General Terms of Service
Mujo Learning Systems Inc. (“Mujo”, “We”, “Our”) has developed and owns all rights to its digital marketing curriculum content, including books, supplemental materials, tests/quizzes, teacher training resource portal content, hosted learning environments and any other derivative works (“Curriculum”). These Terms of Service (“TOS”) set out the framework terms and conditions on which Mujo licenses our Curriculum to your Educational Institution , your subsidiaries, your employees, your subcontractors, or your affiliated entities (collectively “Customers”, “You”, “Your”).
By using our Curriculum, either by receiving books in physical or electronic form, or by accessing supplemental materials on our web site, You agree that you have read and understand the TOS associated with the Curriculum and that You agree to be bound by these terms of service. You also agree that We may, from time to time and at our sole discretion, modify, add or delete portions of these TOS without further notice to You. The latest TOS is posted on our web site and is also available upon request by email to email@example.com. Your continued use of our Curriculum after such changes constitutes Your acceptance of the changed terms of service.
1.1 Use of Our Curriculum
We sell our Curriculum in several ways, including directly licensing curriculum to our customers, or indirectly licensing our Curriculum through the sale of our Teacher and Student books in either electronic or printed soft cover textbooks. When you receive, purchase or otherwise receive Curriculum from Us or a third party, we grant you a non-exclusive license to use our curriculum, either to evaluate, or as part of an educational offering subject to the conditions below:
We allow the following uses of Our Curriculum for your Educational Institution:
- Evaluation: We may provide You with Curriculum to allow you to evaluate the Curriculum’s fit for your organization’s course offering for a certain time period (the “Evaluation Period”). You acknowledge that you will not use the Curriculum in any form for any course offerings, paid or unpaid. You also confirm that You are bound by the intellectual property protections in this TOS. You understand that the Evaluation Period is 30-90 days from receipt of the Curriculum, unless We have otherwise agreed too in writing.
- Purchase for the purposes of offering it as part of a course or program:
- If you are or work for an educational institution and/or intend to use our Curriculum to deliver a course in any manner and you receive or purchase our Curriculum, You understand that EACH student that is involved in a course or program you offer, or teach, using our Curriculum, whether in whole or in part, via in class, on campus, otherwise, distance or online delivery, that students must also be provided with a purchased student book or e-book which we have sold to You or Your bookstore provider, OR through your LMS (Learning Management System) OR that students must purchase their own student book or e-book from Us. ONLY IF the afore mentioned conditions are met do we grant You a non-exclusive license to use our Curriculum in Your course.
You understand that using any of our Curriculum in any way where some or all students have NOT purchased a student book or otherwise obtained a license from Us is a breach of the terms of this contract subject to damages at Our sole discretion.
We may ask You for evidence of student enrollment in order to verify compliance with Our licensing terms and You agree to provide that information in, if necessary by law, an electronic format that is anonymized but where the students are uniquely identifiable. Should the actual student enrollment exceed the number of students licensed, we reserve the right to issue a true-up invoice for the amount in excess and You agree to pay any excess amounts invoiced.
For clarity, reuse of the Curriculum by more than one student, or use of the Curriculum as a class copy, or any other mechanism of allowing more than one student or class of students to use the same material from our Curriculum is strictly prohibited.
1.2 Ordering Process
You may purchase our Curriculum online on our website, by emailing a purchase order or, if Your organization does not use purchase orders, we will accept email instructions from You sent to firstname.lastname@example.org. We have other electronic ordering methods which can be coordinated directly with your purchasing department Through your LMS and our Vital Source account.
1.3 Payment terms
Unless otherwise agreed to in writing, our invoices are due on receipt for online orders and net 30 days from your order date if you have a billing account with us. Any overdue amounts will be charged 1.5% per month calculated from the invoice due date until payment is received by Mujo. All amounts are in US Dollars.
Mujo constantly updates our Curriculum and books produced are printed on demand with the latest version of our content. As such, We have a limited window in which we are able to accept returns:
Printed books – Physical printed books must be returned within 15 days.
Electronic book codes – Unused electronic book codes must be returned within 7 days. Used electronic book codes are not returnable.
Notwithstanding the above criteria, any returned items must be returned in “like-new” resalable condition. Any items not returned in a resalable condition may be subject to a restocking fee or may be refused for return, at Our discretion. You are responsible for return shipping costs as well as any damage that occurs during shipping.
Any request by You to return product should be directed to email@example.com. Please note that we are unable to refund shipping charges and we are unable to accept returns of gift cards.
You are responsible for paying all taxes including but not limited to any local, provincial, state, federal, or foreign taxes, levies or duties of any nature, including value-added, sales, excise, use or withholding taxes assessable by any jurisdiction (“Taxes”). If Mujo has a legal obligation to pay or collect Taxes for which You are responsible, the appropriate amount will be invoiced to and paid for by You.
1.6 Content and Price Changes
- Mujo will, from time to time, make changes to our Curriculum including supplemental and electronic book material without notice to You. We strive to maintain our content consistency standard, however, from time to time, this may result in discrepancy between supplemental materials and previously printed materials and/or may result in an update to electronic books with changed content. Mujo will advise you its customers of any significant updates.
b.Mujo also reserves the right to adjust the pricing for our content annually, or, from time to time, in accordance with our cost recovery, Volume Rebate commitments, and Wholesale management policy. Please see your MUJO VIR License Agreement, or if applicable, your Vital Source Wholesale program agreement for complete details. Mujo will advise you of changes to pricing.
1.7 Intellectual Property ownership
You acknowledge that Mujo owns the Mujo Curriculum and Content online and offline, which includes several copyright and trademark protections. You agree on behalf of your institution as well as your faculty and staff, not to copy, reproduce, distribute in any way, or reverse engineer or disassemble our content.
1.8 Confidentiality / Non-disclosure
Acknowledging that Mujo may disclose to You information about Our curriculum, business, or activities which we consider confidential and proprietary information (“Proprietary Information”), You hereby agree: (i) to hold the Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions You employ with respect to Your own confidential materials), (ii) not to disclose any such Proprietary Information or any information derived therefrom to any third person, (iii) not to make any use whatsoever at any time of such Proprietary Information except to evaluate internally its relationship with Mujo, and (iv) not to copy, reverse engineer, or produce any derivative work with any such Proprietary Information. You shall procure that its employees, agents and sub-contractors to whom Proprietary Information is disclosed or who have access to Proprietary Information sign a nondisclosure or similar agreement in content substantially similar to this TOS.
1.9 Warranties and Disclaimers
THE CURRICULUM IS PROVIDED ON AN “AS IS, WHERE IS” BASIS. MUJO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE CURRICULUM. MUJO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE CURRICULUM, YOU EXPRESSLY ACKNOWLEDGE THAT MUJO MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE CURRICULUM INCLUDING BUT NOT LIMITED TO ACCURACY OR COMPLETENESS
NO ADVICE, INFORMATION, OR INSTRUCTIONS, WHETHER ORAL OR WRITTEN, FROM MUJO OR ITS EMPLOYEES, REPRESENTATIVES, OR AGENTS, OR THROUGH OR FROM USE OF THE CURRICULUM SHALL CREATE ANY PROMISE, WARRANTY, OR OBLIGATION NOT EXPRESSLY STATED IN THE AGREEMENT.
WHILE WE TAKE GREAT CARE TO ENSURE OUR SALES PRESENTATIONS AND WEBSITE AND SOCIAL MEDIA POSTS ARE ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING.
Customer releases Mujo from and agrees to defend, indemnify, and hold harmless Mujo, its Affiliates, directors, officers, employees, agents, and Partners from and against any claims, actions, suits, demands, proceedings brought by third parties (collectively “Claims”) and any related damages, losses, liabilities, obligations, judgments, awards, costs or expenses, (collectively “Damages”), to the extent connected with, arising out of, or related to Your: (a) negligence or misuse of Our Curriculum; (b) breach of the TOS whether or not due to any act, error, omission, or negligence by Mujo or any of its affiliates, officers, directors, employees, agents or others whom it is in law responsible.
Mujo is a company incorporated in British Columbia, Canada. The TOS shall be governed by and construed in accordance with the laws applicable in the Province of British Columbia and the laws of Canada. Any action or proceeding brought to enforce the terms of the Agreement will be brought in a court of competent authority in the city of Vancouver, British Columbia. You agree to submit to the exclusive jurisdiction of this court.
1.12 Term / Termination
This TOS will commence on Your initial receipt or accessing of Our Curriculum and will continue until either Mujo or You terminate. Terminations require 60 days notice to the other party. On Termination, You agree to stop using our Curriculum in any form for any reason. Sections 1.7, 1.8, 1.9, 1.10. 1.11, 1.13 will survive termination. If any part of this TOS is found to be invalid, the remaining sections will remain in force.
1.13 Dispute Resolution
In the event of any disagreements related to this TOS, You agree to a progressive dispute resolution process prior to proceeding with any legal action. The dispute resolution process would begin with informal discussions between Mujo management and You and, if no solution is found, would progress to a formal dispute resolution process with a 3rd party mutually agreed to by both Mujo and You.
Mujo has the right to refer to Customer, directly and indirectly, in marketing materials, case studies and on Mujo’s website to indicate that Customer uses the Curriculum for general information and business purposes regarding Mujo’s customer base. Mujo shall not issue any press release announcing Your use of the Curriculum without Your express prior written consent. Any press release or case study shall be subject to the review and prior written approval by You and Mujo.
You can contact Us by emailing firstname.lastname@example.org, or in writing to the below address:
Mujo Learning Systems Inc.
804 Pacific Street, Level 3
Vancouver, BC, Canada, V6Z 1C2