Terms of Service

1. Acceptance of These Terms

These Terms form a binding agreement between you and The Fox Academy Inc. governing your access to the website and your participation in any service. The agreement begins when you first use the website or when you confirm a booking, whichever comes first. If you use the site or a service on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms, and the words you and your then refer to both you and that organisation.

We may ask you to confirm your acceptance of these Terms in writing before a service begins. A confirmation sent by email has the same effect as a signed document. Where there is a conflict between these Terms and a separate written agreement that we have signed with your organisation, the separate written agreement prevails for the matters it covers.

2. Definitions

In these Terms, the Company means The Fox Academy Inc. of 1580 Adamson St, MISSISSAUGA - L5C 1B7, Canada (CA). The Website means the pages served at foxacademy.buzz. The Services means the den school activities we describe on the services page, including the den circle desk, tail tracking rounds, snow trail weeks, story fire days, kit mentor sessions and brush watch evenings, together with any related advice or written trail. The Client means a person or organisation that books or receives a Service. The Trail means the written record that our mentors keep of a Service. A Visitor means a person who loads a page of the Website without booking a Service.

3. Eligibility and Account

The Website is offered to professionals and organisations who are at least eighteen years of age or the age of majority in their jurisdiction, whichever is greater. By using the site you confirm that you meet that requirement. We do not currently require a user account to read the site or to send a message, and we do not store a password for you unless a booking tool we use asks for one.

You are responsible for keeping any credentials that a booking tool gives you private and for all activity that occurs under them. If you believe that a credential has been lost or misused, tell us at once at admissions@foxacademy.buzz so that we can suspend access while the matter is checked.

4. The Den Services

We provide instruction, mentoring and professional advice in the field of computer integrated systems design. We describe each Service on the services page, including its length, its group size and its general shape. Descriptions on the Website are intended to be accurate but they are not a guarantee that a particular Service will always be delivered in exactly the form shown, because a Service adapts to the people in the room and to the systems in front of them.

Where a Service is delivered for a Client with a real system to connect, the Client decides the outcome that matters. We give our best professional judgement and we keep a clear Trail, but we do not take over the Client responsibility for the system, for the data inside it or for the people who operate it. A Service is not a warranty that a connected system will be free of faults, and it is not a substitute for the Client own testing, backup or disaster recovery arrangements.

5. Booking and Scheduling

A booking is made when we confirm it in writing after a conversation with you. We ask for a short description of the system you would like to discuss so that we can bring the right mentor and prepare the room. A confirmed booking includes a start time, an end time, a location and, where relevant, the names of the people attending. Most Services take place at the den in Mississauga, though we may agree to deliver a Service at another location when the work calls for it.

If a named attendee cannot come, you may send a substitute provided you tell us before the Service starts and the substitute meets the eligibility requirement in these Terms. We may reschedule a Service for a reason set out in the cancellation section below, or when an event outside our control makes delivery unsafe or impossible.

6. Fees and Payment

The fee for each Service is confirmed in writing before a booking is accepted. Our fees are quoted in Canadian dollars unless we agree otherwise in writing. A deposit may be required to hold a date for a snow trail week, and the balance is due as set out in the confirmation. Where applicable taxes are not included in a quote, we add them in line with the law.

We may change our published fees from time to time, but a change never applies to a booking that is already confirmed. If an invoice is not paid by the due date, we may, after reminding you, suspend a future booking until the account is settled. We do not charge interest on a late payment unless the law allows it and we have told you in advance.

7. Cancellation and Rescheduling

You may cancel a confirmed booking by writing to admissions@foxacademy.buzz. If you cancel more than fourteen days before the start, we refund any deposit in full. If you cancel between fourteen and seven days before the start, we keep half of the deposit to cover preparation already done. If you cancel within seven days of the start, we keep the full deposit and may invoice the remaining work already carried out.

We may cancel or reschedule a Service when a mentor is unwell, when a room is unavailable, or when an event outside our control makes delivery unsafe. In that case we offer a new date, a credit for the fee paid or a full refund, at your choice. We try never to cancel a snow trail week, because a week lost is a week of learning lost, and we will send a different mentor before we move the dates.

8. Acceptable Use

You agree to use the Website and the Services lawfully and with the same courtesy that the den expects in its own rooms. You must not attempt to gain unauthorised access to the Website, to the systems that support it or to any record held by another person. You must not interfere with the normal operation of the Website, for example by flooding it with requests or by probing it for weaknesses outside a test that we have agreed in writing.

You must not use a Service to connect systems in a way that breaks the law, that harms another person, or that places a third party at risk without their knowledge. If a system you bring to the den holds information about other people, you must have the right to work on that information and you must tell us about any sensitivity before the work begins.

9. Client Responsibilities

A Client who brings a system to the den takes responsibility for a set of practical matters. The Client must give us accurate information about the system and the people who operate it, must provide a safe working environment, and must ensure that anyone who attends a Service has the right to be there. The Client must keep its own backups and must not rely on a mentor to hold the only copy of any record.

Where a Service involves access to a live system, the Client decides the level of access and is responsible for any change made through credentials it supplies. We ask that a Client keep a named person available to make decisions during a snow trail week, because a decision that waits a week can undo the value of the week. A Client must tell us at once if it becomes aware of a security issue that could affect the den or the other learners present.

10. Intellectual Property

The Website, its text, its design and the teaching materials that we create for a Service belong to The Fox Academy Inc. or to the developer FoxAcademy who maintains the site on our behalf. You may read the Website and share a link to it, but you may not copy it wholesale, resell it or present it as your own work. The name The Fox Academy Inc., the den mark and the fox den design are our property, and you may not use them without written permission.

When a Client supplies materials or a system of its own, the Client keeps all rights in those materials. Where we create a written Trail for a Client, the Client may use that Trail inside its own organisation without further charge, and we may use a stripped and anonymised version of the lesson for teaching, unless the Client has asked us in writing not to do so.

11. Confidentiality

Each side will keep the other side confidential information private and will use it only for the purpose of the Services. Confidential information includes the details of a system, the content of a Trail, financial terms and anything that a reasonable person would consider private. A party receiving confidential information must protect it with at least the same care it gives its own similar information, and in no case with less than reasonable care.

The duty of confidentiality does not cover information that is already public, that the receiving party already held lawfully, or that a law requires to be disclosed. A party that must disclose under a law will tell the other party where it is allowed to do so, so that the disclosure can be limited to what is truly required.

12. Third Party Systems

Many Services touch a third party tool, such as a cloud service, a point of sale system or a booking platform. We do not control a third party system and we cannot promise that it will behave as its documentation says. Where a third party changes a licence, raises a price or withdraws a feature during a Service, we will tell you at once and we will help you find another route, but we are not responsible for the decision of that third party.

You are responsible for any licence that a third party system requires and for the cost of that licence. We do not resell third party software and we receive no commission for any vendor you choose. Where the Website links to a third party site, the terms and privacy practices of that site apply once you leave our pages.

13. Disclaimer of Warranties

The Website and the Services are provided on an as available basis. To the fullest extent the law allows, we make no warranty that the Website will be free of interruption or of error, or that a Service will produce a particular business result. We do make a professional commitment to deliver each Service with care and skill, and to tell you plainly when a system is outside what we can help with.

Nothing in these Terms removes a warranty or a right that the law of a consumer protection statute gives to you and that cannot be waived by agreement. Where such a right applies, it prevails over any part of this section that would limit it.

14. Limitation of Liability

To the fullest extent the law allows, The Fox Academy Inc. is not liable for indirect, incidental or consequential loss, or for loss of profit, loss of revenue, loss of data or loss of business opportunity, whether the loss is claimed in contract, in tort or on another basis. Where liability cannot be excluded, our total liability for a claim connected with a Service is limited to the fee paid for the Service that gave rise to the claim.

We do not limit our liability for fraud, for wilful misconduct or for any other liability that the law does not allow us to limit. If a Client has a concern about a Service, the Client should raise it with us promptly so that we can investigate while the record is fresh and, where appropriate, make good.

15. Indemnity

You agree to indemnify The Fox Academy Inc. against a claim, a loss or a reasonable legal cost that arises because you broke these Terms, because you misused a Service, or because a system or a piece of information that you supplied infringed the rights of another person. The Company agrees to give you prompt notice of any claim it receives and to work with you in good faith to resolve it.

An indemnity is not a way to avoid responsibility. It exists so that a party that caused a harm carries the cost of that harm, and it does not extend to a loss that was caused by the fault of the other party.

16. Suspension and Termination

We may suspend or end your access to the Website or to a Service if you break these Terms in a serious way, if your conduct puts another person at risk, or if the law requires it. Where the matter is not urgent, we will warn you in writing and give a reasonable chance to put it right before we act.

You may end your use of the Website at any time. Ending a booking is covered by the cancellation section above. When this agreement ends, the sections on intellectual property, confidentiality, limitation of liability, indemnity and governing law continue to have effect, because they need to outlive the rest of the agreement.

17. Force Majeure

Neither side is liable for a delay or a failure to perform that is caused by an event outside its reasonable control, such as a severe storm, a public health emergency, an act of a public authority, a failure of the public internet or a closure of a road that makes the den unreachable. The affected side must tell the other side promptly and must take reasonable steps to reduce the effect.

If such an event continues for more than sixty days, either side may end the affected booking in writing, and we will refund the fee paid for work not yet carried out. We do not treat a force majeure event as a reason to charge a penalty, and we do not ask a Client to pay twice for a Service that could not be delivered.

18. Governing Law and Disputes

These Terms are governed by the law of Ontario and the federal law of Canada that applies in Ontario, without regard to a conflict of laws rule. The courts of Ontario have jurisdiction over a dispute that cannot be resolved by discussion, and the place of the dispute is the region in which the den sits.

Before a formal step is taken, both sides agree to meet in good faith, by telephone or at the den, and to try to settle the matter with the written Trail in front of them. A settlement reached that way is recorded in writing. Nothing in this section prevents a side from seeking urgent relief from a court where a delay would cause harm.

19. Changes to These Terms

We may update these Terms when a Service changes, when the law changes or when the way we run the den changes. When we update the Terms we change the date at the top of this page and, where the change is important, we place a short notice on the homepage. A Client with a current booking will receive a message describing the change.

The Terms that apply to a confirmed booking are the Terms in force when the booking was confirmed, unless you agree in writing to the newer version. A continued use of the Website after an update shows your acceptance of the updated Terms for your browsing and for any future booking.

20. Contact Information

If you have a question about these Terms, a concern about a Service or a notice that these Terms ask you to send, write to The Fox Academy Inc. at admissions@foxacademy.buzz, call +16828954728, or send a letter to 1580 Adamson St, MISSISSAUGA - L5C 1B7, Canada (CA). We answer a written notice within five working days and we record it in the Trail so that it is not lost between mentors.

Please read this page together with our Privacy Policy, which explains how we handle personal information, and with the services page, which describes what each Service contains. If anything here is unclear, ask us before you book, and we will explain it in the same plain English we have used throughout this page.