By submitting material to any area of the Platform, you automatically grant, or warrant that the owner of such material has expressly granted, to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You may not sell, transfer or assign any products or services or your rights to any products or services provided by us to any third party without our express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Platform materials. You may not use (or encourage or help others to use) the Platform for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You acknowledge and agree that these Terms of Use in no way convey any right, title or interest to you in any materials on the Platform, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.

You may view, download for caching purposes only, print pages, download PDF documents and other electronic files which are specifically offered within the content pages from the Platform for your own personal use, subject to the restrictions set out below and elsewhere in this Agreement.

Acceptable Use

You must not use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our express written consent.

You must not use our Platform to transmit or send unsolicited commercial communications.

You must not use our Platform for any purposes related to marketing without our express written consent.

Restricted Access

Access to certain areas of our Platform is restricted. We reserve the right to restrict access to other areas of our Platform, or indeed our whole Platform, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our Platform or other content or services, you must ensure that that user ID and password are kept confidential.

If at any time during the term of this agreement we come to the understanding that you misled us or at any time if we deem in our sole discretion to be necessary or appropriate, we may disable your user ID and password in our sole discretion without notice or explanation and/or terminate your account and/or your access to the Platform.

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation:

Accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding”, “mailbombing” or “crashing”;
Sending unsolicited e-mail, including promotions and/or advertising of products or services;
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violation of these rules may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

User Generated Content

In these terms of use, “user content” means material (including without limitation text, photograph, images, audio material, performance, video material and audio-visual material, in any media or format) that you submit to our Platform, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You irrevocably authorize the Company to use your user content ("Likeness") for any purpose, including but not limited to advertising, publicizing or marketing for the Company, and to use and license others to use your Likeness for such purposes, without any compensation to yourself, including, but not limited to, the right to display, reproduce, and distribute it in all media, and the right to create, perform, display, or reproduce derivative works thereof. You further acknowledge and agree that all property rights in and to the Company's use of your Likeness are the sole and exclusive property of the Company in perpetuity without limitation and waive any right of privacy associated with your Likeness, as well as any right to inspect or approve the finished product wherein your Likeness appears.

You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our Platform) must not:

Be libellous or maliciously false;
Be obscene or indecent;
Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
Infringe any right of confidence, right of privacy, or right under data protection legislation;
Constitute negligent advice or contain any negligent statement;
Constitute an incitement to commit a crime;
Be in contempt of any court, or in breach of any court order;
Be in breach of racial or religious hatred or discrimination legislation;
Be blasphemous;
Be in breach of official secrets legislation;
Be in breach of any contractual obligation owed to any person;
Depict violence in any form;
Be pornographic or sexually explicit;
Be untrue, false, inaccurate or misleading;
Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
Constitute spam;
Be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory;
Cause annoyance, inconvenience or needless anxiety to any person; or
Use the facilities of our Platform to post any content that may bring us, its users or any third parties into disrepute.

Your user content may not contain:

URLs or links to websites that compete with the Platform
Copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material);
Trade secrets (unless you own them or have the owner’s permission to post them);
Any material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
Anything that is sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or
Anything that is embarrassing or offensive to another person, group or entity.

You may not use your user content to impersonate another person, living or dead, or post false, inaccurate or misleading information;

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our Platform to link to any website or web page consisting of or containing material that would, were it posted on our Platform, breach the provisions of these terms of use.

You must not submit any user content to the Platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We are under no obligation to monitor user content, but we may monitor such at random. Any user content we find in our sole discretion to violate these Terms of Use may be removed. If we are notified by a user that any user content on the Platform violates these rules, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user content. We are not required to make any such investigation or to remove any user content, and we will not be liable to any user for taking or not taking such actions. We reserve the right and may, without any notification, monitor, moderate, edit or remove any or all user content submitted to our Platform, or stored on our servers, or hosted or published upon our Platform.

Third Party Content

The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content. Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Platform (a “third-party site”). We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.

Copyright

We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information required by the Notice and Notice regime of the Copyright Modernization Act, S.C. 2012, c. 20 and Copyright Act, R.S.C., 1985, c. C-42, and/or Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Interpretation

We are the sole interpreter of the Platform uses described in these Terms of Use. Users who violate these rules may have their access and use of the Platform suspended or terminated at our discretion. We may at any time take any action with regard to user content that we deem in our sole discretion to be necessary or appropriate.

Limited Warranties

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Platform and the use of this Platform (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Any opinions, views, reviews and/or knowledge submitted and published on this Platform by any individual user are their own and do not necessarily represent the views, opinions, knowledge and/or position of the the Company.

Disclaimer of Warranty and Limitation of Liability

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM. EACH PARTY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE.

To the extent that the Platform and the information and services on the Platform are provided to you free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. The limitations and exclusions of liability in this paragraph will apply whether or not the liability in question arises out of any reckless, deliberate, personal and/or repudiatory conduct or breach of contract.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

Your Account, Representations, Conduct and Commitments

You hereby confirm that you are legally able to consent to receive or provide services, as applicable, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.

You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.

You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.

You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the account or Account Access of any other person for any reason.

You agree and confirm that your use of the Platform, including the services, are for your own personal use only and that you are not using the Platform or the services for or behalf of any other person or organization.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Company.

If you receive any file from us, or from those using the services, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable legal fees and expenses) arising out of or relating to any of the following:

Your access to or use of the Platform;
Any information or materials on the Platform or provided to others;
Any actions made with your account or Account Access whether by you or by someone else;
Your violation of any of the provisions of this Agreement;
Non-payment for any of the services arranged through or by virtue of access to the Platform;
Non-performance of any of the services arranged through or by virtue of access to the Platform; and/or,
Your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

This clause shall survive expiration or termination of this Agreement.

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.

If you have any concerns about a bill or a payment, please contact us immediately by sending an email to info@yd.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to issuing partial or full refunds where applicable.

Courses Attendance – Provincially Approved Classroom/Virtual Sessions

All students must start a course with classroom/virtual session #1 and follow the sequence of the provincially approved curriculum to the end.

Students must attend classroom/virtual sessions #1 & #2 to begin scheduling in-vehicle lessons.

Courses Non-Attendance – Provincially Approved Classroom/Virtual Sessions

Failure to attend any course classroom/virtual session will result in a non-attendance charge of $300 per occurrence plus applicable taxes, which fee is agreed to be taken from the credit card on file, or if no credit card can be charged, the fee must be paid before classroom/virtual sessions can be rescheduled.

Exceptions may be made for illness or extenuating circumstances provided contact is made with a YD representative a minimum of 48 hours in advance of the scheduled classroom/virtual session.

Expirations; Completions; Certificates

Courses, lesson package and lessons purchased must be completed or will expire one (1) year, excepting Premier packages that will expire two (2) years, from the later of (the "Start Date"): (i) the date of purchase; or (ii) the starting date of the course, lesson, or first lesson of a lesson package. Once expired, all data related to a course, lesson package or lesson will be archived and will not be accessible for any future course, lesson package or lesson.

For courses, completion thereof involves attending all classes, whether virtual or in-person, completing all required eLearning or online modules, finishing the CogniFit® assessment and in-vehicle lessons, and passing all necessary tests/assessments, including the final in-vehicle evaluations (DCE4 and YD80) in order to receive a YD certificate. Upon completing a course Provincial Government certificates may be issued based on Provincial Regulations.

Course fees are valid for one (1) year, excepting Premier package fees that are valid for two (2) years, from the date of purchase. After that time, you may need to upgrade your course to current fees and education requirements to be eligible for certification.

Replacement certificates can be requested within seven years of the Start Date.

Gift cards that do not have an expiry date will not expire and may be put towards purchase of a new course, lesson package or lesson.

Refunds

Refunds will be issued up to four months from the purchase date for courses (including online, in-person or virtual), lesson packages and lessons, subject to the terms below. Refunds will be completed using the same method of payment as the original purchase. A cheque will be issued if the original payment method has expired. Refunds will not be issued for or during force majeure events including but not limited to strikes/lockouts or for gift certificates.

A) Online Courses – You may cancel and be entitled to a full refund if: the course has not expired; the cancellation is requested within seven days of purchase; no part of the course has been started; and, if cancellation is over seven days and the course has not expired, a maximum of 20% will be deducted for administration fees. If the course has been started, you may cancel if not expired and be entitled to a refund of the course fee paid less the following calculations: a maximum 20% administration fee; and, deduction(s) for any portions(s) of the program that has been delivered.

B) In-Person/Virtual (Zoom) Courses – You may cancel and be entitled to a full refund if: the course has not expired; the cancellation is requested more than two Business Days (being any day other than Saturday, Sunday or statutory holiday) prior to the start date; and, no part of the course has been started. If the cancellation is requested less than two Business Days from the course starting date, students are entitled to a refund of the course fees paid less the following calculations: a maximum 20% administration fee. If the cancellation is requested after training begins and the course has not expired, the students are entitled to a refund of the course fees paid less the following calculations: a maximum 20% administration fee; and, deduction(s) for any portion(s) of the program that has already been completed and/or delivered

C) Lesson Packages and Lessons - You may cancel and be entitled to a full refund if the lesson package or lesson has not expired and cancellation is received more than forty-eight (48) hours from the start time of a lesson or lesson in the lesson package to be cancelled. If cancellation is requested less than forty-eight (48) hours from a lesson start time, one hundred percent (100%) of the lesson fee will be non-refundable if paid or will be charged if not yet paid in full or in part where authorization is given by agreement to these terms and conditions to have the credit card used to purchase the lesson/lesson package charged for the lesson/package fee.

Transfer Policy

If you move after you register for your YD Course, you may be able to transfer to the YD Centre closest to your new home. The initial transfer of your records is done free of charge. However, you may be responsible for additional fees at your new Centre (for example, Road Test Package minutes may differ from Centre to Centre with a difference in course fee), and subject to the following:

Administrative fees may be added for subsequent transfer requests.
One component of your YD Course must be completed AND all fees must be paid prior to your records being transferred.
Not all provinces recognize training completed in other provinces. This will affect certification and any benefits provided through Graduated Licensing in different jurisdictions. Ontario and British Columbia do not recognize training completed in any other province. New Brunswick will recognize training completed in Atlantic Provinces only.

If you have not started your course, your full payment can be transferred to the new Centre.

If you have started your course, your records and any remaining course components can be transferred to the new Centre. Please contact your new Centre to ensure they can provide the service you are requesting and to determine if there will be any additional fees. The new Centre can then request the transfer of your records.

Please contact your local Centre or info@yd.com for information specific to your situation.

CogniFit New Driver Training

Research has show that by training your mental skills it is possible to improve in the following areas: judging distance and speed, concentration and memory, avoiding distractions and reacting more quickly to hazards. CogniFit New Driver training is an interactive online program that helps you to improve these important-to -driving cognitive functions.

Once payment is arranged, each student will receive an online access code. The 30-minute CogniFit Assessment (required in some provinces) should be completed prior to your first in-vehicle lesson. Your instructor will be able to use these results during your in-vehicle lessons. Based on the results of the CogniFit New Driver Assessment, the program designs 24 personalized training sessions (optional) of 20 minutes in duration. Once you log on to CogniFit you have up to one year to complete the assessment and two years to complete the exercises.

Adverse Weather

If in the opinion of the YD centre management, the weather might interfere with your in-vehicle lesson, you will be notified and the lesson will. be rescheduled for a later date. Driving in a little rain or snow can be good experience for a new driver. YD Centre management will assess educational quality vs. safety before, during and after any adverse weather conditions.

Violence, Threats to Safety

YD has a zero tolerance policy for violence or threats. In the event of violence, actual or implied threat, to the safety to any YD employee, officer, director, instructor, agent or representative, your access to the Platform will be revoked without recourse or refund with notification of appropriate authorities. Any booked and all unbooked in-car lessons will be forfeited.

Breaches of these Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

Send you one or more formal warnings;
Temporarily suspend your access to the Platform;
Permanently prohibit you from accessing the Platform;
Block computers using your IP address from accessing the Platform;
Contact your internet services provider and request that they block your access to the Platform;
Bring court proceedings against you for breach of contract or otherwise;
Suspend and/or delete your account with the Platform; and/or
Delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our Platform or a part of our Platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform and/or services, any part of the Platform and/or services or the use of the Platform and/or services, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

Trade Marks

Our logos and name belong to us. We give no permission for the use of our logo or logos and name without express written permission in advance, and such use may constitute an infringement of our rights. Other registered and unregistered trademarks or service marks on our Platform are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the Platform and/or services, by email to the email address that we have on record, by regular mail or by posting it online. Notices sent to us must be delivered by email to info@yd.com. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm on a Business Day in the recipient’s location. Notices received after 5pm or on a non-Business Day shall be deemed received on the next Business Day.

Important notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the Province of Ontario, Canada excluding any rules governing choice of laws.

You irrevocably agree that the exclusive venue for any action or proceeding arising out of or relating to this Agreement or our relationship with you, regardless of theory, shall be the courts located in Toronto, Ontario, Canada. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.

We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.

If you register for an account on this Platform we will record your acceptance of these terms of use at the time of creating your account. From time to time when amendments are made to these terms of use we may reset your account to reaccept the new terms the next time you log into your account.

We and you are independent contractors of each other.

Neither party shall be deemed in default for failure to comply with any provision hereof, if such failure results from acts or events beyond its reasonable control, other than payment of money.

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns. We may freely transfer or assign this Agreement or any of its obligations hereunder; subject to the foregoing these Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party, and the exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

All provisions of these Terms of Use, except provisions that grant you access to or use of the Platform, shall survive the termination of the agreement between us and you. To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.