TERMS OF USE
By using the www.kiid.ca website and the Kiid mobile application, (collectively, the “Platform”) and its related transactional pages, products and services (collectively, the “Services”), you accept these Terms of Use and Confidentiality Policy, which are subject to change without notice. Furthermore, you agree to consult Kiid’s Terms of Use, Terms of Service and Privacy Policy from time to time and acknowledge that your continuing use of the Platform means that you have accepted any changes that may have been made. These Terms of Use are a translation of the official French version. In case of inconsistencies, the official French version shall prevail over the English version.

For the purposes hereof, the terms “Kiid”, “we,” “us,” and “our” mean 9368-5899 Québec Inc. (doing business under the name “Kiid Babysitting Services”), a company located at 1, Place Ville Marie, suite 3900 Montréal (Québec) H3B 4M7 Canada.

In Kiid’s Terms of Use, Terms of Service and Privacy Policy, the term “children” refers to the children or dependents of the Platform’s users and the term “babysitter” refers to third parties offering babysitting services via the Platform.

Disclaimer of Warranty

We make every effort to ensure that the information on the Platform is reliable when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free from error or omission, or that it is up-to-date at all times. We cannot guarantee that the Platform will be accessible at all times, without interruption, or that it will be free from errors. We shall not be held responsible for any damages that may result from the inaccessibility of the Platform, or from any difficulties that you may experience while accessing or using the Platform, including: an interruption of service; a network failure; the malfunction of any equipment, computer hardware or software; or any faulty, incomplete, incomprehensible or deleted transmission, whether or not such difficulties have been brought to our attention. In general and without limiting the specific cases of limitation of liability mentioned above, and notwithstanding any provisions to the contrary, we shall not be held responsible for any damages that may result from or relate to the Platform and/or its contents.

Termination of the Platform and/or Services

We reserve the right to suspend, and/or terminate, at any time, without warning, full or partial access to: the Platform, including your account and any of the Transactional Pages and any of our pages accessible through certain social media Web sites, as well as our Services. We additionally reserve the right to discontinue uploading information to such sites, in which case we shall not be held responsible for any damages that you may incur. All information on this Web site is subject to change without prior notice.

Hyperlinks

The Platform contains hyperlinks that may direct you to the websites of our other service providers or third parties (including internet payment services such as “StripeTM”). The fact that the Platform offers links to other websites does not mean that we endorse or approve the content of these websites or the products, services or publications that may appear thereon. The content available through these hyperlinks is not subject to our policies. Therefore, we shall not be held responsible for any damages that you may incur when you are redirected to another website by way of a hyperlink.

Your use of the Platform

The Platform and Services are made available to you and provided exclusively for your personal and non-commercial use. You cannot use the Platform in a manner that competes with Kiid’s activities.

You are prohibited from and agree not to submit to the Platform any information that is inappropriate, obscene, or fraudulent. You are prohibited from and agree not to engage in any activity related to the use of the Platform that constitutes a criminal offence, unlawful action or violation of the Terms of Use, the Terms of Service and the Privacy Policy.

Kiid will automatically and without notice suspend your access to the Platform if Kiid has reasonable grounds to believe that your use of the Platform constitutes or is related to any criminal activity, unlawful act, violation of the Terms of Use, the Terms of Service or the Privacy Policy, or attempt to do the foregoing. Kiid also reserves the right to transmit automatically and without notice any information that Kiid deems relevant (including personal information) to the appropriate authorities to prevent or stop any criminal or unlawful act, especially if the health and/or well-being of the Platform’s users and children are at risk.

You must not use on the Platform any form of destructive software such as viruses, worms, Trojan horses, time bombs, cancelbots or other harmful components, files, programs or computer codes designed to interrupt, destroy or limit the functioning of the Platform. You may not attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform by password extraction or other means; interfere with or disrupt networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks; and use, download or otherwise copy, or provide to a person or entity, the user directory or other user information, or data on the use or any portion thereof for purposes other than those used for the Platform.

To use the Platform, you must register and create a personal user account. You must be at least 16 years old to register and create an account. You will need to submit to Kiid personal information such as your name, address, phone number and age as well as register a valid credit card. Your account information must be accurate, complete and up-to-date at all times. Otherwise, your access to your account may be suspended or terminated automatically and without notice.

You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for activities that occur under your account. If you become aware of any unauthorized activity, whether criminal or illegal, you agree to notify Kiid immediately at the following e-mail address: info@kiid.com or by phone at (514) 819-1514.

Indemnification

You agree to indemnify and hold us harmless from all damages and causes of action arising from any of your actions or omissions related to your use of the Platform in violation of the present Terms of Use, the Terms of Service and the Privacy Policy or applicable laws. We assume no responsibility or liability that may arise from any act or omission, unlawful content, transmission or upload of a user.

Disclaimer Clause

You acknowledge that you are using the Platform and that you rely on it at your own risk. To the extent permitted by law, we offer no warranty of any kind with respect to the Platform, all provided “AS IS”. THE PARTIES EXPRESSLY EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICES RENDERED, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS THOSE ARISING OUT OF APPLICABLE LAW OR OTHERWISE UNDER THE MARKET OR NORMAL COURSE OF BUSINESS. WE DO NOT WARRANT THAT THE PLATFORM WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTION OR BE FREE FROM ERROR.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT KIID IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT OR PUNITIVE DAMAGES OR OTHER TYPES OF DAMAGES (INCLUDING IN PARTICULAR, PROPERTY DAMAGE, LOSS OF INFORMATION, PROGRAMS OR DATA, ECONOMIC LOSSES) ARISING FROM THE USE OF THE PLATFORM, ANY CONTENT PROVIDED, A THIRD PARTY WEBSITE, OR THAT ARISES FROM ANY ACTS OR OMISSIONS OF A USER, THE INABILITY TO USE OR ACCESS THE PLATFORM, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH LOSS, OR THAT SUCH DAMAGE OR SUCH LOSS IS REASONABLY FORESEEABLE.

YOU ACKNOWLEDGE AND AGREE THAT KIID DOES NOT PROVIDE BABYSITTING SERVICES DIRECTLY, BUT RATHER ACTS AS AN INTERMEDIARY BETWEEN THE USERS OF THE PLATFORM AND THIRD PARTY BABYSITTERS. YOU ACKNOWLEDGE THAT KIID DOES NOT ACT AS A BABYSITTER. THE BABYSITTING SERVICES THAT YOU BENEFIT FROM BY USING THE PLATFORMARE PERFORMED BY INDEPENDENT THIRD PARTIES WHO ARE NOT EMPLOYEES OR REPRESENTATIVES OR AGENTS OF KIID.

In all cases, you acknowledge that Kiid’s total and aggregate liability for such damages is limited to $100 Canadian.

IT Security

We comply with the applicable law governing the protection of personal information. In addition, the Service Provider uses encryption techniques to protect the confidentiality of the information exchanged between you and the Service Provider within Transactional Pages. The Service Provider also protects information exchanged when the Platform is accessed through a non-secure platform or in a public location, which could endanger the security of your personal information. However, we shall not be held responsible for any damages that you may incur as a result of your access to the Platform under such circumstances.

E-mail or telephone communications (including SMS) are neither secure nor confidential. They can be lost or intercepted, in much the same way as communications by other means (for example, by post). No electronic system is completely secure or error-free. We shall not be held responsible for any damages that you may incur from using our Platform or from any exchange of e-mail or electronic messages (including SMS), whether originating from you or from us.

You alone are responsible for ensuring the protection and safekeeping of your data when using your computer platforms and devices.

Trademarks and Intellectual Property

All web content (including text, illustrations, graphics, images, photographs, audio and video clips, software and codes available on the Platform (collectively, the “Content“), including the manner in which the Content is presented, is protected by Canadian and foreign laws, notably under copyright law, and belongs to Kiid. You are prohibited from: i) using, reproducing, modifying, adapting, translating, downloading or transmitting the Content, in whole or in part, or otherwise permit access; ii) modifying, removing or covering any trademark or property notice included in or on the Content or the Platform; and iii) decompiling, disassembling, decrypting, extracting the Platform or performing reverse engineering on the Platform or their components, including, but not limited to, software, or assist anyone in doing the foregoing.

Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Platform may be trademarks belonging to the members of Kiid, the Service Provider or used with the consent of third party owners. You agree not to remove, edit or otherwise alter trademarks, service marks, logos and other proprietary information contained on the Platform. Trademarks and the information contained on the Platform, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.

Social Media Platforms

Certain pages of the Platform may be accessible through the following social media platforms: Facebook, Twitter, YouTube and LinkedIn. Before consulting or using our Platform through these social media platforms, you must read and comply with their respective terms of use and privacy policy.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute is to be submitted to a Quebec court of competent jurisdiction in the district of Montreal, Province of Quebec.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Kiid regarding your use of the Platform, Services and any other subject matter herein, and they replace any previous agreement, representation, warranty or understanding, whether verbal or written, express or implied, in this regard. If any portion of these Terms of Use is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms of Use shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of these Terms of Use.

Enurement

These Terms of Use are binding upon and shall enure to the benefit of both parties and their respective heirs, agents, legal representatives, assignees, successors (including any successor resulting from a merger or other statutory arrangement) and permitted assigns.

Assignment

You shall not assign or transfer your rights or obligations hereunder or otherwise without our prior written consent, which consent shall be at our sole discretion.

Mobile Application

By installing the Kiid mobile application Platform and its Services, you consent to the activation of the Kiid mobile application Platform by 9368 5899 Québec Inc. (doing business under the name “Kiid Babysitting Services”), a company located at 1, Place Ville Marie, suite 3900 Montréal (Québec) H3B 4M7 Canada, and to all future updates and upgrades. You can withdraw your consent at any time by uninstalling the Kiid mobile application Platform from your device. To request assistance, please contact Kiid at info@kiid.ca.

You acknowledge and understand that the Kiid mobile application Platform (including any updates or upgrades) will i) cause your device to automatically communicate with our servers to deliver our Services’ functionality (as described where you downloaded the mobile application, such as iTunes and Google Play, ii) affect app-related preferences or data stored in your device, and iii) collect personal information as set out in our Privacy Policy. Your telecommunications services provider may impose data charges when you use the Kiid mobile application Platform and our Services or for data charges for the updating or upgrading of the Kiid mobile application Platform and our Services if you have not restricted updates and upgrades to wifi connections.