Terms of Service

Last Updated: 07/07/2024
Please read these Terms of Service ("Terms") carefully before using FindChildcare. The Terms govern your access to and use of the website, mobile application, APIs, and related services (collectively the "Service") provided by KidzLog Inc ("Company"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use the Service.

1. Introduction

The Service allows childcare providers to list their services and parents to search for childcare providers. The Service is provided "as is" and Company is not responsible for any provider or parent. Company is not responsible for any disputes between providers and parents. By using the Service, you agree to be bound by these Terms.

2. Eligibility

You must be at least 18 years old to use the Service. The Service is not available to any users suspended by Company.

3. User Accounts and Responsibilities

You may need to register for an account to use certain features of the Service. You agree to provide accurate and complete information when registering an account. You are solely responsible for all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss or damages arising from unauthorized use of your account.

a. Childcare providers may create accounts to post listings, manage waitlists and modify listings. You agree to use the Service responsibly and comply with applicable laws. Company is not liable for any provider.

b. Parents searching for childcare may subscribe to waitlists and contact providers. You agree to use the Service responsibly and comply with applicable laws. Company is not liable for any parent.

4. Listing Accuracy

a. Company does not guarantee the accuracy of listings. Providers are solely responsible for the information provided.

b. Company does not guarantee the availability of spots. Parents are responsible for contacting providers to confirm availability.

c. Company is not responsible for incorrect information provided via the Service. Either through syncing with external sources or manual entry.

d. Company is not responsible for any disputes between providers and parents. Company is not liable for any provider or parent.

5. Use of the Service

Company grants you a limited, revocable license to use the Service solely for purposes permitted under these Terms. You agree not to access, reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit the Service for any commercial purpose without Company's express written consent.

Company improves products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data. Our privacy statement has more details.

Company uses PostHog to analyze user behavior and improve our product and services. PostHog collects information about how you use our product, such as pages visited, actions taken, and interactions with our product. For more information about how PostHog collects and uses your data, visit the PostHog Privacy Policy

6. User Content

You retain ownership of any content you post, upload, or submit to the Service. By posting content, you grant Company a non-exclusive, worldwide, royalty-free license to use, copy, modify, distribute, publish, and process the content solely to the extent necessary to provide the Service.

7. Service Availability

Company will make reasonable efforts to keep the Service operational but is not liable for any outages affecting availability. Company reserves the right to suspend or cease providing the Service at any time.

8. Intellectual Property

The Service content, trademarks and logos are the property of Company or its licensors and is protected by copyright and other laws. You may not use, copy, distribute or create derivative works without Company's express written consent.

9. Cost

a. Service Fees: The fees applicable for the Services provided by Company are set forth in the pricing section of our website or as otherwise agreed upon in a signed agreement between you and Company. All fees are non-refundable, except as expressly provided otherwise in this document.

b. Payment Terms: Payment for the Services must be made in advance, and services will not be provided until payment has been received in full. Payment can be made through the methods indicated on our website or as specified in a signed agreement.

c.{' '} Renewals and Auto-Renewal:{' '} Unless otherwise stated in a signed agreement, all services are automatically renewed for successive terms equal in length to the initial term at the end of each term period, and you will be charged the applicable service fees for the renewal term, unless you provide Company with written notice of your intention not to renew at least 30 days prior to the end of the then-current term.

d. Late Payment: If any amounts owed by you for the Services are 30 days or more overdue, Company may, without limiting our other rights and remedies, accelerate your unpaid fee obligations so that all such obligations become immediately due and payable, and suspend our services to you until such amounts are paid in full.

e. Price Changes: Company reserves the right to change the fees for the Services at any time, provided that such changes will not take effect until the next renewal term. We will provide you with at least 30 days' notice prior to the end of your then-current term of any changes to the fees to give you the opportunity to cancel your subscription before such changes become effective.

f. Taxes: The fees for the Services do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction whatsoever ("Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder. If Company has the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

g. Refund Policy: Except as expressly provided otherwise in this document or as required by law, all fees are non-refundable. However, Company may, at its sole discretion, choose to offer a refund for the Services within 30 days of the original purchase date. If a user has used the service for more than 30 days, then the maximum refund that may be granted, at our discretion, shall be limited to the fees paid for the last 30-day period only.

By using the Services, you agree to be bound by the terms of this section and to timely pay all fees and charges associated with your use of the Services. Failure to comply with the terms of this section may result in suspension or termination of your access to the Services.

10. Disclaimers

THE SERVICE AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AS TO ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability

COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. COMPANY'S TOTAL LIABILITY IS LIMITED TO THE GREATER OF ONE HUNDRED CANADIAN DOLLARS ($100) OR 50% OF THE AMOUNT PAID TO COMPANY IN THE PAST YEAR.

12. Indemnification

You agree to defend, indemnify and hold harmless Company from any claims, damages, losses, liabilities, costs or expenses (including attorneys fees) arising from: (1) your use of the Service; (2) your violation of these Terms; or (3) your violation of any third party rights.

13. Termination

Company may terminate your right to use the Service at any time upon notice. All provisions survive termination of your right to use the Service.

14. Governing Law

These Terms are governed in accordance with the laws of Ontario, Canada without regard to conflict of law principles. Any disputes will be resolved exclusively in the courts located in Ontario, Canada.

15. Changes to Terms

Company may update these Terms from time to time. The updated Terms will be posted on the Service. Your continued use of the Service constitutes acceptance of the updated Terms.

16. Contact Us

Please contact us at hello@findchildcare.ca if you have any questions about these Terms.