Terms of Use

These Terms of Use (“Terms”) constitute a binding legal agreement between you (“you” or “User”) and Multihexa (“Multihexa”, “we”, “us”, or “our”), an educational services provider operating campuses in the Province of Québec, Canada and in the Province of British Columbia, Canada.

These Terms govern your access to and use of the website located at https://multihexa.ca and its subdomains (collectively, the “Website”), together with all content, features, programs, application services, learning management functionality, and online payment functionality offered through the Website (collectively, the “Services”).

BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES.

1. DEFINITIONS

In these Terms, capitalized terms have the meanings set out below:

“Applicant” means a person who submits an Application through the Website.
“Application” means an application for admission, enrolment, or registration to a Program submitted through the Website.
“BC Programs” means Programs offered at Multihexa’s Vancouver campus, regulated by PTIRU under the Private Training Act (British Columbia).
“Content” means all text, graphics, images, audio, video, software, code, course materials, and other materials made available on or through the Website.
“Enrolment Contract” means a written student enrolment contract entered into between Multihexa and a student in respect of a Program, in the form prescribed by the applicable provincial regulator.
“Fees” means tuition, application fees, and other charges payable in respect of a Program, as set out on the Website or in the applicable Enrolment Contract.
“Program” means any program, course, AEC, diploma, micro-credential, or other educational offering provided by Multihexa, including the QC Programs and BC Programs.
“QC Programs” means Programs offered at Multihexa’s Québec campus, including (without limitation) LEA.1A (Web and Mobile Application Programmer), LEA.1B (Network Manager), LEA.E6 (Software Cybersecurity), LEA.E5 (Network Cybersecurity), and LEA.E7 (Applied Artificial Intelligence).
“User Account” means an account created by a User to access certain Services, including online application, payment, and learning management functionality.

2. ELIGIBILITY AND USER ACCOUNTS

2.1 Eligibility

You must be at least the age of majority in your jurisdiction of residence (which is 18 years of age in Québec and 19 years of age in British Columbia) to submit an Application or enter into an Enrolment Contract. Users under the age of majority may use the Website only with the involvement and consent of a parent or legal guardian, who shall be jointly responsible for compliance with these Terms. Programs may also have program-specific admissions requirements set out in our admissions policies.

2.2 Account Registration

Certain Services, including online application submission, payment processing, and access to learning management functionality, require registration of a User Account. You agree to provide accurate, current, and complete information at the time of registration and to update such information to keep it accurate, current, and complete.

2.3 Account Security

You are solely responsible for safeguarding your User Account credentials and for all activities that occur under your User Account, whether or not authorized. You agree to notify Multihexa promptly of any unauthorized access or use. Multihexa is not liable for any loss or damage arising from your failure to comply with this Section.

2.4 One Account Per User

You may not maintain more than one User Account, share your User Account with any other person, or permit any other person to use your User Account without our prior written consent.

3. APPLICATIONS AND ADMISSIONS

3.1 Application Submission

Applications submitted through the Website constitute an offer by the Applicant to enrol in a Program, subject to acceptance by Multihexa in its sole discretion and to satisfaction of the admissions requirements applicable to the relevant Program. Submission of an Application does not guarantee admission. Multihexa reserves the right to accept, reject, or defer any Application without assigning reasons, subject to applicable law.

3.2 Accuracy of Information

The Applicant warrants that all information, documents, and credentials submitted in connection with an Application are true, accurate, complete, and not misleading. Multihexa reserves the right to verify any information submitted, request additional documentation, and rescind any offer of admission or enrolment in the event of any misrepresentation, omission, or fraud.

3.3 Enrolment Contract Governs

Admission to a Program is conditional upon execution of a written Enrolment Contract between the Applicant and Multihexa. In the event of any conflict or inconsistency between these Terms and an executed Enrolment Contract in respect of a Program, the Enrolment Contract shall prevail to the extent of the conflict.

3.4 Application Fees

Application fees, if any, are non-refundable except as expressly required by applicable law or as otherwise stated in writing by Multihexa. Application fees do not constitute partial payment of tuition or any other Fees.

4. ONLINE PAYMENTS, FEES, AND REFUNDS

4.1 Payment of Fees

Fees may be paid through the online payment functionality made available on the Website. By initiating a payment, you authorize Multihexa and its third-party payment processors to charge the payment instrument designated by you for the amount specified at the time of the transaction.

4.2 Third-Party Payment Processors

Online payments are processed by one or more third-party payment processors. Your use of such payment services is subject to the terms and privacy policies of those processors. Multihexa does not store full payment card data on its own systems. You acknowledge that Multihexa is not responsible for the acts, omissions, or security practices of third-party payment processors, save and except to the extent imposed by applicable law.

4.3 Currency and Taxes

Unless otherwise specified, Fees are stated and payable in Canadian Dollars (CAD). You are responsible for any applicable taxes, currency conversion fees, foreign transaction fees, or bank charges associated with your payment.

4.4 Refunds — QC Programs

Refunds of tuition and related Fees in respect of QC Programs are governed by (i) the Consumer Protection Act (Québec) and the Regulation respecting the educational services provided by an educational institution at the college level, as applicable; (ii) Multihexa’s published refund policy applicable to QC Programs; and (iii) the executed Enrolment Contract.

4.5 Refunds — BC Programs

Refunds of tuition and related Fees in respect of BC Programs are governed by (i) the refund policy prescribed under the Private Training Regulation (British Columbia) and any directives issued by PTIRU; (ii) Multihexa’s published refund policy applicable to BC Programs; and (iii) the executed Enrolment Contract.

4.6 Failed or Reversed Payments

In the event of a chargeback, payment reversal, or failure of any payment instrument, you remain liable for the full amount of unpaid Fees, together with any reasonable administrative charges, bank charges, and recovery costs incurred by Multihexa.

4.7 No Investment or Securities

Payment of Fees does not entitle you to any equity, securities, profit-sharing, or proprietary interest in Multihexa or any of its affiliates. Fees are consideration for educational services only.

5. INTELLECTUAL PROPERTY

5.1 Ownership

All Content on the Website, including the selection, arrangement, and compilation thereof, together with all trademarks, service marks, trade names, logos, and other proprietary marks displayed on the Website (collectively, the “Multihexa Marks”), are owned by or licensed to Multihexa and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

5.2 Limited Licence

Subject to your compliance with these Terms, Multihexa grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website and Content solely for your personal, non-commercial, informational and educational purposes. No other right or licence is granted, expressly or by implication.

5.3 Restrictions

You shall not, and shall not permit any third party to:

Reproduce, distribute, publicly display, publicly perform, modify, adapt, translate, create derivative works of, or otherwise exploit any Content, except as expressly permitted by these Terms;
Use any Content for any commercial purpose, including the operation of any competing or commercial educational service;
Remove, obscure, or alter any copyright, trademark, or other proprietary notices on the Content;
Use any data mining, robots, scraping tools, or similar data-gathering and extraction methods on the Website;
Use the Multihexa Marks in any manner that is likely to cause confusion, dilute the marks, or imply endorsement, sponsorship, or affiliation without our prior written consent; or
train, fine-tune, or otherwise input the Content into any machine learning or generative artificial intelligence system without our prior written consent.

5.4 User-Generated Content

To the extent you submit, post, or transmit any text, images, files, code, feedback, or other materials to the Website (“User Content”), you grant Multihexa a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for the purpose of operating, providing, and improving the Services. You represent and warrant that you have all rights necessary to grant such licence and that the User Content does not infringe any third-party rights or violate any law.

6. ACCEPTABLE USE

You agree not to use the Website or Services in any manner that:

Violates any applicable law, regulation, or third-party right, including any privacy, intellectual property, or anti-spam law;
Is fraudulent, deceptive, defamatory, harassing, threatening, obscene, hateful, or otherwise objectionable;
Impersonates any person or entity or misrepresents your affiliation with any person or entity;
Introduces any virus, worm, trojan horse, malware, or other malicious code, or attempts to circumvent, disable, or interfere with security or access controls;
Imposes an unreasonable load on, or otherwise interferes with the proper working of, the Website or any associated networks or infrastructure;
Attempts to gain unauthorized access to any portion of the Website, related systems, or other Users’ accounts; or
In respect of cybersecurity-related Programs, applies any technique, tool, or knowledge gained from the Programs in a manner inconsistent with applicable law, including any unauthorized access to or interference with computer systems contrary to the Criminal Code (Canada).

7. SEXUAL VIOLENCE POLICY

Multihexa maintains a Sexual Violence Policy published on the Website at https://multihexa.ca/policy.html, which forms an integral part of the contractual and institutional relationship between Multihexa and its students. By using the Website and the Services, you acknowledge the existence of this policy and agree to comply with it. The Sexual Violence Policy applies in addition to, and not in derogation of, any obligations imposed by applicable provincial law, including (in respect of QC Programs) the Act to prevent and fight sexual violence in higher education institutions.

8. THIRD-PARTY LINKS AND SERVICES

The Website may contain links to, or descriptions of, websites, services, programs, or institutions operated by third parties, including pathway partners, employers, and learning platforms. Such third-party content is provided for convenience and information only. Multihexa does not control, endorse, or assume responsibility for any third-party websites, services, or institutions, including their content, accuracy, privacy practices, or terms of use. Your dealings with any third party are solely between you and that third party.

9. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MULTIHEXA DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Statistics, employment outcomes, certification pass rates, testimonials, and references to placement with employers are illustrative and aspirational. They do not constitute a representation, warranty, or guarantee of any specific employment, career outcome, salary, immigration outcome, certification result, or program outcome.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MULTIHEXA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INSTRUCTORS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, WHETHER IN CONTRACT, EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND WHETHER OR NOT MULTIHEXA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MULTIHEXA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, SHALL NOT EXCEED THE GREATER OF (A) THE AGGREGATE AMOUNTS ACTUALLY PAID BY YOU TO MULTIHEXA THROUGH THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, intentional fault or gross fault, or any rights of consumers under (i) the Consumer Protection Act (Québec), (ii) the Business Practices and Consumer Protection Act (British Columbia), or (iii) any other applicable consumer protection legislation, that cannot be waived by contract.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Multihexa, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, fines, penalties, and expenses (including reasonable legal fees on a solicitor-and-own-client / extrajudicial basis) arising out of or relating to (a) your access to or use of the Website or Services; (b) your User Content; (c) your breach of these Terms; or (d) your violation of any applicable law or third-party right. Multihexa reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence.

12. SUSPENSION AND TERMINATION

Multihexa may, at its sole discretion and without prior notice or liability, suspend or terminate your access to all or any part of the Website or Services, including any User Account, at any time and for any reason, including any actual or suspected breach of these Terms, any conduct that may expose Multihexa to liability, or any failure to pay Fees when due. Termination of access to the Website does not, of itself, constitute dismissal from a Program. Upon termination, all rights granted to you under these Terms shall immediately cease, and Sections 1, 4 (in respect of accrued obligations), 5, 9, 10, 11, this Section 12, 13, 14, and 15 shall survive.

13. CHANGES TO THE WEBSITE AND TERMS

Multihexa reserves the right, at any time and without prior notice, to modify, suspend, or discontinue the Website, any Content, or any part of the Services. Multihexa may also revise these Terms from time to time. Material changes will be notified by posting the revised Terms on the Website with an updated “Last Updated” date. Your continued use of the Website after such posting constitutes your acceptance of the revised Terms. If you do not agree to any revised Terms, you must discontinue use of the Website.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with these Terms, the Website, or the Services (including extra-contractual disputes or claims) shall be governed by and construed in accordance with: (a) in respect of QC Programs and Users resident in Québec, the laws of the Province of Québec and the federal laws of Canada applicable therein; and (b) in respect of BC Programs and Users resident in British Columbia or elsewhere, the laws of the Province of British Columbia and the federal laws of Canada applicable therein, in each case without regard to conflict-of-laws principles.

14.2 Jurisdiction

Subject to Section 14.3 and to the imperative consumer protection provisions of applicable law, the parties irrevocably submit to the jurisdiction of the courts of the Province whose laws govern the dispute pursuant to Section 14.1, sitting (a) in the judicial district of Québec or Montréal in respect of disputes governed by the laws of Québec, or (b) in the City of Vancouver in respect of disputes governed by the laws of British Columbia. Nothing in this Section limits any right that a consumer may have under applicable law to bring proceedings in the consumer’s place of residence.

14.3 Optional Arbitration

At Multihexa’s sole election in respect of any commercial dispute (excluding any dispute relating to fees governed by the Private Training Act (British Columbia) or the applicable Québec educational regulations, and excluding any consumer dispute that, by law, must be heard by a court or tribunal), the parties agree to submit any such dispute to final and binding arbitration, administered (i) under the Rules of the Canadian Commercial Arbitration Centre (CCAC) where the seat is in Québec, or (ii) under the Rules of the Vancouver International Arbitration Centre (VanIAC) where the seat is in British Columbia, before a sole arbitrator, and conducted in the English language unless the parties agree otherwise.

14.4 Class Action Waiver

To the maximum extent permitted by applicable law, you and Multihexa each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. This Section does not apply to the extent that a class action waiver is unenforceable under applicable law, including under article 11.1 of the Code of Civil Procedure (Québec) or under article 1437 of the Civil Code of Québec (abusive clauses in consumer or adhesion contracts).

15. GENERAL

15.1 Entire Agreement

These Terms, together with the Privacy Policy, the Sexual Violence Policy, and any applicable Enrolment Contract, constitute the entire agreement between you and Multihexa in respect of the Website and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if not possible, severed, and the remaining provisions shall continue in full force and effect.

15.3 No Waiver

No waiver by Multihexa of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Failure to assert any right or provision shall not constitute a waiver thereof.

15.4 Assignment

You may not assign, sublicense, or transfer these Terms or any rights hereunder without our prior written consent. Multihexa may assign these Terms in whole or in part without restriction, including in connection with any merger, acquisition, or sale of assets.

15.5 Force Majeure / Superior Force

Multihexa shall not be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, government action, labour disputes, telecommunications or internet failures, or cyber-attacks. In Québec, this Section is to be construed consistently with article 1470 of the Civil Code of Québec (superior force).

15.6 Notices

Notices to Multihexa shall be sent in writing to the addresses set out below, with a copy by email. Notices to you may be given by email to the address associated with your User Account, by posting on the Website, or by any other reasonable means.

15.7 Survival

Provisions of these Terms which by their nature should survive termination, including Sections 5, 9, 10, 11, 14, and 15, shall so survive.

16. CONTACT INFORMATION

Questions, complaints, or notices in respect of these Terms or the Website may be directed to:

Multihexa
Attention: Office of the Registrar / Privacy Officer
Québec Campus: [email protected]
Vancouver Campus: [email protected]
Website: https://multihexa.ca

Regulatory Authorities: The Vancouver campus operates as a registered private training institution regulated by the Private Training Institutions Regulatory Unit (PTIRU), Ministry of Post-Secondary Education and Future Skills, Province of British Columbia, available at https://www.privatetraininginstitutions.gov.bc.ca/. The Québec campus offers programs subject to the regulatory oversight of the Ministère de l’Enseignement supérieur du Québec.