TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions of Service govern your use of all Embolden Private Dayhome Community Inc. (“Embolden”) websites, social media pages and associated domains.
IF YOU ACCESS ANY OF THE WEBSITES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF SERVICE IN THEIR ENTIRETY.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF SERVICE, YOU CANNOT USE THIS WEBSITE OR THE SERVICES HEREIN.
This is a Terms and Conditions of Service agreement, as amended from time to time, (the “Terms of Service”) between you and Embolden. Embolden is Alberta’s first membership community for private dayhomes, offering resources and support to private dayhome providers and providing parents with a verified private childcare directory (collectively, the “Services”). Providers and parents can access such Services with membership subscriptions (“Membership”) placed through the Embolden website, https://emboldenpdc.com or associated domains (hereinafter, the “Website”).
2. Use of the Website
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by the Terms of Service (as it then reads), and you represent and warrant that you have the legal authority to agree to and accept the Terms of Service on behalf of yourself and any person you purport to represent. If you do not agree with each provision of the Terms of Service, or you are not authorized to agree to and accept the Terms of Service on behalf of the person you purport to represent, you may not access or use the Website.
3. Changes to the Terms of Service
Embolden may amend the Terms of Service for any reason. Therefore, you agree to review the Terms of Service from time to time. Your continued use of the Website or Services after the date that any changes take effect shall be deemed as acceptance of any changes to the Terms of Service. If you object to any such changes, you agree that your sole recourse is to stop using the Website and/or Services.
4. Access to Services for Providers
To use the Services as a member of the Embolden community, providers must meet Embolden’s minimum requirements which include, but are not limited to, providing Embolden with valid and up-to-date: insurance, business license, first-aid certification and criminal record check, in accordance with municipal and provincial legislation (collectively, the “Supporting Documents”).
When you request to join Embolden, you will select a membership plan (the “Membership Plan”) and the Membership Plan will remain in effect until you cancel or modify the Membership Plan in accordance with the terms of Membership Plan and the Terms of Service. To pay for the Membership Plan, you will provide Embolden with your credit card information and agree to update Embolden if the particulars associated with your credit card change.
You agree to pay Embolden the amounts specified in the Membership Plan in accordance with the terms of the Membership Plan and the Terms of Service. Embolden may change the prices of its Membership Plans, provided that it gives 30 days’ notice (the “Notice Period”) of any price change to you by email. By continuing your Membership with Embolden after the Notice Period, you agree to pay the changed price. If you do not accept the changes and cancel your Membership within the Notice Period, you will receive a pro-rated refund based on the time remaining in your Membership Plan.
Additionally, Embolden and/or its licensors, reserve the right, in its unfettered discretion, to change, suspend, remove, or disable access to the Website or the Membership Plan options then in effect at any time without notice. In no event will Embolden be liable for the removal of or disabling of access to the Website. You agree that Embolen shall not be liable for any loss or damage caused whatsoever, directly or indirectly, by any such termination and/or suspension.
Your Membership rights will terminate automatically without any notice from Embolden in the event that you fail to comply with any of the terms Membership Plan and the Terms of Service. Upon termination of your Membership, you shall cease all use of the Website. These Terms of Service shall survive such termination.
6. Upgrading and Downgrading
You can upgrade or downgrade your Membership Plan, as the case may be, at any time. Upon upgrading your Membership Plan, your billing period will change immediately, and you will be billed the new fee in accordance with your new Membership Plan. You will also receive immediate access to all Services exclusive to your new Membership Plan. Downgrading your Membership Plan does not entitle you to a refund for the time remaining on your previous Membership Plan. Upon downgrading, your billing period will change immediately, and you will be billed the new fee in accordance with your new Membership Plan. You will also lose access to any Services exclusive to your previous Membership Plan.
7. Cancellation of Membership Plan
You may cancel your Membership Plan at any time; however, no refunds will be given. Upon cancellation, you will continue to have access to your Membership Plan until the end of your Membership Plan’s billing period. No refunds will be given for late cancellations.
8. Protect Your Account Credentials
Certain areas and features of the Website are only accessible to members who have registered a user account and password (the “Members”). You are responsible for maintaining the confidentiality of your user account and password and for restricting access to your user account. Your account is for your personal use only and your membership is non-transferable. Allowing others to access or use the Services of the Website through your account is strictly prohibited. You must notify Embolden immediately if there is any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or disclosure of your password. You are solely responsible for any and all activities which are made under your user account.
Embolden may, in its sole discretion, at any time require proof of the identity and/or Supporting Documents of any person seeking to access and use the Website or Services, and may deny access to the Website or parts of it or refuse to accept or act upon any request to join the Membership if it is not satisfied with such proof.
For the purposes of accessing the Website, your user account and password remain Embolden’s property and may be cancelled or suspended at any time by Embolden in its discretion without any notice or liability to you or any other person.
DO NOT SHARE YOUR ACCOUNT CREDENTIALS.
9. Membership Badge
As a Dayhome provider, you will be provided with a Membership Badge each year certifying your Membership with Embolden. Membership Badges may be displayed on the dayhomes’ property including, but not limited to, front doors, social media sites, websites and handbooks. The Membership Badges are only valid as long as you are a paying Member. You must immediately cease to display the Membership Badge in any fashion if you, for any reason, cease to be a paying Member of the Embolden community, commit a default under these Terms of Service, or have not had your Supporting Documents verified by Embolden.
10. Intellectual Property Ownership
The Website is made available to you for your lawful and personal use only. You may use the Website only in the manner described expressly in the Terms of Service and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
All title, ownership rights and intellectual property rights whatsoever, in and to the Website (including, without limitation, all content, page headers, custom graphics, icons, video, software, designs, applications, themes, objects, characters, character names, stories, text, dialog, catchphrases, locations, concepts, artwork, animation, sounds, musical compositions, music, audio-visual effects, images, photographs and other elements available on or through the Website) are owned or used with permission by Embolden.
The Website is protected by the copyright laws of Canada, by international copyright treaties, and by conventions and other laws. You acknowledge that Embolden owns all rights in and to the Website, including, but not limited to, worldwide statutory and common law rights associated with (a) works of authorship, including copyrights, copyright applications, copyright registrations and “moral rights”; (b) trademarks; and (c) divisions, continuations, renewals, derivative works, and re-issuances of any of the foregoing, now existing or acquired in the future.
Your use of the Website does not transfer to you any ownership or other rights in the Website or its content, whether by estoppel, implication, waiver, or otherwise. Except as expressly permitted by copyright laws and the Website, its content may not be redistributed in any way, in whole or in part, without Embolden’s express prior written consent. For greater certainty, and without limitation, any resale or commercial use of the Website contents is strictly prohibited.
11. Permitted and Prohibited Conduct
You are permitted to download the content available on the Website including, without limitation, tutorials, courses, workshops, videos, eBooks, files and user forum content (collectively, the “Content”). Your Membership gives you a revocable, non-exclusive right to use the Content for personal purposes. Content may be used, copied, modified and manipulated for personal and business uses. You must not redistribute Content.
12. Third Party Content
EMBOLDEN WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION.
Software may be made available for you to download from the Website or through other websites and internet resources. Your downloading and use of the software is governed by the applicable transaction agreement and the software licence agreement specific to the software and may be protected by copyright. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and software licence agreement.
15. Access Fees
You must provide at your own expense the equipment, internet connection, devices, service plans necessary to access and use the Website. Embolden does not guarantee that the Website can be accessed and used on all devices and wireless service plans, nor does it guarantee that the Website is available in all geographic locations. When you use the Website, your wireless service provider may subject you to fees for data and/or wireless access. You acknowledge and agree that you are solely responsible for any costs you may incur to access the Website.
16. No Warranty
You expressly acknowledge and agree that use of the Website is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable laws, the Website and any Services performed or provided by the Website are provided “as is” and “as available”, with all faults and without warranty of any kind, and Embolden hereby disclaims all warranties and conditions with respect to the Website and any Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
Embolden does not warrant against interference with your enjoyment of the Website, that the functions contained in, or Services performed or provided by, the Website will meet your requirements, that the operation of the Website or Services will be uninterrupted or error-free, or that defects in the Website or Services will be corrected. No oral or written information or advice given by Embolden or its authorized representative shall create a warranty.
17. Limitation of Liability
You agree to release and hold harmless Embolden and its subsidiaries, affiliates, divisions, partners, licensors, representatives, agents, successors and assigns, and each of their employees, officers and directors (collectively, the “Released Parties”) from the following:
- any and all liability, loss, harm, damage, injury, cost or expense whatsoever, or any incidental, special, indirect or consequential damages whatsoever or arising anywhere, which may occur, in whole or in part, directly or indirectly, in connection with your use of the Website and your or, as the case may be, your child’s use of the Services; and
2. for any claims or causes of action based on publicity rights, defamation, invasion or breach of privacy, as well as for any damages for loss of profits, lost or stolen data or personal information, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Website howsoever caused (collectively, “Damages”).
The Released Parties assume no responsibility for any injury, death, damage or Damages which affect you, regardless of how caused, relating to or resulting from your use of the Services including, without limitation, implementation of procedures and techniques as demonstrated in the Content, the information posted about you in the directory listings and downloading materials or software in connection with the Website. You acknowledge that Embolden has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to the Website or any component thereof.
The information provided to you on the Website is for informational purposes only and is not intended to provide specific advice or recommendations. You agree not to post or submit any information, post, link or material of any kind which fall into any of the following categories:
- Anything defamatory, abusive, infringing, obscene, misleading, erroneous, unlawful or which otherwise violates the legal rights (including the privacy) of others;
- Anything that contains unsolicited advertising, promotional materials, or other forms of solicitation to other users, entities or individuals;
- Anything that falsifies the origin or source of any information;
You (the “Indemnifier”) agree to fully indemnify, defend and hold Embolden, its licensors, partners, affiliates, contractors, agents, and their respective officers, directors and employees harmless against claims in respect of any damages, losses, harm, injuries (including emotional distress), deaths, expenses and costs, including all costs to commence or defend legal proceedings on a full indemnity basis, whether arising directly or indirectly from your acts or omissions in using the Website pursuant to the Terms of Service.
20. Dispute Resolution
Embolden is confident that most of your concerns can be resolved quickly and to your satisfaction by contacting Embolden’s customer support at [email protected].
In the event that Embolden cannot resolve a concern, dispute or any other disagreement in connection with the Website (each, a “Dispute”) to your satisfaction, then you and Embolden agree to be bound by the following procedure to resolve any and all disputes:
Except where prohibited by law, before initiating any formal dispute resolution proceedings to address a Dispute, you agree to negotiate with Embolden in good faith on an individual basis;
a. If you and Embolden are unable to reach an agreement in regards to a Dispute, then you irrevocably agree to submit the Dispute to be resolved by binding arbitration, on an individual basis, and by a single arbitrator, which process shall be deemed to be a submission to arbitration within the provisions of the Arbitration Act (Alberta);
b. The parties may mutually agree to appoint the sole arbitrator or, failing this, either party may make an application to the Court to appoint a single arbitrator to hear a Dispute;
c.The arbitration shall take place in Edmonton, Alberta, under the rules of the ADR Institute of Canada, and the award capable of being enforced in any Court of competent jurisdiction;
d. All administrative costs of any arbitration shall be solely borne by the unsuccessful party following the conclusion of arbitration. Each party shall be responsible for paying its own attorneys’ fees, expert fees and expenses. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages or injunctive relief, and shall only award the aggrieved party the actual damages sustained; and
e. There shall be no authority for any claims to be arbitrated on a class or representative basis. Arbitration can decide only the Website user’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
21.Violation of Terms of Service
Should you violate these Terms of Service or any other right of Embolden’s, Embolden reserves the right to pursue any and all legal and equitable remedies against you and Embolden reserves the right to ban you, in whole or part, temporarily or permanently, from any access to or use of the Website including, but not limited to, denying you access to the Website and/or cancelling your subscription or prohibiting you from utilizing any Service offered through the Website.
If you are aware of any violations of these Terms of Service, please report them to: [email protected].
22. Governing Law
The laws of the Province Alberta and Canada, where applicable, govern the Terms of Service and your use of the Website. Your use of the Website may be also be subject to other local, provincial, national, or international laws.
For any questions, please do not hesitate to contact Embolden at [email protected] for customer support and [email protected] for directory related queries.