Child Friendly Pro Ltd. Terms of Use
1. Introduction
Welcome to Child Friendly Pro Ltd. ("Company," "we," "us," "our"). These Terms of Use ("Terms") govern your access to and use of our services, including any content, functionality, and services offered on or through our website and mobile applications (collectively, the "Services"). By using the Services, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Services.
For the purpose of these Terms, "childcare entities" or "applicable entities" are defined as establishments or organizations operating in the childcare sector, such as daycare centers, schools, preschools, or similar entities, for which the Services are intended.
2. Fees and Transaction Processing Services
Fee Introduction and Notice: Child Friendly Pro Ltd. currently offers all its Services free of charge, except for transaction-specific Merchant fees as delineated below. We retain the right to discontinue any free Services and introduce fees for existing or new Services. Notification will precede the commencement of any fee-bearing Services, and continued use implies acceptance of applicable fees. Payments are non-refundable and must be made in the currency specified by our Services, unless stated otherwise.
Merchant Fees: Child Friendly Pro Ltd. offers a payment processing solution for childcare entities and other applicable entities as part of our Services. By utilizing this feature, you agree to pay the associated merchant fees. These fees are non-refundable and will be debited separately from your account, distinct from tuition or other fees processed for your clients. Payment processing is facilitated through third-party service providers, subject to their terms. Child Friendly Pro Ltd. reserves the right to withhold charges and fees in cases of suspected fraud or abuse. By using our payment processing feature, you consent to the associated terms of Stripe, Rotessa, and Protessa. Child Friendly Pro Ltd. retains the right to change payment processors without prior notice.
As of the present, the total merchant fees, encompassing both third-party processors and Child Friendly Pro Ltd., associated with all transactions are set at 1% for PAD/ACH transactions, $0.30 + 1% for debit card transactions, and $0.30 + 3.75% for all credit card transactions. We reserve the right to adjust our Merchant Fees at any time. Notification will precede the commencement of any Merchant Fee changes, and continued use implies acceptance of applicable fees. Payments are non-refundable and must be made in the currency specified by our Services, unless stated otherwise.
Processing Client Transactions: Child Friendly Pro Ltd. offers a payment processing solution for childcare entities and other applicable entities to invoice, collect, and process payments from their clients. By initiating a transaction, you authorize us or our designated payment processor to charge the applicable parties' accounts as per the details provided. You confirm your legal right to use the provided payment method and details. Child Friendly Pro Ltd. does not control the quality of care or services provided by childcare entities or other applicable entities. Clients of such entities are responsible for reviewing and settling all charges incurred under their accounts, including taxes. Charges are non-refundable, and refund requests should be directed to the respective entity.
Chargebacks and Rejected Payments: A $40 fee will be charged and debited from your account at the end of the month for each charged back and rejected payment processed by Child Friendly Pro Ltd. on behalf of your clients. This fee is non-refundable.
3. Use of the Services
4. Account Registration
To access certain features of the Services, you may be required to register for an account and provide information about yourself. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
5. Authorized Users
If you are a Childcare Provider or other entity using our services for their intended purposes, the Services may only be accessed and used by your employees or contractors who have been designated and authorized by you to be granted such access (each an “Authorized User”) for the sole purpose of performing their job functions for you. Each account for the Services may only be accessed and used by the specific Authorized User for whom such account is created. The account credentials are confidential and cannot be shared or used by more than one person.
6. User Submissions
Your contributions, encompassing various forms of content shared via the Services, define your "User Submissions." While some may be publicly visible, you retain ownership. However, by sharing, you grant Child Friendly Pro Ltd. a comprehensive license to utilize, distribute, display, perform, create derivative works, translate, modify, and reproduce said submissions, solely for enhancing and delivering the Services.
You confirm that you possess, and will continue to obtain, all necessary permissions for us to exercise the rights granted under these Terms. Although you retain ownership, the granted license is perpetual, royalty-free, and applicable worldwide. Upon account deletion, we'll cease displaying your User Submissions, except for publicly available ones. However, complete removal from our records may not be feasible.
Moreover, you acknowledge that we may need to adapt your submissions to meet technical specifications. This adaptation falls within the scope of the granted licenses.
7. Responsibility for Content and Interactions: Child Friendly Pro Ltd. is not responsible for any content publicly posted or privately transmitted through the Services. Users access such content at their own risk, and Child Friendly Pro Ltd. is not liable for any errors or omissions in that content or for any damages or loss suffered in connection with it. Child Friendly Pro Ltd. does not control how users interpret and use the content or what actions they may take as a result. Users release Child Friendly Pro Ltd. from all liability for acquiring or not acquiring content through the Services.
Users are responsible for all content they contribute to the Services and must ensure they have all necessary rights to do so. Users must keep their registration information accurate and current and are responsible for all activity in connection with the Services.
Child Friendly Pro Ltd. may provide links to third-party websites or services, but it does not control or endorse them. Users acknowledge sole responsibility for and assume all risk arising from their use of any third-party websites or services. Child Friendly Pro Ltd. is not responsible for the content, accuracy, privacy policies, or practices of any third-party websites or services.
Interactions with organizations or individuals found on or through the Services are solely between the user and those entities. Child Friendly Pro Ltd. is not responsible for any transactions or agreements made between users and third parties. Users should conduct their own investigations before proceeding with any transactions.
If there is a dispute between users or between users and third parties, Child Friendly Pro Ltd. is not obligated to become involved. Users release Child Friendly Pro Ltd. from any claims, demands, or damages arising from such disputes.
Child Friendly Pro Ltd. may offer products and services to help users find and pay for child care, but it is not responsible for providing child care services. Child Friendly Pro Ltd. does not guarantee the accuracy or quality of information provided by child care providers. Child Friendly Pro Ltd. cannot control the actions of child care providers, and users release Child Friendly Pro Ltd. from any liability related to interactions with child care providers.
8. FOIP & PIPA Compliance: The provisions outlined in the Freedom of Information and Protection of Privacy Act (FOIP) of the Province of Alberta are not applicable to private businesses, non-profit organizations, or professional regulatory organizations operating within Alberta. In such cases, Alberta's Personal Information Protection Act (PIPA) will govern the collection, use, and disclosure of personal information.
As a user or organization subject to PIPA, you are responsible for ensuring compliance with the obligations outlined in the legislation concerning the data collected and stored through the website. Child Friendly Pro Ltd. is not accountable for PIPA obligations, except as they relate to the data entered and stored on the platform for the purpose of facilitating your access to the site.
By using the website, you acknowledge and agree to adhere to the requirements of PIPA regarding the handling of personal information and data privacy. It is your responsibility to ensure that any data collected and stored through the website complies with the provisions of PIPA.
9. Intellectual Property Rights
The Services and all contents, including but not limited to text, graphics, data, articles, photos, images, illustrations, User Submissions, and other materials (collectively, the "Content"), are the property of the Company and are protected by copyright, trademark, and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You may use the Content accessed through the Services solely for the purpose of operating your childcare operation or equivalent entity for which the Services were designed.
You understand that Child Friendly Pro Ltd. owns the Services. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
10. Termination
We may terminate or suspend your access to the Services at any time, with or without cause or notice, effective immediately. Upon termination, your right to use the Services will immediately cease. You may also terminate your account at any time. Upon termination, your right to use the Services will cease immediately.
Account termination may result in the deletion of any Content associated with your account. Please consider this consequence prior to initiating account termination. We will endeavor to provide advance notice before terminating your account, allowing you to retrieve any essential User Submissions stored therein, in accordance with legal requirements and these Terms. However, we reserve the discretion to forego such notice if we determine it to be impractical, unlawful, contrary to safety or security concerns, or detrimental to the rights or property of the Company.
In the event of inadvertent account deletion, promptly contact us at support@childfriendlypro.com – while we will make every effort to assist you, we cannot guarantee the recovery or restoration of any data.
All provisions of the Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Disclaimers and Limitation of Liability
The Services are provided on an "as is" and "as available" basis. We do not warrant that the Services will be uninterrupted, secure, or error-free. To the fullest extent permitted by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
13. Governing Law and Arbitration
These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein. Any disputes arising out of or relating to these Terms or the Services, including but not limited to any claims or controversies ("Claims"), shall be resolved through arbitration under the Canadian Arbitration Association's rules and procedures, as governed by the Commercial Arbitration Act (Canada). This includes Claims based on contract, tort, fraud, negligence, statutory provisions, or any other legal theory. The arbitration hearing will take place in a location chosen by the Canadian Arbitration Association, and the arbitrator shall apply the laws of the Province of Alberta, within the Commercial Arbitration Act (Canada). The arbitration shall be conducted by a single, neutral arbitrator selected in accordance with the rules of the Canadian Arbitration Association. Each party shall bear its own expenses, including attorneys' fees, unless otherwise determined by the arbitrator. The arbitrator's decision shall be final and binding, subject to any appeal as provided by law.
You agree that any disputes between you and Child Friendly Pro Ltd. shall be resolved on an individual basis through arbitration. You hereby waive the right to participate in any class action, collective action, or representative proceeding. Claims and remedies sought must be pursued on an individual basis.
14. Changes to Terms
We retain the unilateral right to modify or replace these Terms at any time at our discretion. Should a revision be deemed material, we will provide a minimum of 30 days' notice via email before the new terms take effect. It is your responsibility to maintain accurate and updated email information with us. Failure to receive the email notification shall still constitute notice from us. Determination of what constitutes a material change rests solely with us. By continuing to access or use our Services after such revisions take effect, you expressly agree to be bound by the revised Terms.
15. Privacy Policy
Your use of the Services constitutes your explicit acceptance and agreement to be bound by our Privacy Policy. Our Privacy Policy outlines in detail how we collect, utilize, and disclose data and information. It is imperative that you carefully review our Privacy Policy to comprehensively understand our practices regarding data handling and privacy. By continuing to use the Services, you unequivocally acknowledge and consent to the terms and conditions outlined in our Privacy Policy.
16. Third-Party Links
The Services may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
17. Warranty Disclaimer: Child Friendly Pro Ltd., along with its licensors and suppliers, does not make any representations or warranties regarding any content accessed through the Services. Child Friendly Pro Ltd. will not be liable for the accuracy, copyright compliance, legality, or decency of material accessed through the Services. Neither Child Friendly Pro Ltd. nor its licensors and suppliers make any representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY CHILD FRIENDLY PRO LTD. (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. We make no warranty, express or implied, that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services. No advice or information, whether oral or written, obtained by you from Child Friendly Pro Ltd. or through the Services shall create any warranty not expressly stated in the Terms.
18. Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CHILD FRIENDLY PRO LTD. (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, ANY MATERIALS RECEIVED FROM CHILD FRIENDLY PRO LTD. AFFILIATES OR PARTNERS, WORK STOPPAGE, ACCURACY OF RESULTS, THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, SERVICE INTERRUPTION, COMPUTER OR SYSTEM FAILURE OR MALFUNCTION OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CHILD FRIENDLY PRO LTD. IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, WHETHER OR NOT CHILD FRIENDLY PRO LTD. (OR ITS LICENSORS OR SUPPLIERS) HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
19. Miscellaneous
20. Contact Information
If you have any questions about these Terms, please contact us at terms@childfriendlypro.com
Thank you for using Child Friendly Pro Ltd. services. We are committed to providing a safe and enjoyable experience for all our users.
Welcome to Child Friendly Pro Ltd. ("Company," "we," "us," "our"). These Terms of Use ("Terms") govern your access to and use of our services, including any content, functionality, and services offered on or through our website and mobile applications (collectively, the "Services"). By using the Services, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Services.
For the purpose of these Terms, "childcare entities" or "applicable entities" are defined as establishments or organizations operating in the childcare sector, such as daycare centers, schools, preschools, or similar entities, for which the Services are intended.
2. Fees and Transaction Processing Services
Fee Introduction and Notice: Child Friendly Pro Ltd. currently offers all its Services free of charge, except for transaction-specific Merchant fees as delineated below. We retain the right to discontinue any free Services and introduce fees for existing or new Services. Notification will precede the commencement of any fee-bearing Services, and continued use implies acceptance of applicable fees. Payments are non-refundable and must be made in the currency specified by our Services, unless stated otherwise.
Merchant Fees: Child Friendly Pro Ltd. offers a payment processing solution for childcare entities and other applicable entities as part of our Services. By utilizing this feature, you agree to pay the associated merchant fees. These fees are non-refundable and will be debited separately from your account, distinct from tuition or other fees processed for your clients. Payment processing is facilitated through third-party service providers, subject to their terms. Child Friendly Pro Ltd. reserves the right to withhold charges and fees in cases of suspected fraud or abuse. By using our payment processing feature, you consent to the associated terms of Stripe, Rotessa, and Protessa. Child Friendly Pro Ltd. retains the right to change payment processors without prior notice.
As of the present, the total merchant fees, encompassing both third-party processors and Child Friendly Pro Ltd., associated with all transactions are set at 1% for PAD/ACH transactions, $0.30 + 1% for debit card transactions, and $0.30 + 3.75% for all credit card transactions. We reserve the right to adjust our Merchant Fees at any time. Notification will precede the commencement of any Merchant Fee changes, and continued use implies acceptance of applicable fees. Payments are non-refundable and must be made in the currency specified by our Services, unless stated otherwise.
Processing Client Transactions: Child Friendly Pro Ltd. offers a payment processing solution for childcare entities and other applicable entities to invoice, collect, and process payments from their clients. By initiating a transaction, you authorize us or our designated payment processor to charge the applicable parties' accounts as per the details provided. You confirm your legal right to use the provided payment method and details. Child Friendly Pro Ltd. does not control the quality of care or services provided by childcare entities or other applicable entities. Clients of such entities are responsible for reviewing and settling all charges incurred under their accounts, including taxes. Charges are non-refundable, and refund requests should be directed to the respective entity.
Chargebacks and Rejected Payments: A $40 fee will be charged and debited from your account at the end of the month for each charged back and rejected payment processed by Child Friendly Pro Ltd. on behalf of your clients. This fee is non-refundable.
3. Use of the Services
- You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state/provincial, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit or procure the sending of any advertising or promotional material without our prior written consent.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
4. Account Registration
To access certain features of the Services, you may be required to register for an account and provide information about yourself. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
5. Authorized Users
If you are a Childcare Provider or other entity using our services for their intended purposes, the Services may only be accessed and used by your employees or contractors who have been designated and authorized by you to be granted such access (each an “Authorized User”) for the sole purpose of performing their job functions for you. Each account for the Services may only be accessed and used by the specific Authorized User for whom such account is created. The account credentials are confidential and cannot be shared or used by more than one person.
6. User Submissions
Your contributions, encompassing various forms of content shared via the Services, define your "User Submissions." While some may be publicly visible, you retain ownership. However, by sharing, you grant Child Friendly Pro Ltd. a comprehensive license to utilize, distribute, display, perform, create derivative works, translate, modify, and reproduce said submissions, solely for enhancing and delivering the Services.
You confirm that you possess, and will continue to obtain, all necessary permissions for us to exercise the rights granted under these Terms. Although you retain ownership, the granted license is perpetual, royalty-free, and applicable worldwide. Upon account deletion, we'll cease displaying your User Submissions, except for publicly available ones. However, complete removal from our records may not be feasible.
Moreover, you acknowledge that we may need to adapt your submissions to meet technical specifications. This adaptation falls within the scope of the granted licenses.
7. Responsibility for Content and Interactions: Child Friendly Pro Ltd. is not responsible for any content publicly posted or privately transmitted through the Services. Users access such content at their own risk, and Child Friendly Pro Ltd. is not liable for any errors or omissions in that content or for any damages or loss suffered in connection with it. Child Friendly Pro Ltd. does not control how users interpret and use the content or what actions they may take as a result. Users release Child Friendly Pro Ltd. from all liability for acquiring or not acquiring content through the Services.
Users are responsible for all content they contribute to the Services and must ensure they have all necessary rights to do so. Users must keep their registration information accurate and current and are responsible for all activity in connection with the Services.
Child Friendly Pro Ltd. may provide links to third-party websites or services, but it does not control or endorse them. Users acknowledge sole responsibility for and assume all risk arising from their use of any third-party websites or services. Child Friendly Pro Ltd. is not responsible for the content, accuracy, privacy policies, or practices of any third-party websites or services.
Interactions with organizations or individuals found on or through the Services are solely between the user and those entities. Child Friendly Pro Ltd. is not responsible for any transactions or agreements made between users and third parties. Users should conduct their own investigations before proceeding with any transactions.
If there is a dispute between users or between users and third parties, Child Friendly Pro Ltd. is not obligated to become involved. Users release Child Friendly Pro Ltd. from any claims, demands, or damages arising from such disputes.
Child Friendly Pro Ltd. may offer products and services to help users find and pay for child care, but it is not responsible for providing child care services. Child Friendly Pro Ltd. does not guarantee the accuracy or quality of information provided by child care providers. Child Friendly Pro Ltd. cannot control the actions of child care providers, and users release Child Friendly Pro Ltd. from any liability related to interactions with child care providers.
8. FOIP & PIPA Compliance: The provisions outlined in the Freedom of Information and Protection of Privacy Act (FOIP) of the Province of Alberta are not applicable to private businesses, non-profit organizations, or professional regulatory organizations operating within Alberta. In such cases, Alberta's Personal Information Protection Act (PIPA) will govern the collection, use, and disclosure of personal information.
As a user or organization subject to PIPA, you are responsible for ensuring compliance with the obligations outlined in the legislation concerning the data collected and stored through the website. Child Friendly Pro Ltd. is not accountable for PIPA obligations, except as they relate to the data entered and stored on the platform for the purpose of facilitating your access to the site.
By using the website, you acknowledge and agree to adhere to the requirements of PIPA regarding the handling of personal information and data privacy. It is your responsibility to ensure that any data collected and stored through the website complies with the provisions of PIPA.
9. Intellectual Property Rights
The Services and all contents, including but not limited to text, graphics, data, articles, photos, images, illustrations, User Submissions, and other materials (collectively, the "Content"), are the property of the Company and are protected by copyright, trademark, and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You may use the Content accessed through the Services solely for the purpose of operating your childcare operation or equivalent entity for which the Services were designed.
You understand that Child Friendly Pro Ltd. owns the Services. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
10. Termination
We may terminate or suspend your access to the Services at any time, with or without cause or notice, effective immediately. Upon termination, your right to use the Services will immediately cease. You may also terminate your account at any time. Upon termination, your right to use the Services will cease immediately.
Account termination may result in the deletion of any Content associated with your account. Please consider this consequence prior to initiating account termination. We will endeavor to provide advance notice before terminating your account, allowing you to retrieve any essential User Submissions stored therein, in accordance with legal requirements and these Terms. However, we reserve the discretion to forego such notice if we determine it to be impractical, unlawful, contrary to safety or security concerns, or detrimental to the rights or property of the Company.
In the event of inadvertent account deletion, promptly contact us at support@childfriendlypro.com – while we will make every effort to assist you, we cannot guarantee the recovery or restoration of any data.
All provisions of the Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Disclaimers and Limitation of Liability
The Services are provided on an "as is" and "as available" basis. We do not warrant that the Services will be uninterrupted, secure, or error-free. To the fullest extent permitted by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
13. Governing Law and Arbitration
These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein. Any disputes arising out of or relating to these Terms or the Services, including but not limited to any claims or controversies ("Claims"), shall be resolved through arbitration under the Canadian Arbitration Association's rules and procedures, as governed by the Commercial Arbitration Act (Canada). This includes Claims based on contract, tort, fraud, negligence, statutory provisions, or any other legal theory. The arbitration hearing will take place in a location chosen by the Canadian Arbitration Association, and the arbitrator shall apply the laws of the Province of Alberta, within the Commercial Arbitration Act (Canada). The arbitration shall be conducted by a single, neutral arbitrator selected in accordance with the rules of the Canadian Arbitration Association. Each party shall bear its own expenses, including attorneys' fees, unless otherwise determined by the arbitrator. The arbitrator's decision shall be final and binding, subject to any appeal as provided by law.
You agree that any disputes between you and Child Friendly Pro Ltd. shall be resolved on an individual basis through arbitration. You hereby waive the right to participate in any class action, collective action, or representative proceeding. Claims and remedies sought must be pursued on an individual basis.
14. Changes to Terms
We retain the unilateral right to modify or replace these Terms at any time at our discretion. Should a revision be deemed material, we will provide a minimum of 30 days' notice via email before the new terms take effect. It is your responsibility to maintain accurate and updated email information with us. Failure to receive the email notification shall still constitute notice from us. Determination of what constitutes a material change rests solely with us. By continuing to access or use our Services after such revisions take effect, you expressly agree to be bound by the revised Terms.
15. Privacy Policy
Your use of the Services constitutes your explicit acceptance and agreement to be bound by our Privacy Policy. Our Privacy Policy outlines in detail how we collect, utilize, and disclose data and information. It is imperative that you carefully review our Privacy Policy to comprehensively understand our practices regarding data handling and privacy. By continuing to use the Services, you unequivocally acknowledge and consent to the terms and conditions outlined in our Privacy Policy.
16. Third-Party Links
The Services may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
17. Warranty Disclaimer: Child Friendly Pro Ltd., along with its licensors and suppliers, does not make any representations or warranties regarding any content accessed through the Services. Child Friendly Pro Ltd. will not be liable for the accuracy, copyright compliance, legality, or decency of material accessed through the Services. Neither Child Friendly Pro Ltd. nor its licensors and suppliers make any representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY CHILD FRIENDLY PRO LTD. (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. We make no warranty, express or implied, that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services. No advice or information, whether oral or written, obtained by you from Child Friendly Pro Ltd. or through the Services shall create any warranty not expressly stated in the Terms.
18. Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CHILD FRIENDLY PRO LTD. (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, ANY MATERIALS RECEIVED FROM CHILD FRIENDLY PRO LTD. AFFILIATES OR PARTNERS, WORK STOPPAGE, ACCURACY OF RESULTS, THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, SERVICE INTERRUPTION, COMPUTER OR SYSTEM FAILURE OR MALFUNCTION OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CHILD FRIENDLY PRO LTD. IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, WHETHER OR NOT CHILD FRIENDLY PRO LTD. (OR ITS LICENSORS OR SUPPLIERS) HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
19. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and Child Friendly Pro Ltd. regarding the use of the Services and supersede any prior agreements between you and Child Friendly Pro Ltd. relating to your use of the Services.
- Taxes & Duties: You are responsible for all taxes, duties, and governmental assessments related to your activity with the Services. Child Friendly Pro Ltd. may, at its discretion, undertake any tax-related obligations on your behalf or for itse
- Waiver and Severability: Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Assignment: You may not assign any of your rights under these Terms, and any such attempt will be null and void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
- No Agency Relationship: Nothing in these Terms creates an agency, partnership, or employment relationship between you and Child Friendly Pro Ltd.
- Third-Party Beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20. Contact Information
If you have any questions about these Terms, please contact us at terms@childfriendlypro.com
Thank you for using Child Friendly Pro Ltd. services. We are committed to providing a safe and enjoyable experience for all our users.
