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Terms of Use Agreement

This Agreement was last updated on Nov 27 2016

1. Introduction

Welcome to Kallababy (also spelled Källababy) , an online resource designed to link growing families with relevant products and services effortlessly, pregnancy-planning to school age. This resource also aims to facilitate the growth of local businesses by connecting them with business support services and enabling easy industry-specific B2B networking. The Agreement is designed to ensure a positive, family-friendly, informative, and safe experience for all our users.

2. Definitions

Throughout this Agreement:
a) “We” “us” and “our” refer to Ivan Petrov, o/a Kallababy and to his agents, employees, and assigns.
b) “Website” refers to kallababy.com and the social media accounts that were created by us on various social media platforms to promote Kallababy’s activities. These include, but are not limited to: Facebook, Twitter, Instagram, LinkedIn, Google+, Pintrest, YouTube, Vimeo. Note that the terms Källababy, Kallababy, and kallababy.com represent the same online resource and, therefore, can be used interchangeably.
c) “Services” refers to any or all of the following:
i. Creation of a free (basic) listing in our directory. It contains the listing owner’s contact information, address, and a brief description of business activity.
ii. Creation of a paid (full) listing in our directory. The annual price is $70.80 plus $9.20 HST, which totals $80.00 CAN. The listing contains the owner’s contact information, hyperlinked email and website reference, a link to his/her social media accounts, a long description of business activity, space for a photo gallery, space for a video introduction, space to post testimonials, information on business hours and location.
iii. Placement of an ad on the Website. Details of sizes, duration, and prices as well as methods of payment are handled on a case-by-case basis by email communication with Källababy.
iv. Publication of blog entries to the Website. Members of the public are welcome to submit material for publication by contacting Källababy via email. Potential entries are reviewed for compliance with our Posting Policy (see below) before appearing on the Website.
v. Provision of information via the Website.

vi. Facilitation and publication of product, service, event reviews.
vii. Promotional activities via our social media accounts.
d) “Policy, Policies” refers to any or all of the following:
i.Posting Policy
ii. Prohibited Items and Services Policy
iii. Privacy Policy
All three are described in detail further in the Agreement.
e) “Content” refers to any information (written or presented via photo and video/audio) that appears on the Website due to our activity and/or the activity of visitors, listing owners, blog contributors, reviewers and ad owners.
f) “User” refers to all visitors of the Website, including us, listing owners, ad owners, reviewers or bloggers contributing Content to the Website.

3. Application of Agreement

The Terms of Use set forth your obligations, covenants and representations when using the Website and Services. Before accessing or using the Website or our Services you must read and comply with the Terms of Use. By using or registering on the Website, you agree that you have read, understand and are bound to our Terms of Use. We reserve the right, in our sole discretion, to amend these Terms of Use at any time without further notice. You are responsible for regularly reviewing the Terms of Use. Your continued use of the Website and/or Services after the updated Terms of Use are posted constitutes your acceptance of revised Terms of Use. Please check the Terms of Use often to see if they have been modified. If you object to anything in the Terms of Use, you are not permitted to use the Website and/or Services.

4. License

So long as you comply with the Terms of Use, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable, nontransferrable, terminable license to access and use our Website and  Services. You agree that you will not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Website or Services or any of their content for any purpose except for the acceptable uses as set forth in these Terms of Use. We may modify, update, suspend or discontinue the Website or Services, in whole or in part, at our sole discretion for any reason, at any time and with or without notice.  We shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

5. Using our Services

Without limiting anything else in these Terms of Use and the included Policies, as a condition of accessing or using our Website and/or Services you agree that you will not:

a.Violate any applicable laws, third party rights or our Posting Policy
b.Post any item or service listed in our Prohibited Items and Services Policy
c.Continue to use our Services if you have been suspended from using our Services;
d.Interfere with any other user’s posts;
e.Post infringing, unlawful, false, inaccurate, misleading, defamatory or obscene content (in our sole discretion);
f.Collect other users’ personal information, including but not limited to email addresses, IP addresses and telephone numbers;
g.Solicit other users except by posting content in compliance with this Agreement and the included Policies; or
h.Send a message to a listing owner for any reason other than expressing genuine interest in contact on a professional level or purchasing their advertised product or service.
i) Gain unauthorized access to the Website including areas reserved for administrators.
ii) Tamper with the content of the Website.

6. Privacy

Our Privacy Policy explains how we handle your personal information and protect your privacy. As a condition of using our Services, you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.

7. Services and Fees

We provide both free and paid services (Refer to Section 2 for details). We may charge a fee for certain services, and when we do, you will have the opportunity to review and accept that charge. Any fees are non-refundable and payable when due.

8. Content

By using our Services to post content, you automatically grant and assign to us, and you represent and warrant that you have the right, power and authority to grant and assign to us, a non-exclusive, unlimited, fully paid, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable license to exercise any and all copyright, trademark, publicity, and database rights you have in such content, in any media known now or in the future, and you waive any and all moral rights in such posted content.

You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use, or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

It is your responsibility to provide accurate, current and complete information in relation to your Content and use of the Website and/or Services. We are not responsible for any claims relating to any inaccurate or incomplete information provided by users on the Website. You are further responsible for any Content that you publish or display on the Website, or transmit to other users.

You understand and agree that we may review and delete any Content, which we deem, in our sole discretion, violates these Terms of Use.

By posting Content on our Website, you automatically grant us, and you represent and warrant that you have the right to grant us , an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content. By posting Content you are representing and warranting that you have all rights to post such Content and are not violating any third party’s rights by posting that Content, including any copyrights, trademarks or other rights. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

9. Advertising, Third Party Content and Links to other Websites
Some of our Services are supported by advertising revenue and we may permit third parties to display advertisements and promotions to you when you use our Website and/or Services. In addition, our Services may utilize or contain links to other third party sites, including social networking sites.

You will see advertising material submitted by third parties on this website. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We have no control over, and assume no responsibility for, such third party advertisers or third party sites or the content, privacy policies, or practices of such advertisers or sites. You are subject to the policies of such third parties when and where applicable.

By using our Services, you agree that we may place advertising in our Services and that you will not hold us responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers, your subsequent dealings with advertisers, or your use of any third party site accessed through our Service.

YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY

Any opinions, statements, reviews, recommendations, testimonials or other information or content provided by or posted by Users on the Website, are those of the specific User. Such Users are solely responsible for such Content. We do not guarantee the accuracy or completeness of any content, opinions, reviews, recommendations, statements or other information, on the Website, nor do we endorse or accept responsibility for the accuracy or reliability of any such content, opinion, statement, review, recommendation or information made by any party/User that appears on the Website.

You agree that you bear all responsibility for the use of the Website and/or Services, Content and any of your communications or dealings with other Users and third parties. We are not responsible for any such communications or the results of any such communications.  Although we assist in verifying listing owners, ad owners, reviewers, and bloggers on our Website, we have NO obligation to and DO NOT screen, approve or monitor listing owners, ad owners, bloggers, reviewers or other Users of the Website or the content they post or the products/services they provide.

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR QUALITY OF ANY CONTENT TRANSMITTED OR PRODUCTS OR SERVICES OFFERED BY SAID LISTING OWNERS, AD OWNERS, BLOGGERS, REVIEWERS OR OTHER USERS. ALL USERS ENGAGE WITH OTHER USERS AND/OR LISTING OWNERS, AD OWNERS, REVIEWERS, AND BLOGGERS AT THEIR OWN RISK AND ARE URGED TO DO THEIR OWN DUE DILIGENCE. WE MAKE NO REPRESENTATION AND GIVE NO WARRANTY EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTE OR COMMON LAW OR OTHERWISE) IN RESPECT OF ANY OF THE INFORMATION REGARDING THE PRODUCTS OR SERVICES LISTED BY USERS INCLUDING LISTING OWNERS, AD OWNERS, REVIEWERS AND BLOGGERS.

WE ARE NOT RESPONSIBLE FOR ANY MISREPRESENTATIONS MADE BY USERS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOSS OF LIFE, HEALTH, MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OUR SERVICES, WHICH INCLUDES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOLLOWING:

A.YOUR USE OF OR YOUR INABILITY TO USE OUR WEBSITE/SERVICES;
B.DELAYS OR DISRUPTIONS IN OUR WEBSITE/SERVICES;
C.VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY USING OUR WEBSITE/SERVICES OR ANY SITE, SERVICES, APPLICATIONS OR TOOLS LINKED TO OUR SERVICES;
D.GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM;
E.DAMAGE TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE USE OF OUR SERVICES;
F.THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES OR OTHER USERS, INCLUDING WITHOUT LIMITATION:
I.ITEMS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES USING OUR SERVICES; OR
II.PAGES CACHED BY THIRD PARTIES.
G.A SUSPENSION, TERMINATION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT;

REGARDLESS IF SAID DAMAGES ARE THE RESULT (IN WHOLE OR IN PART) BY US.

REGARDLESS OF THE ABOVE, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100 CAN.

11. Release

If you have a dispute with one or more Users or third parties, you agree to indemnify and release us (as well as our affiliates, assigns, employees, and agents) from claims, demands, and damages (whether direct, actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favour at the time of agreeing to this release.

12. Access and Interference

You agree that you will not use any robot, spider, scraper, crawler, or any other automated means to access our Services for any purpose without our express written permission.

Additionally, you agree that you will not:

a.Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
i) Copy, reproduce, aggregate, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any of our Services, any content posted on our websites (except for your content and content that is explicitly intended for sharing via social and other media) or any of our copyrights or trademarks without prior express written permission from us and any appropriate third party, as applicable;
c.Interfere or attempt to interfere with the proper working of our Services, or any activities conducted on or with our Services; or
d.Bypass any measures we may use to prevent or restrict access to our sites.

Exception for Internet Search Engines and Public Archives

As a limited exception to paragraph (b) above, general purpose Internet search engines and non-commercial public archives may access our Services without a separate written agreement provided that they:

i.Provide a direct hyperlink to the relevant website, forum, content or other Services;
ii.Access our Services from a stable IP address using an easily identifiable agent; and
iii.Comply with our robot.txt file.

However, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this limited exception to access our Services without a separate written agreement with us) at any time and in our sole discretion, upon written notice, including, without limitation, by email notice

Exception for RSS Feeds

As a limited exception to paragraph (b) above, you may download information from one of our RSS Feeds provided that either:

i.You only do so for personal use or in conjunction with a non-commercial website (a website that generates no revenue), or

ii.You enter into a separate written agreement with us.

13. Modification or Termination of Services

We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Website/Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Website/Services.

In addition to all other rights and remedies available to us under this Agreement or by law, we may, in our sole discretion, terminate or suspend your access to and use of the Website and/or

Services (or any part thereof) without cause and without notice.

14. No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

15. Notice

You agree to send all notices to us to the following email address: ivan@kallababy.com

You consent to us sending you notices to the email address you provide to us. Legal notices sent electronically will be deemed received 24 hours after sending. We may also send you legal notices by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

16. General

Severability

If any provision of these Terms of Use is found invalid or unenforceable, such provision shall be severed without invalidating the remainder of the Terms of Use, and the Terms of Use shall be interpreted so as to give effect, to the extent possible, to the original intent of the Terms of Use including the offending provision.

Governing law

This Agreement shall be governed and construed in accordance with the laws of Ontario and the laws of Canada applicable therein.

Entire Agreement

These Terms of Use, including the incorporated Policies, set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms of Use.

Amendments

We may amend this Agreement or the included Policies from time to time. When we do so, we will put a notice on our websites. All amendments shall become effective within 30 days of such notice.

Quebec Residents

The parties hereby confirm that they have requested that this User Agreement and all related documents/policies be drafted in English. Les parties ont exigé que la présente convention et tous les documents/politiques auxquels cell-ci réfère soient rédigés et signés en langue anglaise.

Posting Policy

We allow one listing per business, however the listing owner may select as many categories as applicable without violating point e) of Section 5 of the Agreement.

Posting by minors under the age of majority  (18 or different depending on your jurisdiction) is not allowed.

We reserve the right to remove or refuse to post any Content that we feel is not relevant or of any value to our Users, with or without notice.

We reserve the right to remove Content without refund if we feel that our Policies or Terms of Use are regularly or deliberately breached.

We reserve the right to restrict the use of kallababy.com for those who regularly break our Posting Policy.

Further, when posting a listing you agree to NOT:

  • Place multiple listings for the same product or service on the Website
  • Create multiple accounts or use multiple email addresses to post the same product or service
  • Knowingly place listings into the wrong category
  • Post a listing in the Consignment category for anything other than items for sale – no exceptions
  • Promote bidding of a product or service through a competitive website
  • Post the same product or service in such a way as to monopolize the Featured Listings list
  • Post inappropriate, offensive (in our discretion) or illegal content
  • Post a listing that defames an individual or business
  • Post products or services listed in our Prohibited Items and Services Policy
  • Post copyrighted content (i.e. photos) or sell copyright material unless you have the copyright owner’s permission
  • Post website links in the title, picture or description of your listing (there is a specific field for this)
  • Post website links to affiliate programs/companies in your listing
  • Post website links in your listing to lists of other items for sale
  • Post a listing for products that you are not in possession of (items that are custom ordered must be declared along with a deposit request if it is required)
  • Post a listing for goods you know to have been stolen
  • Fill in the email address field with a fake email address
  • Give untruthful information when filling out your listing
  • Engage in keyword spamming
  • Solicit listing owners to promote a commercial business

When posting a blog entry or comment you agree to NOT:

  • Post inappropriate, offensive (in our discretion) or illegal content
  • Post content irrelevant to our Services
  • Promote bidding of a product or service through a competitive website
  • Post entries or comments that defames or insults (in our discretion) an individual or business

When posting a review you agree to NOT:

  • Use foul language
  • Post inappropriate, offensive (in our discretion) or illegal content
  • Promote bidding of a product or service through a competitive website
  • Post content that defames or insults (in our discretion) an individual or business
  • Post content irrelevant to our Services
  • Post false information
  • Post reviews not based on your personal experience
  • Post criticism which cannot be substantiated by facts

Prohibited Items and Services Policy

We reserve the right to edit or delete Content on this Website for any reason whatsoever including, but not limited to, content deemed obscene, illegal, immoral, sexually explicit or anything deemed not family-friendly, as well as political content or content promoting competing websites. Additionally, the offer of products or services restricted by local, provincial or national laws or in violation of any Canadian regulatory standards or deemed unsafe are not permitted.

For legal, safety or community reasons, the following items and services are not permitted on our Website:

  • Adult–only items and services
  • Alcoholic beverages
  • Car seats that do not meet Health Canada Standards
  • Counterfeit and unauthorized replicas
  • Trademarked items or services sold without permission of the trademark holder
  • Cribs that do not meet Health Canada Standards
  • Embargoed goods
  • Escort services
  • Surrogacy and donor services (except human breastmilk)
  • Products and services which do not comply with Canadian regulatory standards
  • Hazardous materials
  • Illegal drugs or drug paraphernalia
  • Illegal services
  • Loans from unregistered financial services
  • Massage services with full body photographs, unless approved by us
  • Obscene and offensive material
  • Personal ads
  • Personal information regarding any person other than the seller
  • Pesticides
  • Images that contain nudity or partial nudity, unless approved by us
  • Pornography of any kind
  • Prescription and over-the-counter drugs and devices
  • Prostitution or ads that offer sex
  • Recalled items
  • Sexual services including webcamming
  • Stolen property
  • Tobacco and related items
  • Used cosmetics
  • Weapons and related Items

Cribs That Do Not Meet Health Canada Standards

Many drop-side cribs have been recalled in Canada. We are asking that you contact the manufacturer to determine if the crib you are selling has been recalled or if there is a repair kit available. Currently, the manufacturer is most qualified to determine the status of their products.

If your crib has not been recalled, or the repair kit has been installed, please place a statement regarding this in your listing.

For more information please visit the following link at Health Canada:

http://www.hc-sc.gc.ca/cps-spc/pubs/cons/child-enfant/sleep-coucher-eng.php#a34

Car Seats That Do Not Meet Health Canada Standards

Children’s car seats made prior to January 1, 2011 and expired car seats cannot be sold or given away on our sites.

If you have a car seat manufactured after January 1, 2011 but before January 2012, you must contact the manufacturer to determine if your car seat is compliant to Health Canada’s updated safety regulations, published January 2012.

Any car seat listed on our site is held and reviewed by our team for up to 48 hours.

In order for a car seat to be displayed on our site, the following information must be available to prospective buyers:

  • Date of manufacture
  • Date of expiry
  • Confirmation that the seller has contacted the manufacturer and has confirmed that the car seat complies with safety regulations

Please recycle your car seat if it is not compliant. Check for a local recycling program or facility that will accept your seat or recycle the seat yourself.

For further information, visit Transport Canada website or call Health Canada, 1-866-662-0666.