Terms and Conditions

TERMS OF SERVICE

 

Last updated: March 24, 2020

 

HELLO AND WELCOME!

 

We’re excited that you’re here, but please do take the time to carefully read our Terms of Use and our Privacy Policy before you start browsing our Website or register for any Local Programs.

 

  1. ABOUT THE MOMMY CONNECTIONS HEADQUARTERS & CHAPTER LICENSEES

 

Hi there! We are Mommy Connections Inc. (“MCHQ”, Mommy Connections, “we”, “us” or “our”). We are the creators of signature in-person programs tailored for moms together with their children and moms-to-be (“MC Programs”) and the provider of the Mommy Connections website at http://www.mommyconnections.com (the “Website”), amongst other things.

 

The MC Programs are delivered to local customers via local chapters all across Canada (“Local Chapters”). Each Local Chapter is independently owned and operated by a licensee who has entered into a licensing arrangement with MCHQ (“Chapter Licensee”). While MCHQ has oversight of the structure of all MC Programs, it is the Chapter Licensee who is responsible for planning, offering and administering their version of the MC Programs within their Local Chapter (“Local Programs”).

 

When it comes to the portions of the Website that pertain to a Local Chapter (“Local Site”), MCHQ acts only as a technology platform that enables the Chapter Licensee to display information about their Local Programs, and collect registration information and payment from local customers who wish to register for their Local Programs, collect email addresses from individuals who wish to subscribe to the Local Chapter’s newsletter, amongst other things specific to their Local Chapter.

 

  1. ABOUT THE TERMS

 

Application of the Terms.

These terms of service (“Terms”) govern your access to and use of the Website and registration for Local Programs. The Website includes all the Local Sites as well as content relating to the MC Programs, Local Programs, information for potential Chapter Licensees, information for potential sponsors (“Sponsors”), newsletters, blogs, etc. Please do take some time to read these Terms carefully, and please do not hesitate to contact us if you have any questions. Our Terms also include our Privacy Policy, which can be found here https://mommyconnections.ca/privacy-policy, and are incorporated into the Terms by reference.

 

Modifying & Reviewing the Terms.

Any new content or features which are added to the current Website, including new Local Sites for new Local Chapters shall also be subject to the Terms of Service. We reserve the right to update and change the Terms of Service by posting updates and changes to our website. You are advised to check the Terms of Service of Service from time from time to time for any changes that may impact you, and if you do not accept such amendments, you must cease using the Website.

 

  1. WHO IS CONSIDERED A USER?

 

Types of Users.

As a user, you are either a: (i) a registrant of a Local Program with an Account (“Account Registrant”); (ii) a registrant of a Local Program without an account (“Non-Account Registrant”); or (iii) anyone else who simply wants to find out more about the Mommy Connections, including how to become a potential Chapter Licensee or Sponsor. All of the foregoing shall be referred to collectively as “Users.” Account Registrants and Non-Account Registrants shall collectively be referred to as “Registrants.”

 

Who can be a User.

You can be a User if you are over 18 years old, if you can legally form a binding contract with us and only if you agree to comply with these Terms and all applicable laws.

 

  1. LOCAL PROGRAM REGISTRANTS

 

Are you thinking of registering for a Local Program? If so, please read this section very carefully.

 

Local Program Availability. You acknowledge that Local Programs, workshops or events displayed as available at one Local Chapter may not be available at other Local Chapters.

 

Pricing. Chapter Licensees reserve the right to adjust pricing at any time. The prices displayed as available on the Website are quoted in Canadian Dollars. You acknowledge that each Chapter Licensee has some discretion in how pricing for their Local Programs are set, and as such pricing for Local Programs may differ across Local Chapters.

 

Registering for a Local Program

To enroll in a Local Program, use the Website to the Local Chapter closest to you. When you have selected a Local Chapter, please select the Local Program you would like to register for and you will be directed to the Local Chapter’s online registration form (“Registration Form”). When you are completing the Registration Form, you agree to provide accurate information for yourself, including but not limited to your name, e-mail address, physical mailing address, phone number, etc.

 

In terms of payment, you will be offered two methods of payment: (i) E-Transfer, and (ii) PayPal (through which credit card payments can also be made). If you select E-Transfer option, you will receive instructions on how to make your payment after your Registration Form has been submitted. If you select PayPal option, you will be directed to the PayPal website to make your payment. Once your payment is complete, you will receive an email confirming that you have been successfully registered for a Local Program.

 

Account Registrants.

An optional account (“Account”) can only be created when you register for a Local Program. When you are completing the Registration Form, you will be asked if you would like to create an Account. If you do decide to create an Account, you agree to ensure that your information is always up-to-date. You also agree that you will:

  • Always use a valid email address;
  • Keep your password safe;
  • Accept all risks of unauthorized access to your Account information or any other information you provide to us;
  • Be responsible for all activity linked to your Account;
  • Not share your Account with anyone else.

 

Missed Classes. All Registrants acknowledge that there are no refunds or make-up classes for any missed classes.

 

Transfers. All Registrants acknowledge that their registration in a Local Program is not transferrable to someone else. This means that you may not transfer your spot to another participant at any time for the duration of the Local Program.

 

Cancellations. All cancellations in Local Programs shall be pursuant to the following cancellation policy:

 

Program Type Timing of Cancellation Policy
Weekly Programs

 

More than 7 days prior to Local Program start-date You will receive a refund for the Local Program, less a $30 administration fee.
7 days or less than 7 days prior to a Local Program start-date (but before it has begun)

 

No refunds are available. However, the amount paid for the Local Program may be used as a credit towards a future Local Program (provided that another Local Program is actually offered) within six months of your initial registration date. You acknowledge that neither MCHQ or the Chapter Licensee has any obligation to offer any future Local Programs and that if no Local Programs are offered within six months of your initial registration date, you shall forever forfeit your credits.
Once a Local Program has already started No refunds or credits are available.
One-Day Workshops & Events More than 24 hours before the workshop/event start time No refunds are available. However, the amount paid for the Local Program may be used as a credit towards a future Local Program (provided that another Local Program is actually offered) within six months of your initial registration date. You acknowledge that neither MCHQ or the Chapter Licensee has any obligation to offer any future Local Programs and that if no Local Programs are offered within six months of your initial registration date, you shall forever forfeit your credits.
24 hours or less than 24 hours prior to the workshop/event start time

 

No refunds or credits are available.

 

Credits. Any credits that you may have are also non-transferrable and can only be used by you. Credits that may be received in connection with a certain Local Chapter can only be used for Local Programs offered by that same Local Chapter and only if the Chapter Licensee has remained the same. For clarity, credits from one Local Chapter cannot be used for Local Programs offered by another Local Chapter. And if there is a new Chapter Licensee running the Local Chapter, your credit becomes null and void.

 

Photography Release. All Registrants grant to MCHQ and the Chapter Licensees the irrevocable, unconditional and unrestricted right to use, license, edit and publish images of the Registrant and their child (for whom Registrant is legal guardian) for editorial, commercial, portfolio or promotional purposes in any manner or medium whatsoever in each such image in each and every case without compensation of any kind required to be paid by Registrant or their child.

 

Independently owned and operated. All Local chapter are independently owned and operated by Chapter Licensees. MCHQ is not responsible for any issues that you may have with respect to the Chapter Licensee with respect to their offering and administration of their Local Programs. Subject to the discretion of the Chapter Licensee, you may be required to enter into a separate contract between you and the Chapter Licensee or the speakers/guests that the Chapter Licensee may bring in for the Local Program.

 

Speakers/Guests. As part of the Local Programs, Chapter Licensees will invite local speakers or guests (“Program Guest”) to lead certain sessions of the Local Program. While the Program Guests are considered to be best-in-class and experts in their area, you acknowledge that we do not endorse any of the Program Guests and neither MCHQ or the Chapter Licensees shall have any responsibility or liability for the actions of the Program Guests or any information that they may provide. You also acknowledge that the Chapter Licensee does not make any promises as to who the Program Guests might be, the information that they provide and that Program Guests may change or be rescheduled from time to time.

 

Sponsor Items. Any sponsor items that you may receive during a Local Program as part of a “swag bag,” is offered to you as a convenience. You are not obligated to receive or use sponsor items if you do not want to. You acknowledge that neither MCHQ or the Chapter Licensees endorse any of the sponsors providing the sponsor items, and neither MCHQ or the Chapter Licensees shall be responsible or liable for any issues that you may have with the sponsor items.

 

Local Program Activities. You agree and understand that you are not obligated to perform or participate in any activity that you do not wish to, and that it is your right to refuse participation at any time during the Local Program. You understand that if you feel any physical or mental discomfort that you must stop the activity and inform the Chapter Licensee, their representative or the Program Guest who may be present during the Local Program.

 

Disclaimer. You expressly agree that neither MCHQ or the Chapter Licensees are liable or responsible for any bodily or personal injuries that may result in your participation of a Local Program. You expressly discharge MCHQ, the Chapter Licensees, its owners, directors, officers, employees, agents, representatives or assigns from all claims, actions, judgements and the like which you, your children or your spouse, heirs, executors, administrators or assigns ever had or may have or claim to have as a result of any personal injury, bodily injury (including, but not limited to heart attacks, strokes, muscle strains, broken bones, etc.) which may occur in connection with your participation in the Local Programs, notwithstanding that such damage, loss or injury may have been caused by the negligence or conduct of the Chapter Licensees, their representatives, Program Guests, other Registrants, MCHQ, etc.

 

Satisfaction with Local Program. You acknowledge that each Local Program, its Program Guests its Registrants, its location or Venue and its format may change from time to time. You acknowledge that both MCHQ or a Chapter Licensee do not guarantee that you will be subjectively satisfied with the Local Program, its Program Guests, its Venue, its Registrants and format.

 

Venues. The Local Programs take place at a location owned or leased by a third party (“Venue”). While the Chapter Licensee shall use best efforts to ensure that the Venue is suitable for the Local Programs, each Chapter Licensee and MCHQ disclaims all liability and responsibility for any loss or damages that may occur at the Venue.

 

Personal Property. Both MCHQ and the Chapter Licensees disclaim liability for any personal property and equipment (strollers, purses, diaper bags, bottles, etc.) of the Registrants brought into the Venue where the Local Program is taking place. Any such property brought into the Venue shall be at the sole risk of the Registrant. Registrants acknowledge that any sort of storage that may be provided is provided purely as a convenience to the Registrant, and should the Registrant choose to use such storage, they do so at their own risk.

 

Uncontrollable Circumstances. If, for any reason beyond the control of the Chapter Licensee, including but not limited to, strike, labour dispute, accident, act of war, act of God, fire, flood, earthquake or severe weather conditions or other emergency conditions, the Chapter Licensee is unable to deliver portions of or the whole Local Program, there shall be no further liability of any nature, upon either rescheduling (such rescheduling to be no earlier or later than 4 weeks prior to or after the original intended dates of the Local Program if the Local Program is a weekly program) or upon refund (or a pro-rated refund as the case may be) of registration fees. In no event shall MCHQ or the Chapter Licensees be liable for indirect or consequential damages of any nature for any reason whatsoever.

 

Inclusive Environment. You acknowledge that Local Programs are intended to be inclusive environments with respect to each Registrant’s parenting techniques, beliefs, race, religion, mental or physical disability or sexual orientation. You agree to be respectful, civil and cordial to all other Registrants, and acknowledge that the Chapter Licensee reserves the right to remove you from the Local Program (without any right to a refund) should your actions not be inclusive or respectful.

 

Medical Clearance. You confirm that you have discussed the Local Program (which may include physical activity) with your physician and your child’s physician and have obtained their approvals for your and your child’s participation in the Local Program for the duration of the entire program. If you do not choose to consult your or your child’s physician prior to registering for a Local Program or do not follow the advice of your or your child’s physician, you do so at your own risk and against the recommendation of MCHQ and the Chapter Licensees.

 

Health Claims. You may come across certain health claims regarding use of certain products, lifestyle practices or parenting practices throughout the course of the Local Program or via content on the Website. You agree to consult a physician for advice and input with respect to such health claims prior utilizing such products or employing such practices.

 

Further Information. You agree that you have been given the opportunity to ask questions about a Local Program and understand all the terms and conditions that related to your registration and participating in such Local Program.

 

Medical Emergencies. In the case of an accident, sudden illness or other medical emergency sustained by you or your child, you consent to receive medical treatment from a duly licensed physician, dentist or emergency medical service personnel.

 

Local Program Registration List. A Chapter Licensee may choose to share your name and contact information with other Registrations of the same Local Program (via a group email, group chat, or similar) for the purpose of connecting all Registrants with each other and establishing a community feel. If you do not wish for your contact information to be shared in this manner, please let the Chapter Licensee know as soon as possible.

 

  1. POTENTIAL LICENSEES

 

Are you interested in becoming a Chapter Licensee for a new Local Chapter?

 

If you are interested in becoming one of our Chapter Licensees, please complete the online Chapter Licensee application form at https://mommyconnections.ca/licenses (“Licensee Application Form”). If you fill out our Licensee Application Form, or send us an email, we do not guarantee that we will receive the information you submitted in your contact form or your email, and even if we do, we do not promise that we will respond to you (though, we will try our very best to within 48 hours).

 

We reserve the right to refuse a potential Chapter Licensee for any reason. Decisions regarding your application are in our sole and absolute discretion. If you have any questions or require more information on becoming a Chapter Licensee, please contact karen@mommyconnections.ca.

 

  1. POTENTIAL SPONSORS

 

If you are interested in becoming one of our Sponsors, here’s what you need to do.

 

If you are interested in becoming one of our Sponsors, please complete the online Sponsor application form at https://mommyconnections.ca/patner-with-us (“Sponsor Application Form”). If you fill out our Sponsor Application Form, or send us an email, we do not guarantee that we will receive the information you submitted in your contact form or your email, and even if we do, we do not promise that we will respond to you (though, we will try our very best to within 48 hours).

 

We reserve the right to refuse a potential Sponsor for any reason. Decisions regarding your application are in our sole and absolute discretion. If you have any questions or require more information on becoming a Sponsor, please contact karen@mommyconnections.ca.

 

  1. PROHIBITED CONDUCT

 

There are things you cannot do while using our Website or participating in a Local Program. If you use our Website or become a Registrant, you must promise not to do really bad things that will harm us, your Local Chapter, other Registrants or the public.

 

Unacceptable Behaviour

You must not do anything:

  • In a way prohibited by law, regulation, governmental order or decree;
  • To violate the rights of others;
  • In a way that could harm the Website, a Local Program or impair anyone’s use of the Website or attendance at such Local Program;
  • In a way that the Website is not intended to be used;
  • To reverse engineer, decompile or disassemble the Website;
  • In a way that will cause nuisance, annoyance, disruption or inconvenience to Mommy Connections, Chapter Licensees and their representatives, Local Chapters, other Registrants or Program Guests;
  • That involves accessing the Website using access points or wireless data accounts (AP) which you are not authorized to use;
  • That involves accessing the Website using unauthorized operating systems on your web or mobile device, including but not limited to jailbroken phones;
  • To attempt to probe, scan or test the vulnerability of any the Website server or network or breach any security or authentication measures.
  • Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another User’s account or signing up for more than one account;
  • Share your Account passwords with any third party or encourage any other user to do so;
  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Website;
  • Misrepresent the source, identity, or content of information transmitted via the Website, including deleting the copyright or other proprietary rights or notices from any portion of the Website;
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website;
  • Attempt to gain unauthorized access to or impair any aspect of the Website or its related systems or networks or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
  • Make unsolicited offers, advertisements, proposals, or send junk mail or “spam“ to other Registrants, Mommy Connections or Chapter Licensees;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, any features that prevent or restrict use or copying of any content accessible through the Website, or any features that enforce limitations on the use of the Website or the content therein;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Local Program;
  • Modify the Website in any manner or form, nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website;
  • Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website;
  • Use the Website or register for a Local Program for or in connection with any purpose that is unlawful or prohibited by these Terms.

 

Abusing the Website

If, in Mommy Connections’ sole opinion, you abuse the Website or any Local Program or any of its privileges, or if you fail to follow any of these Terms, or make misrepresentations to Mommy Connections or Chapter Licensees, Mommy Connections or Chapter Licensees may, in its sole discretion, suspend or block your access to the Website or Local Programs, with or without notification.

 

In the event that Mommy Connections has a reasonable belief that you are using the Website or Local Program to commit fraud, crimes or abuse the Website or Local Program, Mommy Connections reserves the right to suspend or block your access to the Website and Local Program, and Mommy Connections reserves the right to take appropriate administrative and/or legal action.

 

  1. NEWSLETTERS, CONTENT, PROMOTIONS AND CONTESTS

 

Ultimately, we cannot be responsible for the information or content provided on the Website.

 

Newsletter

Users can subscribe for the MCHQ newsletter or Local Chapter Newsletters (collectively, the “Newsletters”) via the Website. Our Newsletter contains information and content about Mommy Connections, such as but not limited to information about the MC Programs, content from Sponsors, and informational articles. Newsletter subscribers are subject to our Privacy Policy. We and Chapter Licensees make no express or implied warranties with regard to the information, material, products, or services that are contained in our Newsletter.

 

Website Content

Any information or content contained on the Website should be used entirely at your own risk. Neither MCHQ or any of our Chapter Licensees shall bear any responsibility and shall not be liability to you for any errors or omissions found in the content or information on our website.

 

When you are using a Local Site to, amongst other things, access content specific to a Local Chapter (“Local Content”), or register for a Local Program, you acknowledge MCHQ has no liability or responsibility of such Local Content.

 

Third Party Websites

Our Website may contain links to the websites of other people (“Third-Party Sites”). These Third Party Sites are not under our control and we are not responsible for these sites. We provide these links and Third Party Sites to you only as a convenience, and we may or may not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. Advertisements and other information provided by Third Party Sites may not be accurate or complete. You acknowledge sole responsibility for, and assume all risk arising from your use of any such Third Party Sites. Also, you should remember that your use of any Third Party Site is governed by that site’s own terms of service and privacy policy.

 

Contests and Promotions

Sometimes third party products and/or services are offered in connection with contests and promotional offers made available on our Website. We are not responsible for the products and services provided by such third parties and use of such products and services is at your own risk. Contests shall be subject to separate contest rules which will be made available in conjunction with and at the time of the contest.

 

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website are solely between you and such third party. You agree that Mommy Connections will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such content or third parties on the Website.

 

  1. THIRD PARTY SERVICE PROVIDERS

 

Subject to Terms of Core Providers.

You acknowledge that the Website relies on best-in-class third-party service providers (“Core Providers”), to provide you with some core aspects of the Website, including but not limited to the hosting of the web applications, data storage, web forms and processing, payment processing, etc. (“Core Aspects”). Such Core Aspects are subject to the terms, conditions and privacy policies of those Core Providers. In short, we cannot promise you more than what our Core Providers have promised us. Currently, our Core Providers include (but are not limited to):

 

Resolving Issues with Core Providers.

We will use commercially reasonable efforts to ensure that we are able to provide all aspects of the Website at all times, including the Core Aspects, but you must acknowledge that the Core Aspects are not within our direct control. We will also use best efforts to resolve any issues with our Core Providers, but ultimately, you acknowledge that we are not responsible for and we do not warrant the availability, suitability, quality, timeliness or condition of the Core Aspects, and that you accept the Website on an as-is basis.

 

Jurisdiction of Core Providers.

Due to the nature of our Core Providers on which we rely, any information or data transmitted through the Website may be transmitted through or stored in jurisdictions other than the jurisdiction in which you reside, over which we have no direct control, and which may have local legislation that applies.

 

Liability Disclaimer.

You hereby release us from all liability arising from any acts or omissions of our Core Providers and the data that is transmitted through or stored by them.

 

  1. DISCLAIMER

 

We’ll try our very best, but we make no promises.

 

No Warranties

What you see is what you get! Nothing more. The Website and Local Programs are provided to you on an “as-is” and “as-available” basis without any warranties (i.e. guarantees) of any kind, either express or implied. We do not promise (and in fact, expressly deny) all representations and warranties of merchantability, suitability for a particular purpose, title, quiet enjoyment or non-infringement.

 

Use Website at Your Own Risk

Your access to and use of the Website and Local Programs is at your own risk. Mommy Connections  will not be responsible for any harm to your computing system, yourself your child, or any other third party.

 

Content and Functionality of Website

We also do not promise that our Website and its content are accurate, complete, up-to-date or functioning, and we don’t assume any liability or responsibility to you or any minor for whom you are legal guardian for, for any errors, mistakes or inaccuracies on our Website, or the fact that the Website doesn’t work or is broken. We also don’t promise that your use of the Website will generate any particular result for you. If any applicable authority holds any portion of this section to be unenforceable, then Mommy Connections’ liability and responsibility will be limited to the extent permitted by law.

 

  1. LIMITATION OF LIABILITY

 

Basically, we are not responsible if something bad happens to you because you used our Website or participate in a Local Program!

 

In no event will we, our respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, Chapter Licensees and each of its Representatives, be liable in any manner whatsoever for any damages of any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out of:

  • Your access, use or inability to use the Website;
  • Your participation in any Local Programs;
  • Your use of any content on the Website or Newsletters;
  • Late, lost, delayed, damaged, misdirected or otherwise, electronic correspondence or communications;
  • Any condition caused by events beyond our control that may cause the Website to be disrupted or Local Programs to be cancelled or rescheduled;
  • Any printing, human, typographical or other errors or ambiguities in or involving any online or printed materials associated with the Website, Newsletter or Local Programs;
  • Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including damages that result from inaccuracy of the information, inconvenience, delay, or loss of the use of the Website);
  • Personal injury or property damage, of any nature whatsoever resulting from your use of the Website or participation in a Local Program;
  • Any unauthorized access to or use of our secure servers and/or any and all information stored therein;
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; and
  • The cost of procurement of substitute goods and services resulting from your use of the Website or participation in Local Programs;
  • Statements, services or conduct of Mommy Connections, its Representatives or its Chapter Licensees or any third party;
  • Any and all losses, damages, rights, claims and action of any kind in connection with or resulting from your use of the Website or attendance at any Local Programs.
  • The conduct of you or any Minor for whom you are legal guardian for resulting from using the Website or participation in Local Programs.

 

In no event shall MCHQ’s or our Chapter Licensees’ total liability to you, for any and all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us or to a Chapter Licensee, if any, in the past year. If any portion of this Limitation of Liability is found to be invalid, our liability shall be limited to the extent permitted by applicable law.

 

  1. INDEMNIFICATION

 

If MCHQ or our Chapter Licensees get sued by someone else because of something you did while using our Website or attending a Local Program, you must promise to take responsibility and have our back, and cover us financially.

 

You agree to defend, indemnify, and to hold harmless Mommy Connections, agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, Chapter Licensees and each of its Representatives (collectively, the “Indemnities”), from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and legal fees on account thereof) arising, resulting from or relating to:

  • Your access, use or inability to use the Website or participation in Local Programs;
  • An allegation that you violated any of these Terms.

 

Your agreement to defend, to indemnify, and to hold the Indemnitees harmless applies whether a claim against the relevant party arises out of contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Website or your participation in a Local Program caused damage to you or any third party.

 

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You also agree to cooperate with our defense of these claims. Any settlements of matters or disputes must not be carried out without the prior written consent of Mommy Connections. We will use reasonable efforts to notify you of any such claim, action, or proceeding if and when we are aware of it.

 

  1. COMMUNICATIONS

 

If we have your information, we may contact you with very important things, as long as we are complying with our Privacy Policy.

 

Notice Methods.

We may provide notices to you in the following ways:

  • By email to the email address as specified in your account settings;
  • By posting a notice on our Website in an area suitable for notices. It is your responsibility to review our Website for notices;
  • By calling the telephone number specified in your account settings or Local Program Registrant information; and
  • By mail to the address specified in your account settings or Local Program Registration information.
  • By sending you an SMS text message.

 

Content of Notices.

We may send you email information regarding issues such as your account status, Local Program registration, system messages, mandatory updates, notices related to privacy or security, etc. (“Administrative Messages”).

 

For all other messages and information, other than Administrative Messages, you will only receive these messages if you expressly opt-in to consent (or where an exemption for implied consent due to an existing business relationship applies) to receive these other types of information from us. In addition, at any point in time after you opt-in, you will have the opportunity to opt-out of receiving such messages.

 

  1. TERMINATION

 

Termination occurs when you either stop using the Website, your Local Program has ended, you are no a Newsletter subscriber or Mommy Connections notifies you of such Termination. All Terms will survive (i.e. still apply after) termination.

 

  1. APPLICABLE LAW & DISPUTE RESOLUTION

 

This section talks about how we will resolve certain legal arguments between us.

 

Governing Law

The Website is controlled by Mommy Connections and operated by it from its offices in Toronto, Ontario. You and Mommy Connections both benefit from establishing a predictable legal environment in regard to the Website. Therefore, you and Mommy Connections explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. For matters relating to a Local Chapter, you agree to be governed by the laws of the province of that Local Chapter.

 

Method of Conflict Resolution

Except where prohibited by law, any claim or dispute (whether in contract or tort, pursuant to statute or regulation or otherwise, and whether pre-existing, present or future) arising out of or relating to: (i) these Terms; (ii) the Website; (iii) Local Programs; (iv) oral or written statements, advertisements or promotions relating to these Terms or the Website; or (v) the relationships that result from these Terms or the Website (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate. If we have a Claim against you, we will give you notice to arbitrate at your email address in the contact form. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

 

If Arbitration is Prohibited

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario if MCHQ is involved or the city of the Local Chapter if the Local Chapter or Chapter Licensee is involved. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

 

Waiver of Future Class Action

You are giving up your right to sue us in a class action. (FYI, a class action is when a group of people get together to sue someone). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Mommy Connections related to any Claim, and where applicable, you also agree to opt out of any class proceedings against Mommy Connections.

 

  1. FEEDBACK

 

Feedback includes, without limitation, bug reporting, feedback, ideas or suggestions relating to the Website, MC Programs or Local Programs, new or improved features, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotion. We have no obligation to review any Feedback nor do we have any obligation to keep any Feedback confidential. If you do send us any Feedback, we will automatically own such Feedback without restriction, and we will not acknowledge or compensate you. If you wish to preserve any interest you might have in your Feedback, you should not send them to us.

 

  1. GENERAL

 

Electronic Contracting.

Your affirmative act of accepting our Terms constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

 

Amendment.

No amendments, modifications or waivers to these Terms shall be valid unless in writing and signed by all Parties.

 

Assignment.

You may not assign or transfer any of your rights without prior written consent of Mommy Connections. Mommy Connections may assign any or all of its rights hereunder to any party without your consent.

 

Severability.

If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Terms will still be considered valid and enforceable.

 

Force majeure.

We shall not be liable for any delay or failure in performance of our obligations to you by reason of occurrence or contingency beyond our reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements or action or other events that are beyond our reasonable control.

 

Entire Agreement.

These Terms, and the Privacy Policy, and any other terms expressly incorporated herein, represents the entire Agreement between you and us, and overrules any previous communications, understandings, etc.

 

Terms in English Language

The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms including notices, have been and shall be drawn up in the English language only.

 

Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

 

Questions and Comments.

If you have any questions regarding these Terms or your use of the Website, the MC Program or the Local Programs, please contact us at karen@mommyconnections.ca.

Give your inbox a dose of delight.

Sign up to receive helpful parenting info, program updates, contests, and special offers - right in your inbox.

WE ARE HONOURED TO BE TRUSTED BY: