The following Terms of Service constitute a legally binding agreement made between you, the Parent/Guardian (Buyer) or Child Care Provider, as applicable, and LiiT Care Connect, concerning your access to our website and our services and the terms and conditions on which such access and services will be provided. Please read these Terms of Service closely as they affect your rights, obligations, remedies and legal recourse.
The primary service provided by LiiT Care Connect is connecting Parents/Guardians (Buyers) seeking Childcare with Child Care Providers within the Province of Alberta using the LiiT Care Connect online platform. Child Care Providers are encouraged to register with LiiT Care Connect and publish, on the LiiT Care Connect platform, a description of their relevant experience, qualifications and credentials, and Parents/Guardians (Buyers) who have registered are granted access to the platform to browse for a Child Care Provider that suits their needs. LiiT Care Connect provides the platform for Parents/Guardians (Buyers) and Child Care Providers to connect with one another but does not provide any form of Childcare directly. Childcare is provided for Parents/Guardians (Buyers) exclusively by Child Care Providers. LiiT Care Connect may from time to time provide certain services or product offerings that are complementary to the Service and, in such an event, this Agreement shall define the terms and conditions upon which the additional services or product offerings are supplied.
Parents/Guardians (Buyers) and Child Care Providers hereby agree and acknowledge as follows:
You understand that certain occurrences such as unexpected system maintenances and server failures may temporarily interrupt access to the Service. In such cases, you understand that the causes may be beyond our control. We cannot and do not guarantee that the Service will always be available. You also understand that the Services may depend on electronic messaging, such as email or text messaging, and no method of delivery over an electronic communication channel is 100% reliable. We cannot and do not guarantee that every electronic message will be received by the intended recipient. If you are having any issues with the Service, please contact info@LiiTcare.com
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
When used in these Terms of Service, the following definitions shall apply:
By agreeing to these Terms of Service, you represent and warrant to LiiT Care Connect that you are either an individual that is at least the age of majority in the Province of Alberta, or that you are a duly incorporated and valid and subsisting corporation or other legal entity able to enter into and become bound by these Terms of Service. In the case of Parents/Guardians (Buyers), you represent and warrant to LiiT Care Connect and to the applicable Child Care Providers, that you are the legal guardian of and otherwise have the legal right to place the minor children into Childcare with the applicable Child Care Providers. In the case of Child Care Providers, you represent and warrant that you are offering Childcare services on the LiiT Care Connect platform for use
LiiTCare Connect may, in some instances, and in our sole discretion, recommend or provide for direct sale via our website, a curated selection of products with a focus on children’s products, which products, if ordered, may either be fulfilled by LiiT Care Connect or by a third party provider. You hereby agree and acknowledge that LiiT Care Connect makes no representations or warranties whatsoever with respect to product that may be available on the LiiT Care Connect website, and disclaims all implied warranties (by statute and otherwise) on products that may be purchased on or through the LiiT Care Connect website, including warranties with respect to merchantability or fitness for a particular purpose. Warranties, if any, will be limited to warranties that are available directly from the product manufacturer, regardless of whether LiiT Care Connect is fulfilling the product order or a third-party provider is fulfilling the product order. Unless otherwise specified you will be responsible for all shipping costs associated with products purchased on or through the LiiT Care Connect website and LiiT Care Connect shall not be responsible for any delays in shipping, damage to products while in transit or product shortages. In the event you purchase products from a third party provider you agree to be bound by the terms and conditions applicable to the order with that third party, but in the event such terms and conditions conflict with this Agreement, this Agreement shall prevail. Refund policies, if any, will be determined on a seller-by-seller basis.
You may not use the products purchased from our website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). LiiT Care Connect reserves the right to make a user’s access to the website subject to further restrictions that LiiT Care Connect may determine from time to time. A breach or violation of any of the Terms of Service may result in an immediate termination of your Services or Account with LiiT Care Connect.
To access our Service and other features of the LiiT Care Connect website, you must first establish a user Account with LiiT Care Connect by providing certain requested information, including but not limited to identification, name, address, date of birth, email address, phone numbers, etc., and in the case of Child Care Providers, certain clearance checks. You agree that you will pay the monthly and/or annual subscription fees associated with an Account as set by LiiT Care Connect from time to time and not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for us to correspond with you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
As set out in the Acknowledgement portion of these Terms and Conditions, LiiT Care Connect cannot and will not verify the identity, credentials, trustworthiness or qualifications of each Child Care Provider and each Parent/Guardian (Buyer), however, notwithstanding such non-verification, LiiT Care Connect reserves the right (but is under no obligation) to at any time require Members to provide documents, information and authorizations to verify and substantiate information on the said Member’s Account or advertised on a Child Care Providers description of services, qualifications, etc., including but not limited to requiring identification cards, proof of insurance, criminal record checks, certificates, permits, licences and the like.
Child Care Providers with an Account will be permitted to create a page on the LiiT Care Connect website that will be viewable by other Members. A Child Care Provider’s page shall set out the Childcare services that they offer with a description of applicable rates and applicable limitations, including scheduling limitations, capacity limitations and training limitations. The Child Care Provider shall be responsible for keeping their page on the LiiT Care Connect site current and accurate in all respects.
The Child Care Provider and the Parent/Guardian (Buyer) will contract directly for the provision of Childcare and, subject always to this Agreement, the Child Care Provider and the Parent/Guardian (Buyer) will agree on terms satisfactory to the parties, acknowledging that a legally binding agreement will be commenced between the parties by a successful booking on the LiiT Care Connect site. Both Child Care Providers and Parent/Guardians (Buyers) agree that they will exclusively use the LiiT Care Connect platform to communicate with one another, and acknowledge that the LiiT Care Connect platform may be monitored for the communication of contact information (emails, phone numbers, etc.) between Child Care Providers and Parent/Guardians (Buyers). To the extent that Child Care Providers and Parent/Guardians (Buyers) were introduced to one another via the LiiT Care Connect platform and are providing/receiving Childcare services to/from one another, the Child Care Providers and Parent/Guardians (Buyers) shall be jointly and severally liable to LiiT Care Connect for the fees and commissions that would otherwise have been payable to LiiT Care Connect if the LiiT Care Connect platform had been used to carry out the subject transactions.
To the extent of any inconsistency between the terms found in this Agreement and the terms agreed to between the Child Care Provider and the Parent/Guardian (Buyer), the terms of this Agreement shall govern. Nothing in this Agreement or otherwise shall operate to create an employment relationship between Child Care Providers and LiiT Care Connect. Child Care Providers and Parents/Guardians (Buyers) are exclusively responsible for communicating any and all medical conditions, foods allergies, behavioral patterns and the like which may requirement specific accommodation to ensure the safety of children, Child Care Providers and staff, if any. Child Care Providers shall not advertise on their page for any services other than Childcare (content shall always remain subject to the unfettered discretion of LiiT Care Connect), and Child Care Providers hereby represent and warrant to LiiT Care Connect and to Parents/Guardians (Buyers) that the content, images, and services offered shall be true, complete and accurate and shall not infringe on the proprietary or intellectual property rights of any other person.
The content on our website and the trademarks, service marks and logos contained therein are owned by or licenced to LiiT Care Connect and are subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions. LiiT Care Connect content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All LiiT Care Connect graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks or common law trademarks of LiiT Care Connect in Canada and/or other countries. LiiT Care Connect trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part without the prior written permission of the LiiT Care Connect.
LiiT Care Connect content on our website may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licenced, or otherwise exploited for any other purposes whatsoever without the prior written consent of LiiT Care Connect. Provided that you are eligible to use the website, you are granted a limited licence to access and use the website and the LiiT Care Connect content and to download or print a copy of any portion of the LiiT Care Connect content to which you have properly gained access solely for your personal use. LiiT Care Connect reserves all rights not expressly granted to you in and to the website and with respect to LiiT Care Connect content and trademarks.
Members agree that by posting information on the LiiT Care Connect website, whether on the page of a Child Care Provider, or otherwise, they are granting to LiiT Care Connect a royalty free, irrevocable, worldwide, sub-licensable and perpetual licence to the posted information such that LiiT Care Connect may use, store, copy, publish, distribute or modify the information in the sole discretion of LiiT Care Connect, including by making the information available to other Members and using the information in promotional advertisements and the like. If Members suspect that any content on the LiiT Care Connect website may be infringing on the intellectual property of any other person LiiT Care Connect encourages Members to report the suspected infringements directly to email@example.com.
LiiT Care Connect grants to all Members a non-exclusive, personal, non-transferable, revocable, limited licence to access and use the Service including the licenced content of other Members and content owned by LiiT Care Connect, but only in accordance with these Terms and for personal purposes only. Users’ binding obligations under these Terms are in consideration of our grant of licence to use the Service. The Service includes all notes, documents, updates, text, images, html, data, databases, email messages, advertisements and other content, resources, materials, know-how and services or resources produced, published, displayed, distributed or provided by us in, on or through the Service and all software and other technology hosted or used by us to provide the Service.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
We are not responsible if information made available on the LiiT Care Connect site is not accurate, complete or current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
LiiT Care Connect bills you through an online billing account for the agreed upon monthly subscription amounts, together with any commission-based service fees for successfully connecting Child Care Providers and Parents/Guardians (Buyers). Members agree to pay LiiT Care Connect all charges at the prices then in effect for the products and/or services you or other persons using your billing account may utilize plus applicable taxes, and you authorize LiiT Care Connect to charge your chosen payment provider for any such billings. Child Care Providers agree and acknowledge that, subject to normal processing delays, LiiT Care Connect will dispense funds (less applicable fees) to Child Care Providers within a reasonable period of time after the related Childcare services are provided. Subject always to the reasonable discretion of LiiT Care Connect, LiiT Care Connect will aim to pay Child Care Providers at least bi-weekly. If you have ordered a product and/or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service by contacting LiiT Care Connect directly. LiiT Care Connect reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Members acknowledge that LiiT Care Connect may contract with a third-party service provider for the processing of payments and Members hereby agree to at all times comply with the terms and conditions of such service providers.
Child Care Providers are solely responsible for any sales, personal or corporate taxes payable as a result of providing Childcare services to Parents/Guardians (Buyers). LiiT Care Connect will not, unless required by an applicable taxing authority or otherwise required in the discretion of LiiT Care Connect, withhold any taxes from the payments submitted to Child Care Providers or remit any taxes to applicable taxing authorities on behalf of Child Care Providers.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not guarantee any minimum level of books if you are a Child Care Provider and do not guarantee any minimum number of Child Care Providers in your area if you are a Parent/Guardian (Buyer). You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
In addition to the disclaimers and indemnities found throughout this Agreement, Child Care Providers and Parents/Guardians (Buyers) hereby agree that in no case shall LiiT Care Connect, or the directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors thereof be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the LiiT Care Connect website or any services or products procured using the website, or for any other claim related in any way to your use of the LiiT Care Connect website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Prices for our Service are subject to change without notice.
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forwarded to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We are fully committed to equality of opportunity and to doing our part to eliminate discrimination based on any of the protected grounds in the Alberta Human Rights Act. It is the our policy to treat everyone equally and to offer opportunities to Child Care Providers and Parents/Guardians (Buyers) regardless of their background, race, skin colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, marital status, disability, age, religion, belief or political persuasion. We shall at all times perform our obligations under this Agreement in accordance with all applicable laws and regulations, including the Albert Human Rights Act, and continue to seek business opportunities to partner with organizations who share these values
SECTION 11 - PERSONAL INFORMATION AND TUTORING SERVICES
From time to time the LiiT Care Connect platform may also be utilized to connect certain educational tutors with parents and children seeking their services. For the purposes of the within Terms of Service, “Child Care Providers” may also refer to said tutors, “Parent/Guardian (Buyer)” may also refer to those using the LiiT Care Connect platform to locate and contract with a Tutor, such that these Terms and Conditions shall apply equally to those using it for Childcare services and those using it for tutoring services.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information related to the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information related to the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information related to the Service or on any related website has been modified or updated.
In the event of a dispute between a Child Care Provider and a Parent/Guardian (Buyer), LiiT Care Connect may (but is not obligated to) assist the Members with resolving the dispute. At the request of the affected Members, LiiT Care Connect may (but is not obligated to) convene a meeting either in person or via videoconference in an attempt to resolve the ongoing dispute. If LiiT Care Connect is unable or unwilling to convene a meeting, or in the event a meeting is convened without a resolution as between the affected Members, the Members may pursue all available legal remedies.
Should a dispute arise between LiiT Care Connect and a Member with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of this Agreement, the parties shall in the first instance attempt to resolve such dispute by amicable negotiations. Should such negotiations fail to achieve a resolution within fourteen (14) days, either party may declare a dispute by written notification to the other, whereupon such dispute shall be referred to mediation prior to the commencement of any legal proceedings. The mediation shall take place in the City of Airdrie, in the Province of Alberta. In the event the parties cannot mutually agree on a mediator, each party will select a mediator and the selected mediators shall jointly select a third mediator, who will conduct the mediation and determine the parameters of the mediation.
LiiT Care Connect does not offer refunds to Parents/Guardians (Buyers) or Child Care Providers, except in circumstances where the Childcare is not provided by fault of the Child Care Provider (for example, closed facility, or failure to attend at the agreed upon location for Childcare). All fees paid to LiiT Care Connect, whether in the form of monthly subscription fees or in the form of a commission-based service fees for connecting Child Care Providers and Parents/Guardians (Buyers), are non-refundable except as otherwise provided herein. In the vent the Parent/Guardian (Buyer) wishes to pursue a refund for Childcare that has been provided they may pursue a refund directly with the applicable Child Care Provider to the extent that the policies of the Child Care Provider allow for it and the circumstances warrant it.
This Agreement, as amended from time to time, shall remain in full force and effect while you use our website or are otherwise a user or Member of the website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.
If your account becomes inactive, which is defined by failing to log into the Service for an extended period of time as determined by LiiT Care Connect, acting reasonably, LiiT Care Connect may terminate your account without prior notice.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
This Agreement and related documents incorporated by reference constitute the entire agreement between you and LiiT Care Connect regarding the use of our Services. The failure of LiiT Care Connect to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. This Agreement and your Account may not be assigned by you without our express written consent. LiiT Care Connect may assign any or all of its rights and obligations to others at any time. You agree that if you are unsure of the meaning of any part of this Terms of Service or have any questions or complaints regarding the Terms of Service, you will not hesitate to contact us via email.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service and shall be governed by and construed in accordance with the laws of the Province of Alberta and any federal laws of Canada applicable hereto.
You can review the most current version of the Terms of Service at any time at the LiiT Care Connect website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at info@LiiTcare.com