1. Agreement to Terms
By accessing or using KidNest ("the Platform“), you agree to be bound by these Terms of Service (”Terms“). If you do not agree to all of these Terms, you may not access or use the Platform. These Terms apply to all users of the Platform, including parents, guardians, class providers, and academies.
2. Use of the Platform
2.1 Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts to use this Platform. By using the Platform, you represent and warrant that you meet these requirements.
2.2 Account Registration
To access certain features, you must register for an account. You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities under your account
2.3 Prohibited Conduct
You agree not to:
- Use the Platform for any illegal or unauthorized purpose
- Violate any laws or regulations in your jurisdiction
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the Platform or servers connected to it
- Attempt to gain unauthorized access to any portion of the Platform
- Use automated systems to access the Platform
- Transmit any viruses, malware, or other harmful code
- Harass, abuse, or harm other users or class providers
3. Bookings and Payments
3.1 Booking Process
When you book a class through the Platform, you are entering into a contract with the class provider. We facilitate the booking process but are not a party to the contract between you and the class provider.
3.2 Payment Terms
All payments are processed through secure third-party payment processors. You agree to pay all fees associated with your bookings, including applicable taxes. Prices are subject to change, but any changes will not affect bookings already confirmed.
3.3 Cancellation and Refund Policy
Cancellation and refund policies are determined by individual class providers and academies. Please review the specific cancellation policy before booking. Generally:
- Cancellations made 48 hours or more before the class may be eligible for a full refund
- Cancellations made less than 48 hours before may not be refunded
- No-shows are not eligible for refunds
- Platform fees may be non-refundable depending on the circumstances
3.4 Membership Plans
Membership plans provide access to multiple classes and sessions. Membership fees are non-refundable unless otherwise stated. Unused sessions may expire according to the membership terms.
4. Class Providers and Academies
4.1 Provider Responsibilities
Class providers are responsible for the quality, safety, and delivery of their classes. We do not employ or control class providers and are not responsible for their actions or omissions.
4.2 Verification and Screening
While we may conduct basic verification of class providers, we do not guarantee the accuracy of information provided by them or conduct comprehensive background checks. Parents are encouraged to perform their own due diligence.
5. Intellectual Property Rights
5.1 Platform Content
All content on the Platform, including text, graphics, logos, images, software, and functionality, is owned by KidNest or its licensors and is protected by copyright, trademark, and other intellectual property laws.
5.2 User Content
By uploading or submitting content (such as profile pictures, reviews, or comments) to the Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with operating the Platform.
5.3 Restrictions
You may not copy, modify, distribute, sell, or lease any part of our Platform without our express written permission.
6. Disclaimers and Limitation of Liability
6.1 Service “As Is“
The Platform is provided ”as is” and "as available" without warranties of any kind, either express or implied. We do not warrant that the Platform will be uninterrupted, secure, or error-free.
6.2 Limitation of Liability
To the maximum extent permitted by law, KidNest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill. Our total liability shall not exceed the amount paid by you to us in the twelve months preceding the claim.
6.3 Third-Party Services
We are not responsible for any third-party services, including class providers, payment processors, or other services accessed through our Platform.
7. Indemnification
You agree to indemnify, defend, and hold harmless KidNest, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your violation of any rights of another party.
8. Privacy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
9. Dispute Resolution
9.1 Informal Resolution
If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally by contacting our customer service team.
9.2 Arbitration
If the dispute cannot be resolved informally, you agree that any dispute will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court.
9.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
10. Termination
We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will immediately cease. You may also terminate your account at any time by contacting us.
11. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last Updated“ date. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions.
13. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and KidNest concerning your use of the Platform.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: legal@kidnest.com
Phone: +1 (555) 123-4567
Address: 123 Child Care Street, Suite 100, City, State 12345
By using KidNest, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.