Welcome. The following contract spells out what you can expect from us. This Subscriber Agreement (the "Agreement"), along with the Disclaimer which are incorporated herein by reference, govern the relationship between you (referred to herein as "Subscriber, you, or your") and SecureDaycare Inc., a limited liability company (referred to herein as "Company, we, us, or our”) with respect to the use of Company’s website (SecureDaycare.com) and services.
Description of Services
The Company will provide you with video broadcasts of your child at his or her child care centre via the Internet. In the future, it is Company’s desire to give you and the child care centre the ability to post information on our website and to interact with each other through the use of e-mail, bulletin boards, and/or chat rooms. The Company will provide you with the ability to download any software which may be needed to utilize its service.
You acknowledge that the Company is not an Internet access provider and you will need to obtain your own Internet access provider (e.g., America Online, Rogers @ Home, Bell Sympatico, etc.). Further, you will need to obtain any equipment which may be necessary to connect to the Internet (i.e., a computer, a modem and a telephone line) which meet the specifications set forth at the bottom of the Enrollment Application. Please be aware that our website is not intended to serve as a security system for the childcare centres with which we contract and no video broadcasts are recorded in any form or shape. Accordingly, you acknowledge that the Company shall not be responsible for monitoring the activities of your child at the childcare centre.
Password and Account
(a) We will randomly generate a username ("Username") and password ("Password") once your Enrollment Agreement has been approved. The Username and Password selected will be required to access our website. You may access our website only using your Username and Password. You shall not disclose your Username and Password to any other person or entity and shall make all reasonable efforts to maintain your Username and Password as secret and confidential.
(b) You may require additional license (Username & Password) for use by close relative (e.g. Grandmother & Grandfather) for a small fee.
(c) You are solely responsible for maintaining the confidentiality of your Username and Password, and for all use, whether authorized or unauthorized, of our website under your Username and Password. The Company shall have no obligation or liability with regard thereto.
(d) You must promptly inform the Company if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of Password or credit card number used in connection with the website. Until the Company is properly notified of a breach of security by e-mail notice at CustomerCare@SecureDaycare.com or by telephone at 416-363-2220, you will remain responsible for any unauthorized use of the website occurring under your Username and Password. Liability for unauthorized use of your credit card is subject to your agreement with your credit card company.
(e) You assume and are solely responsible for any and all damages, losses, costs and expenses arising from any use by others of your passwords if you permitted that person to use your Username password. Further, you assume any and all resulting liabilities (whether civil or criminal) relating to such use, including responsibility for any and all services and Content (as defined below) accessed on our website. You agree to defend, indemnify and hold us, our affiliates and any of our or their respective officers, directors, employees or other agents harmless for any such use of our website by a person other than you or your partner.
(f) Logs of all accesses to the website may be kept and reviewed on monthly basis for security.
(g) REMEMBER YOUR PASSWORD! If you forget your Password, the Company may disclose it to you under security procedures determined by the Company, which may result in substantial delays in your ability to access the website.
(h) Ensure that your exit from your account at the end of each session. The Company shall not be responsible or liable for any loss or damage arising from your failure to comply with this requirement.
Please note that employees or representatives of the Company and its affiliated child care centres will never ask you for your Username and Password. Therefore, if you lose your passwords or would like new passwords, notify us immediately so that your password can be canceled and new passwords can be created by you.
Upon your acceptance as a Subscriber, you are hereby granted a limited, exclusive, nontransferable and nonassignable (including by means of a sublicense) license to use our website to view your child at the child care centre he or she is attending via the Internet, as further described in this Agreement. You acknowledge that we may terminate this license at any time and if the Company terminates your license, you will no longer be permitted to use or access our website.
You hereby agree that the information, communications, photos, graphics, and other material and services posted on our website (the "Content") will be used solely for the purpose providing you with the ability to view your child at a selected child care centre. Further, you acknowledge that by enrolling your child at one of our affiliated child care centres, you consent to the transmission of your child’s image via our service.
You understand that we have, at a minimum, an intellectual property right in our process for selection, coordination, arrangement, and enhancement of the Content and you acknowledge that we own a copyright in such Content (other than the images of centre activities). You acknowledge that the Content posted on our website is confidential and proprietary in nature to the respective child care centres and to us and that if such Content is provided or otherwise made available to third parties in violation of this Agreement, we and our affiliated child care centre may incur damages, losses, costs and expenses. Further, you acknowledge that such Content is subject to certain legal rights of others, including but not limited to, the rights of publicity and privacy. As consideration for the use of the Content posted on our website, you agree to indemnify and hold us and our affiliated child care centres harmless if such Content is provided or otherwise made available by you to third parties in violation of this Agreement.
Please be aware that we do not store any of the Content which we provide on the website (e.g., the streaming video is not archived or preserved on any type of medium, including but not limited to, videotape, hard drive or CD-ROM).
In consideration for providing our service to you, you agree to pay us our Basic Fee plus any applicable taxes (the “Fee). You authorize us to charge the Fee to your credit card on a timely basis. Any changes to your billing information shall be promptly provided to us. You understand that any failure to provide such information to us on a timely basis may result in the suspension or termination of your access to our website.
(a) The Company will maintain as confidential all information regarding your credit card used to pay the subscription fee, where applicable, and will not disclose such information to any third party except as may be necessary to validate the card or to implement charges for website services.
(b) You acknowledge and agree that the Company reserves the right to reveal any registration information or other information in its possession regarding Subscribers and Additional Users in cooperation with a request or investigation by any governmental body or governmental agency, or as otherwise required by law.
Representations and Warranties
You represent and warrant to us that you are a natural or adoptive parent or legal guardian of a child (or children) that attends one of our affiliated child care centres. You acknowledge that by providing you with our service, we are not responsible for compliance by our affiliated day centres with applicable laws and regulations relating to the care of the children or for any events that take place at our affiliated child care centres other than those which are a direct result of our gross negligence or intentional wrongdoing.
(a) You agree to indemnify, defend, and hold harmless the Company and its owner(s), employees, licensors, independent contractors, providers, subsidiaries, suppliers, agents, managers, members, officers and employees harmless from any liability, loss, expense, claim or demand, including reasonable lawyer’s fees, related to or arising out of
(I) your use of, or distribution of, Content obtained from our website (including but not limited to, use or distribution of Content or other information provided by third parties),
(II) your connection to our website,
(III) your violation of any agreement with us or our affiliated child care centres,
(IV) your violation of any rights of another,
(V) your posting of material to this website, and
(VI) your transmission of material from our website. You acknowledge that this provision for indemnity is in addition to any other remedy which we or our affiliates may have against you and shall survive the termination of this Agreement.
(b) You agree to cooperate as fully as reasonably required in the defense of any such claims. The Company reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of the Company.
Modification of Agreement
This Agreement may be amended from time to time, in our sole unfettered discretion and without obtaining your approval, provided we give you advance notice of any changes to this Agreement. Any such amendment to this Agreement shall take effect thirty(30) days after the amendment is posted on our website (SecureDaycare.com) or otherwise provided to you. If you do not agree to our amendment to this Agreement, your sole remedy is to terminate this Agreement. You agree to review the terms of this Agreement periodically to be aware of such amendments. Your continued use of our website following the effective date of any amendment to this Agreement shall constitute your acceptance of the new terms to this Agreement.
If you have any questions or need to contact us, we can be reached at 416-363-2220 or send a letter to SecureDaycare Inc., Attn: Customer Care, 211 Yonge Street, Suite 206, Toronto, Ontario, M5B-1M4. If you wish to terminate our service, you must also send an electronic notice to CustomerCare@SecureDaycare.com within the time periods specified below.
Except as otherwise expressly provided in this Agreement, you may not assign any rights or delegate any duties under this Agreement without the prior written consent of the Company. Any attempted assignment or delegation by you without the required consent shall be void. The Company may assign this Agreement to any affiliate or successor in interest at any time without prior notice to or consent from you.
You understand that there may be occasions in which your account may temporarily be suspended without advance notice to you. You agree that you shall not be entitled to any type of refund unless the suspension continues for five (5) consecutive business days.
The terms of this Agreement are effective until terminated by either party. You may terminate this Agreement by
(I) giving Company at least one (1) month’s advance written or electronic (i.e., e-mail) notice at the end of any month and
(II) discontinuing the use of, and destroying all Content obtained from, our website.
The Company may terminate this Agreement, without providing notice to you, if
(I) it receives your Fee late,
(II) you no longer have a child enrolled at a affiliated child care center, or
(III) the Company, in its sole unfettered discretion, believes that it would be in its best interests to terminate your account.
If Company terminates this Agreement, you must immediately destroy all Content obtained from this site and all copies thereof. In the event of termination of this Agreement, you agree and acknowledge that
(I) your passwords will be invalidated,
(II) the Company may delete all information relating to your account, and
(III) your Fee for the remainder of the month, if this Agreement was terminated in the middle of a billing cycle, will not be refunded (but any prepayments with respect to future months will be refunded).
You further agree and acknowledge that Company shall not be liable to you or to any third party for any termination or suspension of services to you.
You agree to purchase a use license from us for $34.95 per month or for a yearly discounted price of $399.00 (the "Basic Fee") which will entitle you and your partner to unlimited usage of our services. You also agree to pay us any applicable taxes which may result from your use of our services. You may purchase an additional user license from us (e.g. UserName & Password) for $5.95 per month. You acknowledge that we reserve the right, at any time, to change our Basic Fee, our Additional user Fee or to add supplemental fees for new services or Content provided on our website, after providing you with at least thirty (30) days notice of a fee change, said notice to be posted on our website. We may also supplement this notice by sending you the changes (i) via regular mail or e-mail to the address provided in your Enrollment Application or (ii) through the use of pop-ups or other mechanisms on our website. Your continued use of our website following the effective date of any changes to our website shall constitute your acceptance of our changes.
You authorize us to charge our Fee (as defined above) to the credit card which you have provided to us on the Enrollment Application on the first business day of each month; however, if you begin our service in the middle of the month, we will only charge you a pro rata portion of our Fee and thereafter we will begin to charge your credit card on the first business day of each month. You agree that we may accumulate any Fees which you may owe us and charge them to your credit card at the beginning of any month, or at any time. You acknowledge that we reserve the right, at any time, to change our billing procedure after posting such changes on our website for a period of thirty (30) days.
Credit Card Payment Process
Credit Card Authorization - The credit card information you supplied is automatically submitted for authorization, once you have submitted your Enrollment Application. This authorization process takes only seconds; once your credit card is authorized, you will be notified by e-mail confirming the successful authorization of your credit card and the completion of your registration process.
Secure Payment Processing - The Company’s secure server software encrypts information to protect your credit card transaction.
Unsuccessful Authorization - If, at the time of any billing, the Company is unsuccessful in its attempts to receive authorization for your credit card, the Company will automatically send you an e-mail informing you of this difficulty. You will be required to contact your credit card processor and/or bank immediately to determine the nature of the problem with your account, and to notify the Company immediately of your updated credit card information. In the interim, the Company will continue to attempt to successfully bill your account, each day, for up to 10 days. If the Company is unable to do so, and has not heard from you by the end of this 10-day period, your subscription will be terminated.
Credit Card Expiration Date – You are responsible for notifying the Company of your credit card’s expiry date. In order to continue your subscription service, without interruption, you must supply the Company with updated credit card information, or a brand new credit card and expiration date prior to the expiration of your credit card. If the Center has not heard from you during this period, your subscription will be terminated.
Credit Card Payments
You acknowledge that your use of our website signifies your authorization for us to charge our Fee to your credit card. You agree that if, for any reason, we are unable to charge our Fee to your credit card, you will, immediately, upon receiving notice from us either by regular mail or by e-mail, pay all amounts due and owing.
Please note that your credit card issuer agreement governs your use of your credit card in connection with our service and you must refer to that agreement in order to determine your rights and liabilities as a credit card holder. This Agreement is not intended to govern your rights and liabilities as a credit card holder.
If we fail to receive our entire Fee by the tenth (10th) day of the month, an additional two percent (2%) charge (or the maximum amount allowed by law, whichever is lower) per month will be added to our Fee and will immediately become due and payable. Further, you shall be liable for any costs and lawyer’s fees associated with our efforts to collect our unpaid Fees. If you choose to terminate your service as provided in this Agreement, you will still be responsible for our unpaid Fees.
Any discrepancies in our charges to your credit card must be brought to our attention, in writing, within ninety (90) days after they first appear on your credit card bill or they will be deemed accepted by you and your credit card issuer. Further, you agree to release us from any losses or liabilities that might arise from any claims by you or your credit card issuer which are a result of any discrepancies in our charges to your credit card which have not been brought within said ninety (90) days.