Terms of Use

These Terms of Use ("Terms") constitute a binding legal agreement between you ("you" or "User") and Eton College Canada Inc. ("Eton College", "we", "us", or "our"), a private training institution incorporated under the laws of British Columbia and registered with the Private Training Institutions Regulatory Unit (PTIRU) of the Ministry of Post-Secondary Education and Future Skills, with its principal place of business at 333 Terminal Avenue, Suite 305, Vancouver, British Columbia, V6A 4C1, Canada.

These Terms govern your access to and use of the website located at https://etoncollege.ca and its subdomains, including the learning management system at https://learn.etoncollege.ca (collectively, the "Website"), together with all content, features, programs, application services, and online payment functionality offered through the Website (collectively, the "Services").

BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES.

1. DEFINITIONS

In these Terms, capitalized terms have the meanings set out below:

“Applicant” means a person who submits an Application through the Website.
“Application” means an application for admission, enrolment, or registration to a Program submitted through the Website.
“Content” means all text, graphics, images, audio, video, software, code, course materials, and other materials made available on or through the Website.
“Enrolment Contract” means a written student enrolment contract entered into between Eton College and a student in respect of a Program, in the form prescribed under the Private Training Act (British Columbia), as amended.
“Fees” means tuition, application fees, and other charges payable in respect of a Program, as set out on the Website or in the applicable Enrolment Contract.
“Program” means any program, course, micro-credential, or other educational offering provided by Eton College.
“User Account” means an account created by a User to access certain Services, including the Eton Online learning management system.

2. ELIGIBILITY AND USER ACCOUNTS

2.1 Eligibility

You must be at least the age of majority in your jurisdiction of residence (which is 19 years of age in British Columbia) to submit an Application or enter into an Enrolment Contract. Users under the age of majority may use the Website only with the involvement and consent of a parent or legal guardian, who shall be jointly responsible for compliance with these Terms.

2.2 Account Registration

Certain Services, including online application submission, payment processing, and access to the Eton Online learning management system, require registration of a User Account. You agree to provide accurate, current, and complete information at the time of registration and to update such information to keep it accurate, current, and complete.

2.3 Account Security

You are solely responsible for safeguarding your User Account credentials and for all activities that occur under your User Account, whether or not authorized. You agree to notify Eton College promptly of any unauthorized access or use. Eton College is not liable for any loss or damage arising from your failure to comply with this Section.

2.4 One Account Per User

You may not maintain more than one User Account, share your User Account with any other person, or permit any other person to use your User Account without our prior written consent.

3. APPLICATIONS AND ADMISSIONS

3.1 Application Submission

Applications submitted through the Website constitute an offer by the Applicant to enrol in a Program, subject to acceptance by Eton College in its sole discretion. Submission of an Application does not guarantee admission. Eton College reserves the right to accept, reject, or defer any Application without assigning reasons, subject to applicable law.

3.2 Accuracy of Information

The Applicant warrants that all information, documents, and credentials submitted in connection with an Application are true, accurate, complete, and not misleading. Eton College reserves the right to verify any information submitted, request additional documentation, and rescind any offer of admission or enrolment in the event of any misrepresentation, omission, or fraud.

3.3 Enrolment Contract Governs

Admission to a Program is conditional upon execution of a written Enrolment Contract between the Applicant and Eton College. In the event of any conflict or inconsistency between these Terms and an executed Enrolment Contract in respect of a Program, the Enrolment Contract shall prevail to the extent of the conflict.

3.4 Application Fees

Application fees, if any, are non-refundable except as expressly required by applicable law or as otherwise stated in writing by Eton College. Application fees do not constitute partial payment of tuition or any other Fees.

4. ONLINE PAYMENTS, FEES, AND REFUNDS

4.1 Payment of Fees

Fees may be paid through the online payment functionality made available on the Website. By initiating a payment, you authorize Eton College and its third-party payment processors to charge the payment instrument designated by you for the amount specified at the time of the transaction.

4.2 Third-Party Payment Processors

Online payments are processed by one or more third-party payment processors. Your use of such payment services is subject to the terms and privacy policies of those processors. Eton College does not store full payment card data on its own systems. You acknowledge that Eton College is not responsible for the acts, omissions, or security practices of third-party payment processors, save and except to the extent imposed by applicable law.

4.3 Currency and Taxes

Unless otherwise specified, Fees are stated and payable in Canadian Dollars (CAD). You are responsible for any applicable taxes, currency conversion fees, foreign transaction fees, or bank charges associated with your payment.

4.4 Refund Policy

Refunds of tuition and related Fees are governed by (i) the refund policy prescribed under the Private Training Regulation (British Columbia) and any directives issued by the Private Training Institutions Regulatory Unit (PTIRU); (ii) Eton College’s published Refund Policy as posted on the Website from time to time; and (iii) the executed Enrolment Contract. Application fees, registration fees, and other charges identified as non-refundable are non-refundable to the maximum extent permitted by law.

4.5 Failed or Reversed Payments

In the event of a chargeback, payment reversal, or failure of any payment instrument, you remain liable for the full amount of unpaid Fees, together with any reasonable administrative charges, bank charges, and recovery costs incurred by Eton College.

4.6 No Investment or Securities

Payment of Fees does not entitle you to any equity, securities, profit-sharing, or proprietary interest in Eton College or any of its affiliates. Fees are consideration for educational services only.

5. INTELLECTUAL PROPERTY

5.1 Ownership

All Content on the Website, including the selection, arrangement, and compilation thereof, together with all trademarks, service marks, trade names, logos, and other proprietary marks displayed on the Website (collectively, the "Eton Marks"), are owned by or licensed to Eton College and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

5.2 Limited Licence

Subject to your compliance with these Terms, Eton College grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website and Content solely for your personal, non-commercial, informational and educational purposes. No other right or licence is granted, expressly or by implication.

5.3 Restrictions

You shall not, and shall not permit any third party to:

Reproduce, distribute, publicly display, publicly perform, modify, adapt, translate, create derivative works of, or otherwise exploit any Content, except as expressly permitted by these Terms;
Use any Content for any commercial purpose, including the operation of any competing or commercial educational service;
Remove, obscure, or alter any copyright, trademark, or other proprietary notices on the Content;
Use any data mining, robots, scraping tools, or similar data-gathering and extraction methods on the Website;
Use the Eton Marks in any manner that is likely to cause confusion, dilute the marks, or imply endorsement, sponsorship, or affiliation without our prior written consent; or
Train, fine-tune, or otherwise input the Content into any machine learning or generative artificial intelligence system without our prior written consent.

5.4 User-Generated Content

To the extent you submit, post, or transmit any text, images, files, feedback, or other materials to the Website ("User Content"), you grant Eton College a non-exclusive, worldwide, royalty-free, fully paid- up, sublicensable, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for the purpose of operating, providing, and improving the Services. You represent and warrant that you have all rights necessary to grant such licence and that the User Content does not infringe any third-party rights or violate any law.

6. ACCEPTABLE USE

You agree not to use the Website or Services in any manner that:

Violates any applicable law, regulation, or third-party right, including any privacy, intellectual property, or anti-spam law;
Is fraudulent, deceptive, defamatory, harassing, threatening, obscene, hateful, or otherwise objectionable;
Impersonates any person or entity or misrepresents your affiliation with any person or entity;
Introduces any virus, worm, trojan horse, malware, or other malicious code, or attempts to circumvent, disable, or interfere with security or access controls;
Imposes an unreasonable load on, or otherwise interferes with the proper working of, the Website or any associated networks or infrastructure; or
Attempts to gain unauthorized access to any portion of the Website, related systems, or other Users’ accounts.

7. THIRD-PARTY LINKS, PATHWAY PARTNERS, AND THIRD-PARTY SERVICES

The Website may contain links to, or descriptions of, websites, services, programs, or institutions operated by third parties, including pathway partners, employers, and learning platforms. Such third-party content is provided for convenience and information only. Eton College does not control, endorse, or assume responsibility for any third-party websites, services, or institutions, including their content, accuracy, privacy practices, or terms of use. Your dealings with any third party are solely between you and that third party.

8. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ETON COLLEGE DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Statistics, employment outcomes, testimonials, alumni success stories, and references to placement with employers (including those listed on the Website) are illustrative and aspirational. They do not constitute a representation, warranty, or guarantee of any specific employment, career outcome, salary, immigration outcome, or program result.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ETON COLLEGE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INSTRUCTORS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND WHETHER OR NOT ETON COLLEGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ETON COLLEGE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, SHALL NOT EXCEED THE GREATER OF (A) THE AGGREGATE AMOUNTS ACTUALLY PAID BY YOU TO ETON COLLEGE THROUGH THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or willful misconduct, or any rights of consumers under the Business Practices and Consumer Protection Act (British Columbia) that cannot be waived by contract.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Eton College, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, fines, penalties, and expenses (including reasonable legal fees on a solicitor-and-own-client basis) arising out of or relating to (a) your access to or use of the Website or Services; (b) your User Content; (c) your breach of these Terms; or (d) your violation of any applicable law or third-party right. Eton College reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence.

11. SUSPENSION AND TERMINATION

Eton College may, at its sole discretion and without prior notice or liability, suspend or terminate your access to all or any part of the Website or Services, including any User Account, at any time and for any reason, including any actual or suspected breach of these Terms, any conduct that may expose Eton College to liability, or any failure to pay Fees when due. Upon termination, all rights granted to you under these Terms shall immediately cease, and Sections 1, 4 (in respect of accrued obligations), 5, 8, 9, 10, this Section 11, 12, 13, and 14 shall survive.

12. CHANGES TO THE WEBSITE AND TERMS

Eton College reserves the right, at any time and without prior notice, to modify, suspend, or discontinue the Website, any Content, or any part of the Services. Eton College may also revise these Terms from time to time. Material changes will be notified by posting the revised Terms on the Website with an updated "Last Updated" date. Your continued use of the Website after such posting constitutes your acceptance of the revised Terms. If you do not agree to any revised Terms, you must discontinue use of the Website.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with these Terms, the Website, or the Services (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict-of-laws principles.

13.2 Jurisdiction

Subject to Section 13.3, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia, sitting in the City of Vancouver, in respect of any dispute, claim, or proceeding arising out of or in connection with these Terms.

13.3 Optional Arbitration

At Eton College’s sole election in respect of any commercial dispute (excluding any dispute relating to fees governed by the Private Training Act (British Columbia), or any consumer dispute that, by law, must be heard by a court or tribunal), the parties agree to submit any such dispute to final and binding arbitration, administered under the Rules of the Vancouver International Arbitration Centre, with the seat of arbitration in Vancouver, British Columbia, before a sole arbitrator, and conducted in the English language.

13.4 Class Action Waiver

To the maximum extent permitted by applicable law, you and Eton College each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. GENERAL

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Enrolment Contract, constitute the entire agreement between you and Eton College in respect of the Website and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if not possible, severed, and the remaining provisions shall continue in full force and effect.

14.3 No Waiver

No waiver by Eton College of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Failure to assert any right or provision shall not constitute a waiver thereof.

14.4 Assignment

You may not assign, sublicense, or transfer these Terms or any rights hereunder without our prior written consent. Eton College may assign these Terms in whole or in part without restriction, including in connection with any merger, acquisition, or sale of assets.

14.5 Force Majeure

Eton College shall not be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, government action, labour disputes, telecommunications or internet failures, or cyber-attacks.

14.6 Notices

Notices to Eton College shall be sent in writing to the address set out below, with a copy by email. Notices to you may be given by email to the address associated with your User Account, by posting on the Website, or by any other reasonable means.

14.7 Survival

Provisions of these Terms which by their nature should survive termination, including Sections 5, 8, 9, 10, 13, and 14, shall so survive.

15. CONTACT INFORMATION

Questions, complaints, or notices in respect of these Terms or the Website may be directed to:

Eton College Canada Inc.
Attention: Office of the Registrar / Privacy Officer
333 Terminal Avenue, Suite 305
Vancouver, British Columbia, V6A 4C1, Canada
Telephone: +1 (604) 677-3866
Email: inquiry@etoncollege.ca