Terms and conditions of use for Miiro Projects Inc. broadcasting platforms.

These terms and conditions ("Terms") were last updated on February 06, 2024.

Miiro Projects (Miiro) distribution platforms consist of a website and a distribution platform with e-commerce or simply a distribution platform with e-commerce. These entities are collectively referred to as "distribution platforms" throughout this document.

Please read these Terms carefully, as they constitute a binding contract between you and us and contain important information about your legal rights, remedies and obligations. Your use of Miiro's broadcast platforms constitutes your acceptance of the Terms of Use.

Do not use the Miiro Broadcast Platforms if you do not agree to these Terms and Conditions or any other document governing your use of the Miiro Broadcast Platforms.

Miiro aims to improve the professional and technical skills of its customers.

These terms and conditions apply to all your activities on any of Miiro's broadcasting platforms, including but not limited to: eCapsules.ca (Website) and ecapsules.miiro.ca (Broadcasting and e-commerce Platform), maitredeclasse.ca (Web site) and mdc.miiro.ca (Broadcast and e-commerce platform), ciq-mediatheque.miiro.ca (Broadcast and e-commerce platform) and all its affiliated stores (Broadcast and e-commerce platform) with the nomenclature xxxx.miiro.ca.

If you have any questions about our platforms or the terms and conditions of use, please contact our support team at support-miiro@miiro.ca.

Conditions

1. Accounts

You need an account to access content on our distribution platforms. Keep your password in a safe place, as you are responsible for any activity associated with your account.

If you believe that someone else is using your account without your permission, please let us know by contacting our support team. To use Miiro's broadcast platforms, you must be of the minimum age required in your country to register for online services.

When you set up your account, you must provide accurate and complete information, including a valid e-mail address, and you must then regularly update your account so that this information remains accurate and complete. You are fully responsible for your account and everything that happens in it, including any harm or damage caused (to Miiro or anyone else) by any third party using your account without your authorization. This means that you must be very careful with your password. You may not transfer your account to anyone else or use anyone else's account. If you contact us to obtain access to an account, we will only respond favorably to your request once you have provided us with the following information. required information proving that you are the owner of this account. You are not authorized to share your account login information with anyone. You are responsible for what happens on your account and Miiro will not intervene in disputes between users of our platforms. You can close your account at any time by contacting our support department.

2. Content registration and unlimited access

When you register for an online training course, you obtain an individual license to access it via a Miiro broadcasting platform for this purpose only. You cannot share the viewing of a training with one or more other people.

Do not attempt to transfer or resell content in any way. We grant you a time-limited access license (duration varies from platform to platform). In other words, Miiro grants you as a user a limited, non-transferable license to access and view the content for which you have paid all required fees, solely for personal, non-commercial and educational purposes, in accordance with these terms. Any other use is strictly prohibited. You may not reproduce, redistribute, transmit, assign, sell, distribute, rent, lease, share, loan, modify, adapt, edit, or otherwise transfer or use any Content or create derivative works or sublicense any Content. We reserve the right at any time to revoke any license to access and use content, in the event that we decide or are required to disable access to such content for reasons of conflict with the law or our terms and policies of use.

3. Payments, credits and refunds

If you are not satisfied with your purchase, you may request a post-purchase refund if the product has not been fully consumed and you can justify the request on grounds of product quality or suitability. You have a maximum of 10 days to request a refund.

After analysis of your request, we reserve the right to refuse your request with justification, to offer you a refund in the form of a credit or via your original method of payment. No refund will be granted if the request is made after the expiry of 10 days. To request a refund, please contact our support department.

4. Miiro rights

All right, title and interest in and to Miiro's broadcast platforms, including our websites, current or future functionality, APIs, databases, and content that our employees or partners submit or provide through our platforms are and will remain the exclusive property of Miiro and its licensors. You may not alter or use any of these without our permission.

Our platforms are protected by copyright, trademark and other laws of Canada. Nothing grants you the right to use the Miiro name or any trademark, logo, domain name or other distinctive feature of the Miiro brand.

Any comments, remarks or suggestions you may make regarding Miiro and its distribution platforms are entirely voluntary and Miiro shall be free to use such comments, remarks or suggestions as we see fit and without any obligation to you.

5. Miscellaneous legal terms

These conditions are similar to any other contract and include boring but important legal terms that protect us from the countless hazards that can arise and clarify the legal relationship between you and us.

5.1 Binding agreement

You agree that by registering and accessing or using our broadcast platforms, you agree to be bound by a legally binding contract with Miiro. If you do not agree to these terms, do not register or use our distribution platforms. Any version of these terms published in a language other than French is provided for convenience only. You understand and agree that in the event of any conflict, the French language version shall prevail. These Terms (including all conditions, guidelines, and policies referred to in these Terms) constitute the entire agreement between you and us. If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, then such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Even if we delay in exercising our rights or fail to exercise a right in a particular case, this does not mean that we waive our rights under these conditions, and we may decide to assert them in the future. If we decide to waive any of our rights in a particular case, this does not mean that we waive our rights generally.

5.2 Disclaimer

From time to time, one or more of our platforms may be unavailable due to scheduled maintenance or technical problems. We may also encounter security-related problems. These are examples only. You waive your right to take any action against us in the event of any of the above circumstances not working out as planned. In other words, the broadcast platforms and their content are provided "as is" and "as available". We make no representations or warranties as to the suitability, reliability, availability, timeliness, security, freedom from error or accuracy of the broadcast platforms or their content, and expressly disclaim all warranties or conditions (express or implied), including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We make no warranty that you will obtain any specific results from using Miiro's distribution platforms. Your use of the distribution platforms (including any content) is entirely at your own risk. We may decide to discontinue certain features of the broadcast platforms at any time and for any reason. In no event shall Miiro or its affiliates, suppliers, partners or agents be liable for any damages resulting from such interruptions or unavailability of such features. We are not responsible for delays or failures in the performance of any of our platforms due to events beyond our control, such as acts of war, hostilities or sabotage, natural disasters, failures of electrical, Internet or telecommunications networks, or government restrictions.

5.3. Limitation of liability

To the fullest extent permitted by law, we (and our group companies, suppliers, partners and agents) will not be liable for any indirect, incidental, punitive or consequential damages (including loss of data, income, profits or business opportunities, personal injury or death), whether arising in contract, warranty, tort, product liability or otherwise, and even if we have been advised in advance of the possibility of damages.

Our liability (and that of each of our group companies, suppliers, partners and agents) to you or any third party under any circumstances is limited to the greater of $100 Canadian or the amount you paid to us in the 12 months prior to the event giving rise to your claims.

5.4 Compensation

If your conduct causes us legal inconvenience, we may take action against you. You agree to indemnify, defend (if requested by us) and hold harmless Miiro and our affiliates, and their officers, directors, suppliers, partners and agents, from and against any claim, demand, loss, damage or expense (including reasonable attorneys' fees) made by any third party due to or arising out of: (a) your use of the Miiro Broadcast Platforms; (b) your breach of these Terms; or (c) your violation of any rights of a third party. Your indemnification obligation will survive termination of these Terms and your use of Miiro's Distribution Platforms.

5.5 Applicable law and jurisdiction

Wherever the term "Miiro" appears in these Terms, it refers to the entity Miiro Projects Inc. with whom you have contracted.

5.6 Legal actions and notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one year after the cause of action has arisen, unless such limitation is prohibited by law.

Any notice or other communication given will be given in writing, either by registered mail with return receipt requested, or by e-mail (by us at the e-mail address associated with your account or by you at support-miiro@miiro.ca), as provided herein.

5.7 Relationship between you and Miiro

The parties agree that no joint venture, partnership, employment, subcontracting or legal representation relationship exists between them.

5.8 Waiver of assignment

You may not assign or transfer these Terms (or any rights or licenses granted under these Terms). For example, if you create an account as an employee of a company, your account may not be transferred to another employee. Nothing in these Terms gives you any right, benefit or remedy whatsoever in or against any third party person or entity. You agree that your account is non-transferable and that all rights related to your account and other rights under these terms cease upon your death.

5.9 Sanctions and export laws

You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Distribution Platforms) are not located in or a resident of any country that is subject to trade sanctions or embargoes applicable in Canada. You also warrant that you are not a person or entity on any list specially designated by the Government of Canada or on any list of denied parties.

If you become subject to any such restriction during the term of any agreement with Miiro, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, with immediate effect and without any further liability to you (but without prejudice to any of your obligations to Miiro).

6. Dispute resolution

In the event of a dispute, our support team will be happy to help you resolve the problem. Most disputes can be resolved, so before taking formal legal action, please try to contact our support team first.

Miiro is committed to doing its best to resolve disputes with its customers, without the need to formally file a legal complaint. If a problem arises between us, you and Miiro first agree to work diligently and in good faith to reach a resolution that is fair and equitable to both parties, using an informal dispute resolution process.

This Dispute Resolution Agreement governs the manner in which such disputes are to be resolved:

YOU AND MIIRO AGREE THAT ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, PERFORMANCE OR INTERPRETATION THEREOF, THE USE OF THE BROADCAST PLATFORMS OR COMMUNICATIONS WITH MIIRO (COLLECTIVELY, DISPUTES"), WHICH ARE NOT RESOLVED INFORMALLY, SHALL BE HANDLED SOLELY THROUGH INDIVIDUAL BINDING ARBITRATION, AND YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO BRING THE MATTER IN ANY OTHER COURT.

YOU AND MIIRO FURTHER AGREE TO SETTLE ANY CLAIMS BY EITHER PARTY AGAINST THE OTHER, ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY COLLECTIVE OR REPRESENTATIVE PROCEEDING, WHETHER IN COURT OR ARBITRATION.

You and Miiro agree that this Dispute Resolution Agreement applies to both you and us, as well as to all of our respective agents, attorneys, suppliers, subcontractors, service providers, employees, and all other persons acting for, or on behalf of, you and Miiro. This Dispute Resolution Agreement is binding on your and Miiro's respective heirs, successors and assigns.

7. Updates to these conditions

From time to time, we may update these terms to clarify our practices or to incorporate new or different practices (when we add new features, for example). Miiro reserves the right to revise or modify these terms at any time and at its sole discretion. Whenever we materially change these terms, we will provide you with clear notice, including via notifications sent to the email address specified in your account or via a notice published on our distribution platforms. Unless otherwise indicated, any modification will take effect on the day it is published.

Your continued use of our distribution platforms following the effective date of any changes will mean that you accept those changes. The revised version of these Terms will supersede all prior versions of these Terms.

8. How to contact us

The best way to contact us is through our support team.

Privacy policies of Miiro's distribution platforms

These privacy policies ("Policies") were last updated on February 06, 2024.

Miiro Projects (Miiro) distribution platforms consist of a website and an e-commerce distribution platform, or simply an e-commerce distribution platform. These entities are hereinafter referred to as "distribution platforms".

Please read these privacy policies carefully as they constitute a binding agreement between you and us. Your use of Miiro's broadcast platforms signifies your acceptance of the Privacy Policies.

Do not use the Miiro Broadcast Platforms if you do not agree to this Privacy Policy or any other agreement governing your use of the Miiro Broadcast Platforms.

Miiro aims to improve the professional and technical skills of its customers.

These terms and conditions apply to all your activities on any of Miiro's broadcasting platforms, including but not limited to: eCapsules.ca (Website) and ecapsules.miiro.ca (Broadcasting and e-commerce Platform), maitredeclasse.ca (Web site) and mdc.miiro.ca (Broadcast and e-commerce platform), ciq-mediatheque.miiro.ca (Broadcast and e-commerce platform) and all its affiliated stores (Broadcast and e-commerce platform) with the nomenclature xxxx.miiro.ca. Any version of these terms published in a language other than French is provided for convenience only. You understand and agree that in the event of any conflict, the French language version shall prevail. If you have any questions about our platforms or privacy policies, please contact our support team at support-miiro@miiro.ca.

Privacy policy

1. What data is collected

Miiro's broadcasting platforms collect certain data that you provide directly to us, for example among the information you enter yourself to create an account and data relating to your consumption of content. All the data listed in this section is subject to various types of processing: collection, recording, structuring, storage, modification, retrieval, encryption, pseudonymization, deletion, combination, and transfer.

1.1 The data you provide

We may collect different data from or about you depending on how you use the broadcast platforms. Here are a few examples to help you understand what data we collect:

1.2 Data collected by automated means

When you access the distribution platforms (including when you browse our catalog), we collect certain data by automated means, including:

The data listed above is collected through server log files and tracking technologies, as detailed in the section below entitled "Cookies and Data Collection Tools". It is stored with us and associated with your account.

2. How we obtain information about you

We use tools such as cookies, web beacons and similar tracking technologies to collect the data listed above. For some of these tools, you have the option of opting out of data collection.

2.1 Cookies and data collection tools

We use cookies, which are small text files stored by your browser to collect, store and share data about your activities on the various websites you visit, including Miiro's broadcast platforms. They also enable us to remember certain aspects of your sessions on broadcast platforms, such as your choice of language, and to simplify your use of the site.

Miiro and service providers acting on its behalf (such as Paypal and google analytics) use server log files and automated data collection tools such as cookies, web beacons, scripts, personalized links and device or browser fingerprints (collectively the "Data Collection Tools"). These Data Collection Tools automatically identify and collect certain system data and usage data when you use the Distribution Platforms. We may, in some cases, associate data collected using these data collection tools with other data we collect as described in our privacy policies.

2.2 Why we use data collection tools

Miiro uses the following types of data collection tools for the purposes described:

• Strictly necessary: These data collection tools enable you to access the site, provide basic functionality (such as logging in or accessing content), secure the site, protect against fraudulent logins, and detect and prevent abuse or unauthorized use of your account. These tools are necessary for the proper functioning of the distribution platforms.

• Functional: These data collection tools store data about your browser and preferences, provide additional functionality to the site, personalize content to make it more relevant to you, and store settings that affect the appearance and behavior of delivery platforms (such as your preferred language or volume level for video playback).

• Performance: These data collection tools enable us to measure and improve delivery platforms by providing data on usage and performance, number of visits, traffic sources or the location from which an application was downloaded. These tools can help us test different versions of Miiro's broadcast platforms to see which features or content users prefer.

You can configure your web browser to alert you when cookies are being stored on your computer, restrict the types of cookies you can accept, or refuse all cookies. Disabling cookies may alter your experience or make it less functional.

3. How we use your data

We use your data to provide you with the services supported by our broadcast platforms, to communicate with you, to resolve problems, to protect your account from fraud and abuse, to improve and update features, to analyze the use made of the features of our platforms, and for any purpose required by law or necessary for reasons of security and integrity. We retain your data for as long as is necessary to serve the purpose for which it was collected.

4. With whom we share your data

We do not share your data with anyone. We may, however, share your data if absolutely necessary for security or law enforcement purposes.

5. Security

We use appropriate security measures, based on the type and sensitivity of the data stored. As with any system connected to the Internet, there is always a risk of unauthorized access, so it's important that you protect your password and contact us if you notice any suspicious activity on your account.

Miiro applies appropriate security measures to prevent unauthorized third parties from accessing, modifying, disclosing or destroying personal data that we collect and store about you. These measures depend on the type and sensitivity of the data. Unfortunately, no system can be 100% secure and we therefore cannot guarantee that no third party will have unauthorized access to communications between you and Miiro or to any information provided to us in connection with the data we collect through our distribution platforms.

Your password plays a vital role in our security system, and it is your responsibility to protect it. Do not share your password with any third party. If you suspect that your password or account has been compromised, you should change your password immediately and contact our support team with your concerns.

6. Your rights

You have rights regarding the use of your data. In particular, you can deactivate cookies and refuse to allow certain third parties to collect data about you. You can update your account via the distribution platforms, and you can contact our support department to request individual rights relating to your personal data.

7. Updates and contact

In the event of a material change to this policy, we will notify our users by e-mail, product notification or any other mechanism required by law. Changes take effect on the day they are published.

If you have any questions, concerns or disputes regarding our Privacy Policy, please do not hesitate to contact our support team.