Acceptance of Terms: By accessing or using Digital Childcare (“the Service”), you agree to comply with and be bound by these Terms and
Conditions. If you do not agree with any part of the terms, you may not access the Service.
Use of the Service: Digital Childcare provides a childcare management tool accessible via mobile devices. You agree to use the Service for its intended purposes and abide by all applicable laws and regulations.
User Accounts and Responsibilities:
Intellectual Property Rights:
Limitation of Liability:
Indemnification: You agree to indemnify, defend, and hold harmless Digital Childcare, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the Service or violation of these Terms and Conditions.
Personal Device Security: Digital Childcare shall not be responsible for any leaks of information or data breaches that occur through personal devices used to access the Service, including but not limited to smartphones, tablets, or computers, which are not directly caused by vulnerabilities within the Digital Childcare software itself. Users are responsible for ensuring the security of their personal devices, including implementing appropriate security measures such as antivirus software and secure network connections.
Limitation of Liability and Legal Protection: Users acknowledge and agree that Digital Childcare shall not be held liable for any damages, losses, or legal claims arising from leaks of information or data breaches through personal devices as described in section 19. By using the Service, users waive any right to pursue legal action against Digital Childcare for such incidents and agree to indemnify, defend, and hold harmless Digital Childcare from and against any claims, liabilities, damages, losses, costs, or expenses arising therefrom.
Termination of Service: Digital Childcare reserves the right to suspend or terminate your access to the Service at any time for violation of these Terms and Conditions or for any other reason without prior notice.
Modification of Terms: Digital Childcare reserves the right to modify these Terms and Conditions at any time without prior notice. Users should periodically review the most current version of the Terms posted on the Service.
Dispute Resolution: Any disputes arising between the user and Digital Childcare shall be resolved through arbitration/mediation method conducted, according to the rules of Digital Childcare’s legal team.
Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Canada, specifically in matters related to data protection, online privacy, and digital platforms, including the provisions of the Personal Information
Protection and Electronic Documents Act (PIPEDA) and any other relevant federal or provincial legislation applicable to online services and data management. Any legal disputes shall be resolved in the courts of Ontario, Canada.
Force Majeure: Neither party shall be liable for any failure or delay in performance under these Terms due to any cause beyond its reasonable control, including acts of God, natural disasters, war, etc.
Waiver: The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce it.
Assignment: Users are not permitted to assign their rights and obligations under these Terms without the prior written consent of Digital Childcare.
Survival: The provisions related to intellectual property rights, limitation of liability, indemnification, and any other provisions intended to survive termination shall remain in full force and effect after termination or expiration of the agreement.
Headings: The headings used in these Terms are for convenience only and shall not affect the interpretation of the agreement.
Language: These Terms and Conditions are written in English. Any translations provided are for convenience only, and the English version shall prevail in case of any discrepancies.
Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Digital Childcare regarding the use of the Service and supersede any prior or contemporaneous agreements.
Contact Information: For any questions or concerns regarding our Terms and Conditions of Service and Privacy Policy, please contact us at info@digitalchildcare.com.
By using Digital Childcare, you acknowledge and agree to these Terms and Conditions.