KiddyPass Terms of Use

Introduction

The following are the terms of use under which you may access and use the information and services available through the KiddyPass mobile application and KiddyPass website (the “Service”). By using or receiving any Service and downloading, installing or using any associated software supplied by KiddyPass to enable you to use the Service (collectively, the “Software”), you are deemed to have expressly acknowledged and agreed to be bound by the terms and conditions set out below, and any future amendments and additions effective immediately upon posting the modified agreement on the website or through the Service.

1. Definitions

1. “Provider” or “Providers” means a person or entity accessing the KiddyPass mobile application to post an advertisement or utilizing the Services for any reason related to the purpose of seeking users for children’s classes.
2. “Design” includes the colour combinations and the page layout of the KiddyPass website and mobile application.
3. “Graphics” includes all logos, button icons, and other graphical elements on the KiddyPass website and mobile application.
4. “KiddyPass Services” means any services provided by KiddyPass including posting and searching for children’s classes.
5. “KiddyPass Website” means any website under KiddyPass control including:

1. http://www.kiddypass.com

6. “User” refers to any individual or entity that uses any aspect of “KiddyPass Services”.
7. “You” or “you” refers to the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms.
8. “Posts” refers to children classes information posted on KiddyPass Services by Providers related to the purposes of promoting classes to the users.

2. Information for personal non-commercial use

1. You agree that information contained on KiddyPass Services is for personal use only and may not be sold, redistributed or used for any commercial purposes (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence).
2. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from KiddyPass Services including code and software. You must not use KiddyPass Services for any purpose that is unlawful or prohibited by these terms of use.
3. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on KiddyPass Services for establishing, maintaining, advancing or reproducing information contained on the Service on your own website or application except with our prior written consent.

3. Information does not represent professional advice

1. You acknowledge and agree that information published by KiddyPass is intended to provide general information in summary form on legal and other issues.
2. KiddyPass does not endorse or recommend any of the children classes advertised on its Services and KiddyPass strongly recommends that prior to entering into any agreement with any of the Advertisers, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Services or on the Internet generally.
3. In no event will KiddyPass be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained or omitted from the Services.

4. No guarantees of class vacancy

1. KiddyPass gives no guarantee to you of the continued availability of any particular children class advertised on the Services and will not be liable to you should an advertiser have filled the classes at any time prior to removal of the advertisement from the Services.
2. Whilst KiddyPass takes efforts to ensure that children classes advertised are for actual class vacancies, it gives no guarantee to you that every children classes advertisement represents an actual class vacancy.

5. No guarantees as to the service

1. KiddyPass will use reasonable endeavours to ensure that the Services are available for access by users at all times. Notwithstanding this, KiddyPass may be required to undertake maintenance and upkeep of the Services from time to time. KiddyPass will endeavour limit any ‘downtime’. KiddyPass provides no warranty to you that services generally available will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use the Services.
2. You also understand that KiddyPass cannot and does not guarantee or warrant to you that files available for downloading will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for the reconstruction of any lost data.

6. Our rights to use information you send us

1. KiddyPass welcomes ideas and feedback from you about all aspects of the Services. You agree that KiddyPass may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Services (such as bulletin boards, forums and newsgroups) or by email to KiddyPass.

7. No guarantees as to security of your information

1. While KiddyPass takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on KiddyPass’s systems. KiddyPass disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

8. No misrepresentations allowed

1. You agree that it is a condition on your use of the KiddyPass Services that you will not through any act or omission mislead or deceive others.

9. General provisions

1. If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
2. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

10. Intellectual Property Rights

1. KiddyPass retains all intellectual property rights subsisting in any of the goods and services provided to you by KiddyPass.

11. Limitation of Liability and Disclaimer

1. KiddyPass provides no warranty to you that services generally available through our Services will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Services.
2. Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
3. KiddyPass accepts no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on our Services. KiddyPass agrees to use reasonable efforts to publish advertisements in the shortest possible time.
4. KiddyPass acts as a medium through which individuals seek employment opportunities. KiddyPass does not vet, nor is it responsible for vetting users or to any information and representations made by any parties whether oral or in writing.

12. Changes to the Site

1. KiddyPass reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from KiddyPass.

13. Your Obligations

1. You warrant and agree that:

1. You have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
2. You will not use the Services for any illegal purpose; and
3. You will not use the Services or any features of the Services to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene invasive of another's privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to KiddyPass, the Service users or persons generally.

2. You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without KiddyPass’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause. 
3. You indemnify and will keep indemnified KiddyPass, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by KiddyPass in connection with:

1. any breach of these Terms by you;
2. any negligent act or omission by you;
3. the listing or proposed listing of any advertisement by you on the Services or any related site; or
4. an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of your posting appearing on the Services.

4. You agree at all times to deal with any information or products provided by KiddyPass or accessed from the Services in a manner which abides by all applicable laws of the relevant country, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
5. Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Services including code and software.
6. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to KiddyPass without KiddyPass's prior written approval. 

14. General Terms

1. KiddyPass reserves the right to terminate your agreement with KiddyPass, if your posts are in breach of any of these Terms. Further, KiddyPass reserves the right to, in its absolute discretion, reject or remove any posts from the Services for any reason.