TORONTO FRENCH ACADEMY

16706282 CANADA INC.

TERMS AND CONDITIONS OF SERVICE

Effective Date: January 1, 2024

1. Supplier Information

The supplier of Services under this agreement is:

Legal Name: 16706282 Canada Inc.

Operating As: Toronto French Academy (“TFA”)

Address: 499 Main Street, Brampton, ON L6Y 1N7

Phone: +1 (437) 665-3304

Email: info@frenchwithtfa.com

Website: frenchforpr.com

2. Definitions

For the purposes of these Terms:

“Class” means a single live instructional session of approximately 60 minutes delivered via online platform.

“Package” means a one-time purchase of a specified number of Classes as selected by you during enrollment.

“Materials” means all videos, recordings, documents, assessments, slide decks, worksheets, and any other content provided by TFA.

“Platform” means any software, website, or communication tool designated by TFA for scheduling, instruction delivery, or student communication, including but not limited to Google Meet, Google Workspace, and WhatsApp.

“Tutor” means any instructor or educational professional engaged by TFA to deliver the Services.

3. About These Terms

These Terms and Conditions (“Terms”) govern the purchase and use of French-language instruction services (“Services”) provided by Toronto French Academy (“TFA,” “we,” “us,” or “our”). TFA is a corporation incorporated under the laws of Canada.

By clicking “Accept & Continue” you enter into a binding agreement with TFA. This electronic acceptance constitutes a valid agreement under applicable Canadian federal and provincial law.

These Terms are subject to applicable consumer protection legislation in your province or territory of residence. Nothing in these Terms is intended to limit or override any mandatory right you have under such legislation.

4. Description of Services

4.1 What You Are Purchasing

TFA provides live, online French-language instruction delivered via Google Meet. You are purchasing a defined Package of Classes. The specific Package you select—including the number of Classes, price, schedule, and format (group or individual)—is displayed on your enrollment form and confirmed before you proceed to payment.

TFA currently offers the following programs:

Group Classes – group instruction at a scheduled time with other students
Individual 3-Day – one-on-one instruction, three days per week
Individual 5-Day – one-on-one instruction, five days per week

Each Class is approximately one (1) hour in duration.

4.2 How Enrollment Works

You select a program on our website and complete the enrollment form.
You review the Package details including the number of Classes, price, format, and schedule.
You are presented with these Terms and Conditions and must accept them to proceed.
You complete payment through Stripe.
You receive a confirmation email with your enrollment details, which serves as your written copy of this agreement.
Classes are arranged and begin within seven (7) business days of your enrollment.

4.3 No Long-Term Commitment

TFA does not require you to enter into any long-term contract or ongoing commitment. Your purchase constitutes a one-time payment for a defined Package of Classes. Upon completion of all Classes included in your Package, you shall have no further obligation to TFA, and TFA shall have no further obligation to you, unless you elect to purchase an additional Package at your sole discretion.

5. Payment

5.1 Currency and Taxes

All prices are in Canadian dollars (CAD). Applicable sales taxes (HST, GST, or GST/PST as determined by your province or territory of residence) are added at checkout. The total amount including tax is displayed before you complete payment. There are no hidden fees.

5.2 Payment Processing

Payments are processed securely through Stripe. Your payment data may be processed and stored on servers located outside Canada, including in the United States. An electronic receipt is issued for each transaction.

5.3 One-Time Charge

You are charged once at the time of purchase. There are no recurring charges, hidden fees, or additional amounts beyond what is displayed at checkout.

6. Refund and Cancellation Policy

6.1 TFA’s Refund Policy

If you attend your first Class and decide the program is not right for you, you may request a full refund of your Package fee. No reason is required. You may also request a change of Tutor instead.

To request a refund, email info@frenchwithtfa.com with the subject line “Refund Request — [Your Name]” before your second Class begins. TFA will process the refund within fifteen (15) days.

Once your second Class begins, your Package fee is non-refundable.

6.2 Your Statutory Cancellation Rights

Canadian consumer protection laws provide statutory cancellation and refund rights that may apply in addition to Section 6.1. These rights vary by province and territory and cannot be waived. Where your statutory rights provide greater protection than TFA’s refund policy, your statutory rights prevail. Common statutory cancellation rights include:

The right to cancel if TFA does not begin providing Classes within thirty (30) days of the agreed start date;
The right to cancel if you did not receive a written copy of this agreement within fifteen (15) days of your purchase; or
The right to cancel if this agreement does not comply with applicable consumer protection requirements in your province or territory.

To exercise a statutory cancellation right, email info@frenchwithtfa.com.

6.3 TFA-Initiated Cancellation

If TFA is unable to deliver the Classes in your Package due to reasons within our control, or if TFA permanently ceases operations, you will receive a full refund for all undelivered Classes.

7. Class Validity

Classes included in your Package are valid for sixty (60) calendar days from your date of purchase. Classes not scheduled and completed within this period will expire and are not refundable.

If TFA is unable to offer reasonable scheduling availability for at least 75% of your purchased Classes within the 60-day period due to Tutor capacity, the validity period will be extended.

8. Scheduling and Attendance

8.1 Scheduling

Upon enrollment, you will receive scheduling information based on the preferences you selected. All Class times are communicated in Eastern Time (ET). You are responsible for converting to your local time zone.

8.2 Missed Classes

If you miss a Class for any reason on your end, the Class is considered delivered and is not refundable or reschedulable. If you arrive more than fifteen (15) minutes late, the Tutor may end the session and it will count as completed.

8.3 TFA-Initiated Changes

TFA may reschedule a Class due to Tutor illness, emergency, or operational necessity. A replacement Class will be offered. If TFA cancels more than 25% of your scheduled Classes in any given month due to operational issues, your Class validity period will be extended.

9. Tutor Assignment

TFA manages Tutor staffing and assignment. We may substitute Tutors or adjust group compositions to maintain quality.

If you are dissatisfied with your assigned Tutor before your second Class begins, you may request a change by emailing info@frenchwithtfa.com.

10. Intellectual Property

10.1 Ownership

All instructional Materials provided by TFA are the property of TFA and are protected under the Copyright Act (R.S.C., 1985, c. C-42) and other applicable Canadian law.

10.2 Your License

You receive a limited, non-exclusive, non-transferable license to access and use Materials for your personal, non-commercial educational purposes during your enrollment.

10.3 Restrictions

You may not copy, record, distribute, sell, or publicly share any Materials. You may not use Materials for any commercial purpose or to compete with TFA.

10.4 Class Recordings

TFA may record Classes for quality assurance and internal training. By attending, you consent to being recorded. Recordings are TFA’s property.

11. Student Conduct

You agree to treat all Tutors and fellow students with respect. Harassment, threats, discrimination, or disruptive behaviour will not be tolerated.

TFA may terminate your access if your conduct is inappropriate. If terminated for cause, you will receive a refund for undelivered Classes, less amounts owed for Classes already completed.

12. Technology Requirements

Classes are delivered via Google Meet. You are responsible for maintaining a working device with a camera and microphone, a stable internet connection, and access to Google Meet. TFA is not responsible for issues caused by your equipment or connection.

13. Privacy

TFA collects, uses, and stores your personal information in accordance with PIPEDA and applicable Canadian privacy legislation.

For full details, see our Privacy Policy at frenchforpr.com/privacy-policy. The Privacy Policy forms part of these Terms.

14. Disclaimers

14.1 No Guaranteed Outcomes

TFA does not guarantee specific language proficiency results, examination scores (TEF, TCF, or otherwise), or immigration outcomes. Your progress depends on your effort, attendance, study habits, and aptitude.

14.2 Not a Designated Learning Institution

Toronto French Academy is not a Designated Learning Institution (DLI) as defined by IRCC. TFA does not issue academic credentials recognized by IRCC and cannot provide documentation for study permits, post-graduation work permits, or other immigration purposes.

14.3 No Immigration Advice

TFA provides French-language instruction only. TFA does not provide immigration advice, representation, or services of any kind. Under Section 91 of the Immigration and Refugee Protection Act (IRPA), only authorized representatives may provide immigration advice. For personalized immigration guidance, consult a qualified Regulated Canadian Immigration Consultant (RCIC) or licensed immigration lawyer.

14.4 Your Immigration Compliance

You are solely responsible for ensuring compliance with your immigration status in Canada. If you are in Canada on a study permit, work permit, visitor visa, or any other temporary status, you must independently verify that enrolling in private language courses is permitted under your visa conditions. TFA accepts no liability for any immigration consequences arising from your enrollment.

14.5 Adult Learners

TFA’s programs are designed for adult learners aged 18 and over.

15. Limitation of Liability

To the maximum extent permitted by applicable Canadian law, TFA’s total liability for any claim arising from these Terms or the Services is limited to the amount you paid for your current class Package.

TFA is not liable for indirect, incidental, consequential, or punitive damages, including immigration outcomes, failed examinations, lost income, travel costs, visa application fees, or emotional distress.

Nothing in this section limits any liability that cannot be limited under applicable federal or provincial law.

16. Indemnification

You agree to defend, indemnify, and hold harmless TFA, 16706282 Canada Inc., and its officers, directors, employees, contractors, and Tutors from and against any claims, liabilities, damages, losses, costs, and fees (including reasonable legal fees) arising from or related to:

Your breach of any provision of these Terms;
Your violation of any applicable law or regulation;
Your misuse of the Services, Platform, or Materials;
Your conduct during Classes or interactions with Tutors or other students; or
Any content you submit or transmit through the Services.

This indemnification obligation survives termination of these Terms.

17. Force Majeure

TFA is not liable for failure or delay in delivering Classes due to events beyond our reasonable control, including natural disasters, pandemics, government orders, internet outages, platform failures, cyberattacks, war, or terrorism.

During a force majeure event, TFA will provide prompt notice, make reasonable efforts to reschedule, and extend your Class validity period.

If a force majeure event prevents delivery for more than sixty (60) consecutive days, you may cancel and receive a full refund for undelivered Classes.

18. Governing Law and Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Nothing in this clause limits mandatory consumer protection rights under the laws of your province or territory.

If you have a concern, contact us at info@frenchwithtfa.com. We will work to resolve it within ten (10) business days.

Nothing in these Terms requires mandatory arbitration, prevents you from filing a complaint with a consumer protection authority, or waives your right to join a class proceeding.

19. Changes to These Terms

TFA may update these Terms from time to time. Changes apply to new purchases made after the updated Terms are posted. Your purchase is governed by the version in effect at the time you completed checkout.

20. General Provisions

Entire Agreement. These Terms, the Privacy Policy, and your enrollment confirmation constitute the entire agreement.
Severability. If any provision is found invalid, the remaining provisions continue in full force.
Assignment. You may not transfer your enrollment without TFA’s prior written consent. TFA may assign its rights and obligations to any successor entity.
Communication. TFA communicates by email and WhatsApp. Keep your contact information current.
No Waiver. Failure to enforce any provision does not constitute a waiver.
Survival. Sections 5 (Payment), 6 (Refund Policy), 10 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), and 18 (Governing Law) survive termination or expiration of these Terms.
Accessibility. If you require these Terms in an accessible format, contact info@frenchwithtfa.com.

21. Contact Information

Toronto French Academy

16706282 Canada Inc.

499 Main Street, Brampton, ON L6Y 1N7