Welcome to KinderSteps. These Terms and Conditions are a binding contract between you and the Early Learning Corporation (“KinderSteps”). Your access and use of the KinderSteps website at https://mykindersteps.com/ (the “Website”), web application and mobile application (the “Applications”), and/or tools, included but not limited to web applications, formatters, validators, encoders & decoders, converters, cryptography and security tools, string escapers and utilities, data generators and other web resources available on the Website (the “Tools”), constitute your acceptance of these Terms and Conditions in their entirety. If you do not agree with any of these Terms and Conditions, or the documents they refer to, you may not access or view the Website, nor utilize the Applications or its Tools in any manner whatsoever.
You represent and warrant that you are an individual of legal age to form a binding contract.
If you’re agreeing to these Terms and Conditions on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms and Conditions on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity)
Your usage of the KinderSteps Website, Applications, and Tools is at your own risk, and KinderSteps will not be liable for any damage you suffer as a result of such use. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to KinderSteps at any time.
You will need a KinderSteps account and password to access all Applications and Tools. You may create your own KinderSteps Account via our Applications. Your KinderSteps account gives you access to content and functionality that we may establish, maintain, change, remove, or terminate from time to time and in our sole discretion.
You must protect the security of your account and your password. You acknowledge that you are responsible for the activities that happen on or through your KinderSteps Account. You may never use another user’s account without permission. When creating your KinderSteps account, you must provide accurate and complete information.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your KinderSteps Account or passwords. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your KinderSteps Account and password; (3) promptly inform us if you believe your KinderSteps Account or password has been compromised or if there is any other reason you need to deactivate a password. You will notify us immediately via e-mail of any known or suspected unauthorized use of your KinderSteps Account by contacting us at [email protected].
By selecting a product or service from the Website or Applications, where applicable, you agree to pay KinderSteps the one-time admission fee and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications).
This Website, the Applications, and the Tools are provided “AS IS”, without any representations or warranties, express or implied.
Without prejudice to the generality of the foregoing paragraph, KinderSteps does not warrant that:
- This Website or any Applications or Tools contained therewith will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
Our Website, Applications and Tools are for informational purposes only and are not meant to provide any guaranteed results. KinderSteps does not provide any medical advice through its Website, Applications or Tools, and any information provided through the Website, Applications or Tools is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Use your best judgment and common sense, and exercise a healthy skepticism when using the Website, Applications and Tools. If you have any suspicion of a developmental delay or any other health issue with your child, you should consult a physician or appropriate professional immediately.
Any information regarding your child’s progression, development or ability to perform the exercises or activities provided by our Website, Applications and/or Tools is meant to be suggestive in nature as it is impossible to determine every child’s proper developmental progression and each child develops in a different manner and pace.
You are solely responsible for determining your child’s developmental progress and the suitability of any suggested activities for your child. You are solely responsible for making sure that your child is physically and mentally safe and that you and your child use child-safe toys and materials at all times, including but not limited to during our suggested activities or exercises.
Never perform any activity or exercise that you believe your child might not be developmentally ready to do. If you have any doubt about your child’s developmental ability to perform any activity or exercise, ask a healthcare professional before performing it. We strongly urge you to consult a medical doctor or appropriate healthcare provider before using any information obtained in our Website, Applications and/or Tools, especially if your child has a special medical condition.
Avoid using materials or toys that may present a choking hazard and always monitor your child closely when using toys as many items can ultimately present a choking hazard.
Activities or exercises with your child should always be performed by a competent adult in a safe environment to prevent injuries. Care should be exercised to reduce the risk of injury if the child falls down or does not perform the activity or exercise in the expected or intended fashion.
You are solely responsible for determining if your child requires treatment from a certified health professional. If at any time during the performance of any activity or exercise suggested in our Website, Applications or Tools, your child experiences any fatigue, increased or irregular heartbeat, pain, distress, crying, uncomfortableness, unwillingness or hesitation to perform, vomiting, vertigo, fainting, rash, limited range of motion, tenderness, swelling, pain, unusual sweating, or any other negative or detrimental response, stop immediately and consult a medical doctor. Do not resume performance of any of our suggested activities or exercises until obtaining prior approval from your child’s medical doctor. Never disregard professional medical advice or delay in seeking it for any reason.
To the maximum extent permitted by applicable law, in no event shall KinderSteps, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members or any other affiliated companies, entities or persons be liable to you (whether under the law of contact, the law of torts, negligence or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website, any Applications and/or Tools:
- For any direct loss;
- For any indirect, special or consequential loss;
- For any punitive, incidental, punitive, exemplary or similar damages; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Under no circumstances will KinderSteps, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members or any other affiliated companies, entities or persons be responsible:
- For any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our Website, Applications or Tools or your KinderSteps Account or the information contained therein;
- For any errors, mistakes, omissions or inaccuracies;
- For any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website, Applications, Tools or any information, materials, goods and services provided by our affiliates, licensors, users or other third parties;
- For any unauthorized access to or use of servers we use and/or any and all personal information stored therein;
- For any interruption or cessation of transmission to or from the servers we use;
- For bugs, viruses, Trojan horses, spyware or the like that may be transmitted to or through the servers we use by any third party;
- For loss or damage incurred as a result of the use of our Website, Applications, Tools, content or any information, materials, goods and services provided by our affiliates, licensors, users or other third parties; and/or
- For User Submissions, as defined hereinbelow or the defamatory, offensive, or illegal conduct of any third party.
In no event shall KinderSteps, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members or any other affiliated companies, entities or persons be liable to you for any claims in an amount exceeding the amount you paid to KinderSteps hereunder or USD$100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been expressly advised of the possibility of such damage or loss. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms and Conditions give you specific legal rights, and you may also have other rights, which vary based on the applicable jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
This Website, the Applications, and the Tools may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Website, Applications and/or Tools, shall be the exclusive ownership of KinderSteps.
You may use the content of this Website and the Applications only for the purpose of using the Tools as provided and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without KinderSteps’ prior written permission. All rights not expressly granted herein are hereby reserved by KinderSteps.
Any unauthorized use of the materials appearing on this site may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.
This Website, the Applications and Tools contain functions that allow you to create, upload, store or submit content (“User Submission”). You retain ownership of any intellectual property rights that you hold in such User Submissions When you create, upload, submit, store content to or through the Website, Applications and Tools, you agree to give KinderSteps a royalty-free, perpetual, sublicensable, irrevocable and worldwide license to use, host, store, reproduce, modify, translate and otherwise act with respect to such User Submissions to enable KinderSteps to operate and improve its services.
Any and all User Submissions you make via this Website, the Applications and Tools must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following User Submission Standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions;
- Not violate or try to violate the security features of this Website, the Applications and/or Tools;
- Not be likely to deceive any person;
- Not promote any illegal activity, or advocate, promote or assist any unlawful act;
- Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
- Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
A violation of any of the foregoing is grounds for termination of your right to use or access KinderSteps’ services.
You agree to defend, indemnify and hold harmless KinderSteps, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members, and any other affiliated companies, entities or persons, from and against any and all claims, actions, suits, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (collectively “Claims”) arising out of or relating to: your use of and access to our Website, Applications or Tools, including any data, content or material provided or received by you; your violation of any term of these Terms and Conditions, including without limitation your breach of any representations and warranties herein; your violation of any third-party right, including without limitation any right of privacy or Intellectual Property; your violation of any applicable law, rule or regulation; any Claim that arises as a result of any of your information or any that is submitted via your KinderSteps Account; any other party’s access and use of our Website, Applications or Tools with your unique username, password or other appropriate security code.
You accept that KinderSteps has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against KinderSteps’ officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms and Conditions will protect KinderSteps’ officers, employees, agents, affiliates, subsidiaries, successors, sponsors, assigns and sub-contractors as well as KinderSteps.
KinderSteps shall not be responsible, directly or indirectly, for any third-party ads, information or contests hosted on any of its Website, Applications or Tools. KinderSteps has not reviewed all of the sites linked to the Website, Applications and/or Tools and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by KinderSteps of the site. Use of any such linked website is at your own risk. Before you act on information you have found on or through any of our Website, Applications or Tools, confirm any facts that are important to your decision.
KinderSteps may be compensated by companies mentioned through advertising, affiliate programs or otherwise on the Website, Applications and/or Tools, without any extra cost to you. Any references to third party products, rates or websites are subject to change without notice. Please do the appropriate research before participating in any third party offers. We encourage you to exercise a healthy skepticism and good judgment.
Failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.
If any provision of these Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms and Conditions.
KinderSteps reserves the right to change these Terms and Conditions. In case of change, KinderSteps will use its best effort to bring it to your attention by placing a notice on this Website, by sending you an email, and/or by other means, but you are responsible for knowing what the current Terms and Conditions are.
You will no longer be able to use the Website, Applications or Tools if you do not agree with the new Terms and Conditions. Your continued use of the Website, Applications and/or Tools in any way after a change to the Terms and Conditions is effective means you agree to the change.
These Terms shall be governed and construed in accordance with the laws of Quebec, Canada, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms and Conditions shall be finally settled in accordance with the rules of the Canadian Arbitration Association (“CAA Rules”) by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in Montreal, Canada in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms and Conditions shall be entitled to costs and attorneys’ fees.
You may contact us via email at [email protected].