AGREEMENT BETWEEN CUSTOMER AND ALL ABOUT KIDS INC.

Welcome to www.allaboutkids.ca (the “Website"). This Website is provided solely to assist customers in gathering child care provider information, including information about us, determining the availability of child care services, making legitimate reservations for child care services or otherwise transacting business with Care Providers (as hereinafter defined) (the "Services"). The terms "we", "us", "our" and "All About Kids" refer to All About Kids Inc., an Ontario corporation and/or our affiliates. The terms "you" and "your" refers to the user or customer visiting the Website and/or the user or customer who has registered and become a member of the Website (a "Member").

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website, whether as a Member or otherwise, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

 

USE OF THE WEBSITE

As a condition of your use of this Website, you represent and warrant that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you possess the legal authority to make decisions on behalf of the child for which child care services are sought; (iv) you will use this Website in accordance with this Agreement; (v) you will only use this Website to make legitimate child care reservations for your child for whom you are legally authorized to act; (vi) you will inform such other persons about the terms and conditions of this Agreement, including all rules and restrictions applicable thereto; (vii) all information supplied by you on this Website is true, accurate, current and complete, and (viii) if you have a Member account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Website and the Services we offer and to terminate this Agreement with respect to anyone, at any time and for any reason, including, but not limited to, for violation of this Agreement.

 

ALLABOUTKIDS.CA AS A CONNECTION SITE

This Website is provided partially as a means for enabling the connection between individuals seeking child care services for their child ("Care Seekers") and entities providing child care services ("Care Providers"). All About Kids does not take part in the interaction between Care Seekers and Care Providers other than other than to collect payments from Care Seekers on behalf of Care Providers for child care services transacted through the Website. You hereby acknowledge, understand and expressly agree that All About Kids does not have control over the quality, suitability, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers. All About Kids makes no representations or warranties about the suitability, reliability, timeliness, quality and accuracy of the services provided by Care Providers through the use of the Website and the Services. All About Kids does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on this Website. All About Kids does not assume and expressly disclaims any liability that may result from the use of this information. You hereby expressly agree not to hold All About Kids (or All About Kids's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the Website and All About Kids and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, therefrom.

Prior to listing an individual Care Provider on the Website, All About Kids requires proof that the Care Provider is licensed under the Day Nurseries Act, R.S.O. 1990, Ch. D.2 and All About Kids conducts an annual review of each Care Provider listed on the Website to ensure each Care Provider is still so licensed. Despite the above, All About Kids makes no representations or warranties that any individual Care Provider listed on the Website is licensed under the Day Nurseries Act at any given time, other than at the time of listing such individual Care Provider on the Website.

 

CARE PROVIDER RULES AND RESTRICTIONS

You agree to abide by the terms and conditions of child care imposed by any Care Provider with whom you elect to deal. You acknowledge that some Care Providers offering child care services may require you to sign their liability waiver prior to participating in the child care service they offer. You understand that any violation of any such Care Provider's rules and restrictions may result in cancellation of your child care reservation(s), including denial of access to the child care services, and/or forfeiting any monies paid by you for such child care reservation(s).

 

RELEASE

Care Seekers may seek the services of a Care Provider through the use of the Website and Care Providers may submit proposals to Care Seekers regarding their services. If a Care Seeker and a Care Provider agree on the provision of child care services, such agreement is solely between the Care Seeker and the Care Provider and All About Kids is not a party to any such agreement. Any issues concerning the services received by the Care Seeker must be resolved directly by the Care Seeker and the Care Provider. All About Kids will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the services received by the Care Seeker. By using this Website, you represent, understand, and expressly agree to hold All About Kids and its Affiliates harmless for any claim or controversy that may arise from any dispute between you and any Care Provider.

 

PRIVACY POLICY

All About Kids will only use the information you provide in accordance allaboutkids.ca’s current Privacy Policy[SH1] . This Agreement includes the All About Kids Privacy Policy[SH2] , as renewed or updated from time to time.

 

INFORMATION PROVIDED BY YOU

You are responsible for providing accurate, current and complete information in connection with your registration for use of the Website. All About Kids is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Website. You agree to assume the sole responsibility for providing accurate and relevant information with respect to your child’s care needs to an individual Child Care Provider you choose to transact business with through the Website. All About Kids is not responsible for any claims relating to the provision by you of incomplete information to any such Child Care Provider.

 

INFORMATION PROVIDED BY CARE PROVIDERS

Opinions, advice, statements, offers, or other information or content made available on the Website by or about a Care Provider are those of the individual Care Provider. Such Care Providers are solely responsible for such content. All About Kids does not with respect to such information: (i) guarantee its accuracy, completeness, or usefulness of any information made available by individual Care Providers, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any Care Provider that appears on the Website. Under no circumstances will All About Kids be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website by any Care Provider

 

PAYMENT BY CARE SEEKERS

If you wish to make a child care reservation through the Website, you will make payment via credit card to All About Kids of the fee which may be set from time to time by the individual Care Provider (the “Care Fee”) plus the All About Kids service fee which may be in effect from time to time (the “Service Fee”). No refunds or credits of the Service Fee or Care Fee will be provided for child care reservation cancellation requests with less than 48 hours notice by phone or email. All About Kids shall provide to the applicable Care Provider for which a child care reservation has been made, the Care Fee plus applicable taxes.

 

TERRITORIAL RESTRICTION

The Website can be accessed from Canada and other countries around the world. You understand and acknowledge that the services provided on the Website may not be available for purchase to persons or entities residing in certain jurisdictions or geographical areas. All About Kids reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any service to a person or entity residing in any jurisdiction or geographical area. All About Kids does not represent or warrant that any service provided on this Website will be available for purchase by you.

NO WARRANTY

The information and materials contained in this Website, including text, graphics, information, links or other items are provided "as is" and "as available". ALL ABOUT KIDS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUSES OR BUGS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

 

DISCLAIMER OF WARRANTY

  1. No Warranties. THE SERVICES PROVIDED BY ALL ABOUT KIDS THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS AND ALL ABOUT KIDS GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO SUCH SERVICES OR THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL ABOUT KIDS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES OR THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES OR THE WEBSITE WILL BE CORRECTED. ALL ABOUT KIDS DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE WEBSITE.

    IN ADDITION AND WITHOUT LIMITING THE FOREGOING, ALL ABOUT KIDS MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OR QUALITY OF ANY PARTICULAR CARE PROVIDER LISTED ON THE WEBSITE.
  2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by All About Kids, including but not limited to Care Providers, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ALL ABOUT KIDS DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE WEBSITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ALL ABOUT KIDS. UNDER NO CIRCUMSTANCES WILL ALL ABOUT KIDS OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY PARTY OTHER THAN ALL ABOUT KIDS.

 

ASSUMPTION OF RISK

You assume all risk when using the Website, including but not limited to all of the risks associated with any online or offline interactions with Care Providers. You agree to take all necessary precautions before interacting or transacting business with individual Care Providers.

 

LIMITATION OF LIABILITY

  1. Incidental Damages and Aggregate Liability. In no event will All About Kids be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Website, including without limitation damages related to any information received from the Website, removal of content from the Website, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your membership in or ability to access the Website, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if All About Kids, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL ALL ABOUT KID'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE OR THE WEBSITE, EXCEED THE SERVICE FEE PAID BY YOU, OR, IF YOU HAVE NOT PAID ALL ABOUT KIDS FOR THE USE OF ANY SERVICES, THE AMOUNT OF CAD$25.00 OR ITS EQUIVALENT.

    No Liability for Actions of Others. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALL ABOUT KIDS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, MENTAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH CARE PROVIDERS OR OTHER PARTIES OTHER THAN ALL ABOUT KIDS THROUGH THE USE OF THE WEBSITE OR THE SERVICES, WHETHER ONLINE OR OFFLINE.

    THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALL ABOUT KIDS AND YOU. THIS WEBSITE, THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

INDEMNIFICATION

By agreeing to the terms of this Agreement, you agree to indemnify, defend and hold harmless All About Kids and its Affiliates from and against any and all claims, losses, expenses or demands, including legal fees and costs incurred by All About Kids and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Website, or (ii) use of the Website by you in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defence of such claims. All About Kids and its Affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter without the written consent of All About Kids. You further agree to indemnify and hold harmless All About Kids and its Affiliates from any claim arising from a third party's use of information or materials of any kind that you post to the Website.

 

LINKS TO THIRD-PARTY SITES

This Website may contain links to other web sites, including those of Care Providers. We are not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site does not imply approval or endorsement of the linked web site by us. If you decide to leave our site and access these third party sites, you do so at your own risk.

COPYRIGHT AND TRADEMARK NOTICES

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trade marks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such content or any part of the Website, except as expressly allowed herein, is strictly prohibited. You do not acquire ownership rights to any content or document obtained through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

LIMITED RIGHT TO USE

The viewing or downloading of any content, form or document from the Website grants you only a limited, non-exclusive licence for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

 

COPYRIGHTS

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

GENERAL

This Agreement shall be treated as though it were executed and performed in the Province of Ontario, and shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles). Any cause of action of yours with respect to the Website (and/or information and materials thereon and/or transactions or interactions with Care Providers through the Website or the Services) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the appropriate courts in the Province of Ontario. You expressly submit to the exclusive jurisdiction of such courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed or construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of All About Kids to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision. All section headings are for reference and convenience purposes only and shall not be considered in the interpretation of this Agreement.

 

               
Priority Membership
Child Care Providers

Main Office: 416-977-0555  Back-up Care Support: 416-333-2396   info@allaboutkids.ca     allaboutkids.ca

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