Terms and Conditions

Exclusions and Limitations

The information on this web site is provided on an 'as is' basis. To the fullest extent permitted by law, this Company:

• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Cheques (annual or bi-annual), pre-authorized debit, VISA and Master Card are accepted methods of payment. All goods and services remain the property of the Company until paid for in full. If a child is registered for a program and fees are not paid by the required due date, that child will be removed from the class list once the payment is 1 monthy overdue. Monies that remain outstanding once a child has left the program will incur late payment interest at the rate of 2% above the prevailing Bank of Canada’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. If these fees remain unpaid 6 months after the child has left the program, these fees will be sent to a collection agency for collection.

Cancellation and Refunds Policy

We require one-month’s notice period for withdrawal. Please inform us 30 days prior to the first of the month in which you wish to withdrawal and we will remove you from the pre-authorization payment plan for the remaining months of class. You will be required to submit a withdrawal form. If it is less than 30 days before the next tuition payment is due, you will be charged for that payment. The remaining payments will then be cancelled. First month’s tuition for a new school year is refundable only until Jun 30th prior to the September start of the class. Withdrawal forms must be completed and returned to Wind and Tide prior to Jun 30th for a refund.

All registration fees are non-refundable.

The Company has the right to terminate any registration for any reason, including in classes that are currently running. If your registration is cancelled by the Company, you will be issued a full refund for all payments made towards future classes.

Full refunds for CD sales will be issued if the CD is returned in its original packaging, with a copy of the payment receipt, within 60 days of the order placement. If the CD is defective, a full refund will also be issued if the CD is returned, with a copy of the payment receipt, withing 60 days of the order placement.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

General

The laws of British Columbia govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the British Columbia courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

These terms and conditions were last updated on February 11th, 2010.

Communication

If you have any questions or comments about these terms and conditions, please contact us using the information of our Contact Us page.