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Acceptance of Terms

The following terms and conditions, INCLUDING THE BINDING ARBITRATION PROVISION, ACKNOWLEDGEMENT OF RISK, LIMITATION OF LIABILITY, USE OF PHOTO TERMS OF SERVICE AND MEDICAL RELEASE, (the “TERMS OF SERVICE”) govern all use of the KidsPass.ca website and all digital content and services available at or through that website (the “Service”). The Service is owned and operated by Kids Pass Inc. (“we”, “us” or “KidsPass.ca”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, KidsPass.ca’s Privacy Policy) and procedures that may be published from time to time on the Service by KidsPass.ca.

 

Please read this TERMS OF SERVICE carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by this TERMS OF SERVICE. If you do not agree to all the terms and conditions of this TERMS OF SERVICE, then you may not access the Service or use any services. If this TERMS OF SERVICE is considered an offer by KidsPass.ca, acceptance is expressly limited to these terms. While events, camps, classes, sports, and other activities, and related products and services, offered through the Service (“Activities”) may be intended for children, use of the website it’s Service is available only to individuals who are at least eighteen (18) years old.

 

If you are entering into this TERMS OF SERVICE on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TERMS OF SERVICE. In that case, the terms “you” or “your” shall also refer to such entity. If you do not have such authority, or if you do not agree with this TERMS OF SERVICE, you may not use the Service.

 

Your Account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify KidsPass.ca of any unauthorized uses of your account or any other breaches of security. KidsPass.ca will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

 

Making Purchases

Certain Activities are offered for purchase through the Service (each a “Paid Activity”). You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment method) at the price(s) in effect for that Paid Activity when such charges are incurred, and to provide accurate information regarding your credit card or other payment method. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses. You grant KidsPass.ca the right to provide any information you submit to third parties for purposes of facilitating the completion of any transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of a transaction.

You will be responsible for paying any applicable taxes arising from the booking of Paid Activities. You will promptly update your account information with any changes in your payment information. You agree to pay for each Paid Activity in accordance with the terms set forth in the Service policies and this TERMS OF SERVICE, and you authorize billing of your payment instrument in accordance with such terms.

If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Activity booking may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Service.

Activity Providers

Activities are not provided by KidsPass.ca, but by third party corporations, individuals or other public or private legal entities (a “Provider”).

All matters concerning Activities (or any other products or services) desired from a Provider, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and such Provider. KidsPass.ca makes no warranties or representations whatsoever with regard to anything provided by Providers. You will not consider KidsPass.ca, nor will KidsPass.ca be construed as, a party to such transactions, whether or not KidsPass.ca may have received some form of revenue or other remuneration in connection with the transaction.

You agree that KidsPass.ca will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Provider. KidsPass.ca does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

It is the responsibility of the Provider to indicate its refund policy to you and to issue refunds to you via the Service or otherwise. You understand and agree that Providers reserve the right to cancel Activities for various reasons, including, without limitation, in the event of weather events (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, or for any reason that would affect the quality, safety or security of the Activity or its participants. In the event of such cancellation, there will be no refund of your payment unless authorized by the Provider. If you want to request a refund, you must request the refund directly from the Provider. To the extent that an Activity is cancelled or does not meet your expectations for any reason, you must contact the Provider and your sole and exclusive remedy with respect to the Activity is with the Provider and not with KidsPass.ca. All communications or disputes regarding refunds are between the Provider and you. KidsPass.ca will not be responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with an Activity. In addition, KidsPass.ca is not responsible for the truth or accuracy of any listings by Providers or the ability of any Provider to perform, hold an Activity, or complete a transaction. Notwithstanding the foregoing, you may report the misconduct of Providers and/or third parties in connection with the Service to us, and we, in our sole discretion, may investigate the claim and take action.

The following subsections only apply to you if you are a Provider:

As between KidsPass.ca and you (as a Provider), you will be responsible for the payment of any taxes arising from the sale of Booked & Paid Activities.

You will not receive payment for bookings for Paid Activities that are properly cancelled by the customer in accordance with the applicable cancellation policy (if any).

Subject to KidsPass.ca payment processor successfully processing payment and receiving funds from the applicable Paid Activity customer (via credit card, bank account or other payment instrument), you will receive an amount equal to the price of the Paid Activity, less any applicable credits, discounts or other promotions, and less KidsPass.ca’s applicable commission and any payment processing and other per transaction fees (“Transaction Fees”). In certain situations, KidsPass.ca may also charge other fees with respect to the Service, such as setup or implementation fees, monthly or annual fees, or per-user or per-location fees (“Usage-Based Fees”). KidsPass.ca will disclose such applicable Transaction Fees and/or Usage-Based Fees (collectively, “Provider Fees”) to you via the Service or via email, and you agree to pay such fees to KidsPass.ca. KidsPass.ca may change any of your Provider Fees at any time with at least 30 days notice to you (notice provided to you via email or via the Service).

To the extent any Provider Fees are not automatically transferred to KidsPass.ca at the time of transaction, KidsPass.ca will invoice you for such fees and you agree to pay them within seven (7) days from receipt of invoice. If you are paid for any Activity for which you are not entitled to receive payment hereunder, you will refund that amount to KidsPass.ca within seven (7) days of KidsPass.ca’s request.

KidsPass.ca may set off amounts due KidsPass.ca against any payment owed to you. Also, upon request, you will send KidsPass.ca proof of any licenses, permits or other authorizations relating to Activities offered via the Services.

Payments via the Service are facilitated using a third party service provider, Stripe, Inc. You agree to comply with the Stripe Connected Account Agreement, as set forth at https://stripe.com/us/connect-account/legal

Content Posted on Other Services

We have not reviewed, and cannot review, all of the material, including images, text, and other information, made available through the websites and webpages to which the Service links, and that link to the Service. KidsPass.ca does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-KidsPass.ca website or webpage, KidsPass.ca does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. KidsPass.ca disclaims any responsibility for any harm resulting from your use of non-KidsPass.ca websites and webpages.

 

Intellectual Property

This TERMS OF SERVICE does not transfer from KidsPass.ca to you any intellectual property relating to the Service, and all right, title and interest in and to such property will remain (as between the parties) solely with KidsPass.ca. KidsPass.ca, the KidsPass.ca logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of KidsPass.ca, Providers or other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any KidsPass.ca or third-party trademarks.

 

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on the Service, sending you an email, or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new TERMS OF SERVICE will take effect. If you disagree with our changes, then you should stop using the Service within the designated notice period. Your continued use of the Service will be subject to the new TERMS OF SERVICE. However, unless otherwise specified in the new TERMS OF SERVICE, any dispute that arose before the changes shall be governed by the TERMS OF SERVICE (including the binding individual arbitration clause) that was in place when the dispute arose.

 

Responsibility of Contributors

If you post or upload text, images, video, audio or other material to the Service or otherwise make (or allow any third party to make) information available by means of the Service (any such material or information, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content.

 

By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if a third party has rights to intellectual property relating to such Content, you have received the necessary waivers or permission to make available the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content is accurate and truthful, is not misleading, and does not contain or transmit harmful or destructive content;

the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or products, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and

the Content is not pornographic or obscene, does not contain threats or incite violence, does not violate the privacy or publicity rights of any third party, and does not violate any applicable laws.

By submitting Content to KidsPass.ca for inclusion on the Service, you grant KidsPass.ca a worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, display, prepare derivative works of, modify, and otherwise use the Content for the purpose of providing and promoting the Service and your Content. If you delete Content, KidsPass.ca will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. For clarification, if you are a Provider, you agree that Content that is customer information (such as name, email, ZIP, child info, etc.) may be retained and used by KidsPass.ca indefinitely consistent with applicable laws, unless or until the applicable customer unsubscribes from certain communications or requests its deletion.

 

KidsPass.ca has the right (though not the obligation) to, in KidsPass.ca’s sole discretion (i) refuse or remove any Content that violates any KidsPass.ca policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in KidsPass.ca’s sole discretion.

 

Certain Promotional Terms

From time to time, KidsPass.ca or its Providers may offer promotions (“Promos”), including where you must redeem a promotional code as part of the offer. These are limited time offers, and KidsPass.ca reserves the right to modify or cancel any Promo at any time, with or without notice. Promos are good while supplies last and may be limited by customer type (e.g., only new customers), Activity type, a total number of redemptions or uses or an expiration date. Promos are limited to one per person and account and may not be combined with other offers unless allowed by KidsPass.ca in its sole discretion. Each Promo code applies only to qualifying items. For example, a Promo offered by a specific Provider will only be valid on Activities offered by such Provider. Also, Promos that a user shares via Facebook, Twitter, text, email or otherwise may only be used once by each recipient and will only be valid for those recipients who were not already Service users.

Promos are non-transferrable and may not be resold. If any of the Activities related to a Promo are canceled, your refund will equal the amount you paid for it, subject to applicable refund policies. If KidsPass.ca determines you have violated this TERMS OF SERVICE (including any of the Promo terms) or are attempting to do so or to circumvent any limitations herein, your Promos will be invalid.

Termination

KidsPass.ca may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. However, if you are a Provider and you have not breached this TERMS OF SERVICE in any way, KidsPass.ca will use reasonable efforts to give you at least thirty (30) days prior written notice of any termination, which shall be sent via email to the address associated with your KidsPass.ca account owner or administrator.

 

If you wish to terminate this TERMS OF SERVICE or your account (if you have one), you may simply discontinue using the Service and send an email to support@kidspass.ca. All provisions of this TERMS OF SERVICE which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties

The Service and all Activities are provided “as is”. KidsPass.ca hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither KidsPass.ca nor its suppliers makes any warranty to you that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content and services, including Activities, through the Service at your own discretion and risk.

 

You acknowledge that Activities are not provided by KidsPass.ca but by the applicable Provider (which may be a private or public entity). KidsPass.ca shall not have any liability with respect to anything that occurs at or around an Activity, nor for any cancellation of, insufficiency in, or other problem in connection with any Activity. With respect to any Activity you may attend or otherwise participate in, you agree that KidsPass.ca’s suppliers (which includes the Provider(s) of such Activity and their agents and representatives) hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

 

Limitation of Liability

In no event will KidsPass.ca or its suppliers be liable to you (including your customers, affiliates, successors, or heirs) with respect to any subject matter of this TERMS OF SERVICE under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the KidsPass.ca Fees retained by KidsPass.ca from your purchase (or, if you are a Provider, your provision) of Paid Activities under this TERMS OF SERVICE during the six (6) month period prior to the cause of action or, if no fees were so retained, one hundred Canadian dollars ($100). Neither KidsPass.ca nor its suppliers shall have any liability to you for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent such limitations are prohibited by applicable law.

 

Acknowledgement of Risk

You accept there are potential risks and dangers inherently associated with the Activities, including but not limited to: risk of falling, colliding with objects or other children, use of tools, chemicals such as those in paints, hot glue guns, materials that may be harmful if swallowed, and more. You accept full responsibility for any losses or damages to yourself or your child(ren), however caused or alleged to be caused.

 

Medical Authorization

In the unlikely event that you are unavailable or absent in an emergency situation in connection with an Activity that affects your minor child, you authorize the Provider(s) of such Activity to secure for your child(ren) the services of emergency transportation, a physician, and/or a hospital, such as in the event of accident or illness. You will be responsible for payment of all such services, including all medical treatment. You authorize personal information needed for the treatment of your child(ren) to be released to medical/hospital personnel. These authorizations are and will remain in effect during any and all hours your child is participating in Activities, including a reasonable time before and after, regardless of the location.

 

Use of Photo

From time to time, KidsPass.ca or Providers may photograph you or your child(ren) participating in an Activity. If you don’t want you or your child(ren) to appear in public photo, instructional materials, on the Service or in other promotional or marketing materials, please contact us at support@kidspass.ca to opt out. If you do not opt out, you agree that any such photos are property of KidsPass.ca or the Provider who took the photograph(s), as applicable, and may reasonably be used to market or otherwise promote its business.

 

Representations and Warranties

You represent and warrant that your use of the Service (and, if you are a Provider, your provision of the Activities) will be in strict accordance with the KidsPass.ca Privacy Policy, with this TERMS OF SERVICE and with all applicable laws and regulations, including without limitation any local laws or regulations in Canada, province, city, or other governmental area. If you are a Provider, this means you’ll comply with all laws and regulations regarding the provision of childcare and other services for children and families, the operation of any facility used in connection with the Activities, and the collection and processing of personal information. If you are a Provider, you also represent and warrant that you will comply with industry best practices in connection with the Activities to create a safe, high-quality experience for children, including by obtaining reasonable insurance coverage for harm to Activity participants.

 

Indemnification

You agree to indemnify and hold harmless KidsPass.ca and its suppliers, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of (i) your use of the Service, (ii) your violation of this TERMS OF SERVICE or (iii) your or your child(ren)'s presence at or about KidsPass.ca’s or its suppliers’ premises or in any way observing or using any facilities or equipment of KidsPass.ca or its suppliers, either during or outside assigned business hours, whether caused by the negligence of KidsPass.ca or its suppliers, or otherwise. For the purposes of this TERMS OF SERVICE, “your child(ren)” also includes any children for whom you book an Activity or are responsible (e.g., your grandchild, niece or nephew, a child you babysit, etc.).

 

Dispute Resolution and Arbitration

Except for claims solely for injunctive or equitable relief (which may be brought in any competent court without the posting of a bond), any dispute arising under this TERMS OF SERVICE shall be finally settled by the Canadian Arbitration Association (“CAA”) in accordance with the CAA Arbitration Rules (the “CAA Rules”). (The CAA Rules are available at http://canadianarbitrationassociation.ca/?page_id=55 or by calling the CAA at 1-800-856-5154.) The Ontario Arbitration Act, 1991, CAA will govern the interpretation and enforcement of this section. The arbitration shall take place in Ottawa, Ontario in the English language and the arbitral decision may be enforced in any court. If you are not a Provider, you have the right to opt-out and not be bound by the binding arbitration requirement by sending written notice of your decision to opt-out to the email address support@kidspass.ca. The notice must be sent within the later of March 4, 2019 or 30 days after your first use of the Services, whichever is later. If you opt-out of the binding arbitration requirement, KidsPass.ca also will not be bound by the requirement. Providers may not opt-out of the binding arbitration requirements.

 

Entire Agreement

This TERMS OF SERVICE constitutes the entire agreement between KidsPass.ca and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of KidsPass.ca, or by the posting by KidsPass.ca of a revised version. Except to the extent applicable law, if any, provides otherwise, this TERMS OF SERVICE and any access to or use of the Service will be governed by the laws of the Province of Ontario, No choice of laws rules of any jurisdiction shall apply to this Agreement. Subject to the arbitration provisions in this TERMS OF SERVICE, the proper venue for any disputes arising out of or relating to any of the same will be located in Ottawa, Ontario. The prevailing party in any action or proceeding to enforce this TERMS OF SERVICE shall be entitled to costs and attorney's’ fees. If any part of this TERMS OF SERVICE is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this TERMS OF SERVICE or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this TERMS OF SERVICE to any party that consents to, and agrees to be bound by, its terms and conditions; KidsPass.ca may assign its rights under this TERMS OF SERVICE without condition. This TERMS OF SERVICE will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

LAST UPDATED: March 4, 2019

If you have any questions, please contact us at support@kidspass.ca