Terms and Conditions

Last updated: June 1, 2019

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the realpython.com website (the “Service”) operated by DevCademy Media Inc. (the “Company”, “us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

Availability, Errors and Inaccuracies

In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.

We may experience delays in updating information on the Service and in our advertising on other websites.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or DevCademy Media Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting DevCademy Media Inc. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide DevCademy Media Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize DevCademy Media Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, DevCademy Media Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Gifting

You may be able to purchase certain pre-paid Subscriptions for other users or potential users (“Gift Subscriptions”). A user who purchases a Gift Subscription (a “Giftor”) will receive a shareable Gift Card Code. The Gift Card Code can be redeemed as a Gift Subscription by the Recipient for a Subscription to certain Products and Services.

The Initial Term of such Subscription commences on the date that the Gift Subscription is redeemed for a Subscription. All fees and charges related to Gift Subscriptions are incurred and charged as a one-time payment at the time of the Giftor’s Order of such Gift Subscription.

The Giftor will receive an Order confirmation and receipt. The Gift Subscription is valid to be redeemed for a Subscription during the term specified at point of purchase (the “Expiration Period”).

A Gift Subscription can only be redeemed once, is not transferable, and may only be used in the country for which it was purchased. A Gift Subscription cannot be redeemed for cash, resold, or combined with any other offers. Our Payment Processor will charge the Payment Method provided by the Giftor at the time of purchase, and not delivery, for any Gift Subscriptions.

Neither Giftor nor Recipient is eligible for any refund or other credits arising out of or related to a Gift Subscription that is not redeemed in accordance with these Terms. The Company will make commercially reasonable efforts to notify the Recipient prior to the expiration of the Gift Subscription. The Company is not responsible if a Gift Subscription is lost, stolen or used without permission.

Fee Changes

DevCademy Media Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

DevCademy Media Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Referrals

You may be able to use certain features of the Service to refer the Service to a third party (a “Referral” in the “Referral Program”). We reserve the right to amend or terminate the Referral Program at any time, for any reason.

When you make a Referral, you may be prompted to enter the name and contact information, including mobile phone number or email address, of the third party to whom you are making the Referral. You represent that you have the right to provide us with such information, and that you provide the information solely in order to make such Referral and not for any other purpose, including harassment, stalking, or other purpose in violation of any applicable laws, regulations, or these Terms. We will use any information that you provide to us in connection with a Referral in accordance with our Privacy Policy.

Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with the Service or participate in the referral program using multiple or fake email addresses or identities.

For each individual (the “Referree”) who creates a new member account and paid membership subscription in connection within seven (7) days of their receipt of a Referral, Referrer shall receive one reward (each, a “Reward”) in the form and value determined by the Company for each verified Qualified Referral generated by Referrer.

To be eligible for a Reward (a “Qualified Referral”) the Referree had not previously made a subscription purchase with the Company under any email address or alias, and the Referrer must have an active membership subscription in good standing. A maximum of ten (10) Rewards may be earned by Referrer per calendar year for Qualified Referrals.

Rewards are subject to verification. We may delay a Reward for the purposes of investigation. We may also refuse to verify and process any transaction we deem, in our sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on the Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of the Company’s decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of DevCademy Media Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with DevCademy Media Inc.. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of DevCademy Media Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

The Service may contain links to third-party web sites or services that are not owned or controlled by DevCademy Media Inc..

DevCademy Media Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DevCademy Media Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

You agree to indemnify, defend and hold harmless DevCademy Media Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

DevCademy Media Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights

DevCademy Media Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

DevCademy Media Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and DevCademy Media Inc. chooses not to immediately act, or chooses not to act at all, DevCademy Media Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. DevCademy Media Inc. does not waive any of its rights. DevCademy Media Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms, please contact us:

DevCademy Media Inc. DBA Real Python
#720-999 West Broadway
Vancouver BC V5Z 1K5
CANADA

info@realpython.com