Terms & Conditions

By using CleverOrcaVT, you are agreeing to comply with and be bound by the following Terms & Conditions.

Every CleverOrcaVT user must accept these Terms & Conditions before getting access to the content. CleverOrcaVT has also made this text publicly available on the CleverOrcaVT website in the interests of transparency, as recommended in the Data Protection Act (1998).

CleverOrcaVT provides educational content in the field of Veterinary Technician, for the purpose of preparing students for their examinations.

Use of this resource is dependent on acceptance of these Terms & Conditions. You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restricts or inhibit the use and enjoyment of this site by any third party.

Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.

This agreement applies as between you, the User of this Website and CleverOrcaVT, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that your order has been accepted.

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Data": means collectively all information that you submit to the Website. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;

"Facilities": means collectively any online facilities, tools, services or information that CleverOrcaVT makes available through the Website either now or in the future;

"Services": means the services available to you through this Website, specifically use of the CleverOrcaVT proprietary e-learning platform;

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises": Means Our place(s) of business located at Unit #309, 9-3151 Lakeshore Rd, Kelowna, BC V1W 3S9;

"System": means any online communications infrastructure that CleverOrcaVT makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users": means any third party that accesses the Website and is not employed by CleverOrcaVT Ltd and acting in the course of their employment;

"Website": means the website that you are currently using (www.CleverOrcaVT.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and

"We/Us/Our": means CleverOrcaVT, a company incorporated in Canada, located at Unit #309, 9-3151 Lakeshore Rd, Kelowna, BC V1W 3S9.

CleverOrcaVT captures certain information on each user as part of the registration process. This data enables the creation of an accurate user profile, which is necessary for reporting purposes and to offer users learning that is relevant to their needs.

The data that is stored is limited to information relating to users’ schools, location, exam dates, or email address. We will never ask for your home address or any other domestic information unless we would like to send you items relevant to the course.

When accessing the CleverOrcaVT Portal, you will be asked to set up some security questions, which may contain personal information. These questions are solely intended to enable users to log in if they forget their password and will never be used for any other purpose. The answers that users submit when setting up these security questions are encrypted in the database so that no-one can view what has been entered, not even CleverOrcaVT administrators.

CleverOrcaVT also stores a record of all learning activity by all users, including progress, scores, comments and all inquiries to the CleverOrcaVT. Data transmission over can never be guaranteed to be perfectly secure.

CleverOrcaVT takes all reasonable measures to protect your personal information, though we cannot guarantee the security of any information that you transmit to CleverOrcaVT and all such transmissions are made at your own risk

We may collect personal information from you so that we can provide you with a positive experience when using our website or content. We may collect:

Your name, email address, graduation date and country so we can deliver our newsletter and send you marketing emails and updates. You would be consenting to this by providing this to us in our opt-in forms.

Your shipping address and phone number so we can ship you the study materials that are included in your package.

Please note that the information that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at Support@CleverOrcaVT.com

If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content.

Information collected by CleverOrcaVT is solely processed to deliver online learning and to store and report on users’ learning activity. It will never be sold for financial gain or shared with other organizations for commercial purposes.

Examples of how CleverOrcaVT might use the data held include, but are not limited to, the following:

For internal review
Customizing the content and/or layout
Notifying users about updates
Contacting users for marketing purposes. We may contact you if we consider you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar. You will always have the option to opt out of any of our emails.
Gathering feedback or input on the service, content or layout
Giving users access their own learning history
Transferring users’ learning activity records to other organizations involved in medical training in the healthcare arena
Making users’ learning activity records visible to specific named individuals, such as tutors, to allow tutors to view their trainees’ activity. A user would have to give their explicit approval to authorize another user to view their records
Providing anonymous summary data to partner organizations, such as professional bodies; or local organizations, such as Strategic Health Authorities or Trusts; and Ranking students’ or institutions’ performances
Changing content about the VTNE®

Who can see users’ data?

CleverOrcaVT administrators and other approved people working within CleverOrcaVT have access to users’ training records and user profiles. This may include our suppliers (e.g., our Learning Management System provider), but such organizations will never be allowed to use the information for commercial purposes.

You have the right to:

Request information about how your Personal Data is being used and request a copy of what Personal Data we use.
Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed.
Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
Withdraw your consent at any time to the processing of your Personal Data.
You may unsubscribe from our e-mails at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at support@CleverOrcaVT.com

All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of CleverOrcaVT, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Canada and International intellectual property and other laws.

You may not reproduce, print, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so. Legal actions will be taken for illegally sharing, copying, and utilizing the content of CleverOrcaVT.

You do not acquire ownership rights to any content, document or other materials viewed through this web site. The posting of information or materials on the site by CleverOrcaVT does not constitute a waiver of any rights in such information and materials.

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier. Legal actions will be taken for illegally sharing, copying, and utilizing the content of CleverOrcaVT.

Links contained on CleverOrcaVT will lead to other web sites which are not under our control. We are not responsible for the content of any linked site. Listing and linking should not be taken as an endorsement of any kind and we accept no liability in respect of the content. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of CleverOrcaVT or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Please let us know if you wish to link directly to pages on CleverOrcaVT by emailing support@CleverOrcaVT.com. We do not object to you linking directly to the information that is hosted on our site. We do not permit our pages to be loaded into frames on your site; CleverOrcaVT pages much load into the user’s entire window.

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.CleverOrcaVT.com without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact Us by email at support@CleverOrcaVT.com

When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

You must not use obscene or vulgar language;
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
You must not submit Content that is intended to promote or incite violence;
It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
You must not impersonate other people, particularly employees and representatives of CleverOrcaVT or Our affiliates; and
You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
You acknowledge that CleverOrcaVT reserves the right to monitor any and all communications made to Us or using Our System.
You acknowledge that CleverOrcaVT may retain copies of any and all communications made to Us or using Our System.
You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

All information you submit is accurate and truthful;
You have permission to submit Payment Information where permission may be required; and
You will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
When choosing your username you are required to adhere to the terms set out above in Clause "Use of Communications Facilities". Any failure to do so could result in the suspension and/or deletion of your Account.
Your enrollment cannot be shared, sold, or transferred to another person. CleverOrcaVT reserves the right to cancel your membership at any time in the event of any unauthorized use of your account, misuse of the test-taking materials or this website, or any other violation of the online agreement.

By submitting the payment and authorization information, you agree to pay the subscription fee. After your payment is processed, you can access the study materials with your login and password. You agree to notify CleverOrcaVT immediately of any unauthorized use of your password.

Please note that our payment processor (Stripe) is located in Canada and occasionally banks will charge their customers a fee for making a payment in a different currency or to a business in another country.

This fee is not something that Stripe applies, and instead it is completely down to the customer’s bank.

Stripe is obliged to let the customer’s bank know where the merchant is located. Due to this, some banks will charge their customer’s a foreign transaction fee.

Please contact your bank if you would like more information about this.

We want you to be completely satisfied with the Products or Services you order from CleverOrcaVT. If you need to speak to us about your Order, then please contact customer support by email at support@CleverOrcaVT.com.

Refunds are not provided for failed exams. If you fail the exam, you can ask for an extension of your materials.

To claim a refund for another reason, please email us at support@CleverOrcaVT.com and let us know your reason. Please note that you must claim a refund within 3 days of the purchase date or you will not get a refund.

In addition, if you have completed more than 25% of the content and/or if you have completed the mock exam, you will not get a refund.

If you qualify for a refund please note that:

• The $30 processing fee will not be refunded.

• If you have received a book, you will need to send it back to us at your own cost. Once the book is received, the refund (minus the processing fees) will proceed.

• A call with the team at CleverOrcaVT might be requested. We want to ensure that we have a way to understand the concerns and a way to solve them

The CleverOrcaVT website and material relating to Government Information, products and services (or to third party information, products, and services), is provided “as is,” without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

No part of this Website is intended to constitute a contractual offer capable of acceptance.

We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of CleverOrcaVT.

Although we may from time to time monitor or review discussions, CleverOrcaVT materials, statistics, announcements and other communications media on CleverOrcaVT we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, omission, infringement, defamation, obscenity or inaccuracy contained in any information within such locations on CleverOrcaVT.

Any dispute arising under these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts.

CleverOrcaVT website is not affiliated with any other organization and is not endorsed by the American Dental Hygiene Association.

The purpose of this policy is to ensure that people who communicate with CleverOrcaVT understand the way in which electronic mail (email) should be used. Its aim is to ensure that email is used effectively for its intended purpose without infringing legal requirements or creating unnecessary business risk.

The statement below applies to all incoming or outgoing email messages to or from CleverOrcaVT: “This email and any files transmitted with it are confidential. If you are not the intended recipient, any reading, printing, storage, disclosure, copying or any other action taken in respect of this email is prohibited and may be unlawful. If you are not the intended recipient, please notify the sender immediately by using the reply function and then permanently delete what you have received."

Internet email is not a secure medium. Emails sent via the Internet could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material to CleverOrcaVT. You have a responsibility to ensure laws are not broken when composing or forwarding emails and their contents.

You may receive emails from our partners, and in enrolling in CleverOrcaVT you agree to this communication.

We reserve the right in our sole discretion to edit, make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the CleverOrcaVT web site at any time without notice.

CleverOrcaVT reserves the right to move or change its website URLs at any time in order to meet changing business needs and to continually improve its online service. External websites link to the CleverOrcaVT web site at their own risk. We do not encourage deep linking but recommend linking to section homepages, which are less likely to move or change.

The Website is provided “as is” and on an “as available” basis. CleverOrcaVT uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
Nothing in these Terms and Conditions excludes or restricts .
Nothing in these Terms and Conditions excludes or restricts CleverOrcaVT's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

We make every effort to check and test material at all stages of production. It is always wise for you to run an anti-virus program on all material downloaded from the Internet.

Attachments to email messages may contain viruses that may damage your system. Whilst CleverOrcaVT has taken every reasonable precaution to minimize this risk, we cannot accept any liability for any damage which you sustain as a result of these factors. You are advised to carry out your own virus checks before opening any attachment.

We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this web site.

You agree to defend, indemnify and hold harmless CleverOrcaVT, its affiliates and their respective directors, officers, employees and agents (collectively, "Affiliated Parties") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees and costs) arising out of or accruing from:

(a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property rights of any person or defames any person or violates their rights of publicity or privacy;

(b) any misrepresentation made by you in connection with your use of the web site; (c) any non-compliance by you with these Terms & Conditions; and

(d) claims regarding any liability, loss, claim and/or expense arising from or related to your access and use of the web site, including information obtained through the web site.

Notwithstanding the foregoing, CleverOrcaVT reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CleverOrcaVT in asserting any available defenses.

We may at any time revise these Terms & Conditions. If this happens, you will be asked to accept the new Terms & Conditions the next time you log in to the CleverOrcaVT Portal. If you do not accept the new Terms & Conditions, you will not be able to continue using CleverOrcaVT.

If you have any queries about any aspect of these Terms & Conditions, please contact:

support@CleverOrcaVT.com

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to support@CleverOrcaVT.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

Terms and Conditions

1. Definitions and Interpretation

2. Age Restrictions

3. Business Customers

4. What Information does CleverOrcaVT hold?

5. How We Use Your Personal Information (Data Protection)

6. How Can You Access, Update or Delete Your Personal Data

7. Use of Cookies

8. Intellectual Property

9. Copyright and Trademark

10. Third Party Intellectual Property

11. Links to Other Websites

12. Links to this Website

13. Use of Communications Facilities

14. Accounts

15. Termination and Cancellation of Accounts

16. Subscription and Membership Fees

17. Extensions

18. Shipment of physical study materials

19. Cancellation and Refunds of Orders

20. Privacy

21. General Disclaimer

22. Medical Disclaimer

23. Email Disclaimer

24. Editing, Deleting and Modification

25. Availability of the Website

26. Limitation of Liability

27. Virus Protection

28. No Waiver

29. Indemnification

30. Previous Terms and Conditions

31. Third Party Rights

32. Communications

33. Law and Jurisdiction

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