Terms of Service

Last updated: June 1st, 2018

Thanks for using the Nelson Kids website, a web resource for finding local activities, resources, events and attractions for families in Nelson B.C. Canada. This document sets forth the terms and conditions that apply to our use of the Site (as defined below).  By using or accessing the site and/or the Services (as defined below), whether manually or by automated means, you agree to these Terms (as defined below).  If you have any questions or concerns, please do not hesitate to contact us.

Terms of Use and Agreement

Please read the following terms of use (“Terms”) carefully before using the Site. Nelson Kids and the web pages available at https://www.nelsonkids.ca are operated by Nelson Kids, a partnership registered in British Columbia, Canada. The web page https://www.nelsonkids.ca/ and all linked pages together form the “Site”.  These Terms apply to any use of the Site and/or Services.
The Site provides an online service operated on the World Wide Web of the Internet (the “Web”), offering access to various content through the Site (“Content”).

By accessing the Site, viewing Content or by using any of the Services (as defined below) or by using any Site applications (including mobile and desktop applications), you agree to be bound by these Terms, which, together with our _Privacy Policy_, govern the relationship between you and Nelson Kids in relation to the Site and Services (as defined below) (“Agreement”). These Terms affect your legal rights and obligations. If you do not agree to the Terms, please do not use the Site.

“Services” include, but are not limited to, any service we make available to or perform for you through the Site.  

Changes to this Agreement

We may revise these Terms from time to time and the most current version will always be posted to our website. If a revision is, in our sole discretion, material we will notify you and confirm your acceptance of the new terms. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Site and/or Services.

General Use and Site License

License.  Nelson Kids grants you a limited, non-exclusive license to access and use the Site for your own personal, commercial purposes.  This includes the right to view Content available on the Site.  This license is personal to you and may not be assigned or sublicensed to anyone else.

Age of Use. The Site and Services are designed for use by only those individuals who are at least 13 years of age. If you are not 18 years of age or older, you are not authorized to use the Site and Services without the permission and supervision of your parent or legal guardian. If you are under the age of 18, you warrant that you have the express permission of your parent or legal guardian to use the Site and the Services. If you are a parent or legal guardian and have authorised a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Site and/or Services by the minor.

Sole Responsibility.  You are solely responsible for your interactions with other users of the Site and Services. We reserve the right, but are under no obligation, to monitor disputes between you and other users

Hardware. You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damages to your or any user’s equipment, or for any data charges resulting from the use of this Site.

Rules for Incoming Payment from Advertisers

With respect to any purchase made on or through the Site and/or Services, you agree that: (i) you will not use an invalid or unauthorised credit or debit card or other payment method; (ii) you are solely responsible for identifying and selecting the product or service you wish to purchase; and (iii) your payment will be charged to the credit or debit card or other payment method you use.

Nelson Kids reserves the right to reject, in its full discretion, any and all orders or purchases made on the Site.

You understand you will be responsible for paying all fees and applicable taxes associated with using the Services. You will be responsible for paying any duty, taxes, or brokerage fees applicable to the purchases that you make using the Services (“Taxes”).

Changes to Fee Policy. Subject to the terms set out above, Nelson Kids reserves the right to change its fees policy and structures at any time and from time to time. Any such change will become effective only after Nelson Kids has given you fourteen (14) days’ notice by posting the changes to the Site. However, Nelson Kids may, in its sole discretion, choose to temporarily change its fees policy and the fees for Services for promotional events; such changes are effective when Nelson Kids posts the temporary promotional event to the Site. Nelson Kids may, in its sole discretion, change some or all of Services at any time. In the event Nelson Kids introduces a new service, the fees for that service are effective at the launch of the Service. Unless otherwise stated, all fees are quoted in CDN Dollars.

Accurate Information; Registration and Passwords; URLs

Accurate Information.  In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Nelson Kids has reasonable grounds to suspect that such information is inaccurate, Nelson Kids may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.

Prohibited Uses

As a condition to using the Site and/or Services, you promise not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by Nelson Kids. By way of example, and not as a limitation, you agree not to use the Site and/or Services:
1. in any way that is false, inaccurate or misleading;
2. in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
3. to collect and use product listings, descriptions or images;
4. to abuse, harass, threaten, impersonate or intimidate any person;
5. to post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
6. for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction in which you use the Services;
7. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
8. to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
9. to create or transmit unwanted ‘spam’ to any person or any URL;
10. to violate or attempt to violate the security of the Site and/or Services;
11. to post copyrighted Content which doesn’t belong to you, with the exception of blog content, in which case you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
12. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
13. to promote or sell Content of the Site;
14. to sell any products or services other than those which can reasonably be described as relating to photography;
15. to advertise or perform any commercial, religious, political or non-commercial solicitation other than the solicitation for the sale of artwork, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Nelson Kids;
16. to interfere with or attempt to interfere with the proper working of the Site and/or Services;
17. to use, reproduce, distribute, remix, prepare derivative works or compilations of, to display or perform User Generated Content;
18. to sell or otherwise transfer your profile;
19. to attempt to restrict another user from using or enjoying the Site and/or Services or to encourage or facilitate violations of these Terms of Use or the Privacy Policy;
20. sell goods or services via the Site which you do not deliver or which are not available;
21. to interfere in any way with the business of any other user of the Site; or
22. in any other way that violates these Terms.
Nelson Kids shall have the right, but no obligation, to monitor the content on the Site and/or Services to determine compliance with these Terms and any other operating rules we establish. Nelson Kids shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted to the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content (as defined below). Nelson Kids neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services, whether it is provided by Nelson Kids, our employees, or a third party.

Under no circumstances will Nelson Kids be liable for any loss or damage of any kind caused by reliance on information obtained through the Site or Services. Nelson Kids is not responsible for any offensive, defamatory, obscene or other posting made through the Site and/or Services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Nelson Kids’s sole discretion is inappropriate, objectionable or in violation of these Terms.

Any user who feels that Content is objectionable is encouraged to contact us immediately by email to hello@nelsonkids.ca . We have the ability to remove objectionable Content and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.

Neither Nelson Kids nor any third party content provider shall assume or have any liability for any action or inaction by Nelson Kids or any third party content provider with respect to any conduct, communication or posting on the Site and/or Services.

Ownership of User Submitted Content

You retain ownership of any content you submit to the Site or through the Services (“User Submitted Content”). However, by submitting your User Submitted Content to Nelson Kids, you hereby grant Nelson Kids the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licences:

* to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode your User Submitted Content to appropriate media formats, standards or mediums as part of the services Nelson Kids provides; and
* to publicly perform and publicly display your User Submitted Content on the Site, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels;

By submitting User Submitted Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your User Submitted Content to others: (i) the non-exclusive licence to access your User Submitted Content through the Site or Services; (ii) if permitted, the ability for users to comment on your User Submitted Content; and (iii) if permitted, the ability for users to send and distribute your User Submitted Content. Please keep in mind though that even if you request to have us delete your User Submitted Content from the Site or Services, it may still exist in back-up copies or copies made by third parties prior to deletion.

User’s Representations and Warranties. For each piece of User Submitted Content you submit, you represent and warrant that (i) you have the right to submit the Content to the Site and grant the licenses set forth above; (ii) Nelson Kids will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the Content complies with this Agreement and all applicable laws.


User Goods and Services

Upon purchasing goods or services (“Seller Goods”) provided by another user of Nelson Kids (the “Seller”), and the seller’s acceptance or such purchase, you and the Seller will be deemed to have entered into a contract under which the Seller agrees to deliver the Seller Goods and you agree to purchase the Seller Goods (a “User Contract”), pursuant to the terms of this Agreement and any other contractual provisions accepted by both you and the Seller, to the extent not inconsistent with this Agreement, related to the Seller Goods. You acknowledge that the User Contract is between you and the Seller.

If a Seller updates a Seller Goods after it has been posted on the Site or removes the Seller Goods from the Site, then all offers for that Seller Goods will be automatically rejected and the offer process will restart, as applicable.

You are solely responsible for ensuring that you comply with your obligations to other users. If you do not, you may become liable to that user. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances, and regulations relevant to you in any uses you make of the Services.

If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, you and a Seller may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this Agreement is intended to override a right that by applicable law may not be excluded.

You acknowledge that any relationship between you and a Seller or another user is that of an independent contractor. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between users.

User’s Representations and Warranties.  For each Seller’s Goods you submit for sale on the Site, you represent and warrant that (i) you have the right to submit the Seller’s Goods to the Site for sale and to complete a sale transaction involving the Seller’s Goods; (ii) Nelson Kids will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the offer for sale and/or sale of the Seller’s Goods does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the offer for sale and/or sale of the Seller’s Goods complies with this Agreement and all applicable laws.

Termination

Nelson Kids may terminate or suspend any and all Services and/or remove your listing immediately, without prior notice or liability, including without limitation if you breach the Terms.  All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links

The Site and/or Services may provide, or third parties may provide, links to other World Wide Websites or resources. Because Nelson Kids has no control over such sites and resources, you acknowledge and agree that Nelson Kids is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Nelson Kids shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.

Privacy Policy

Registration data and certain other information about you are subject to our Privacy Policy (for more information, see https://www.nelsonkids.com/privacy-policy. You understand that through your use of the Services you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy and in order to provide the Site and Services to you.

Intellectual Property Rights

Unless you are advised otherwise, everything you see or read on the Site and/or Services is subject to copyright, trade mark or other forms of legal protection owned by or licensed by third parties to Nelson Kids. Content may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of Nelson Kids.

Images displayed on the Site and/or Services are either the property of, or used with permission by, Nelson Kids. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of such images or other Content may violate the law.

The trade-marks and logos (collectively the “Trade-marks”) displayed on the Site and/or Services are registered and unregistered Trade-marks. Nothing contained in the Site and/or Services gives you permission to use these Trade-marks, and your use of the Trade-marks is strictly prohibited. Nelson Kids reserves the right to enforce its intellectual property rights where applicable.

Intellectual Property Complaints

Nelson Kids will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the Site or Services.
Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge Nelson Kids, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services, including, but not limited to, any liability which arises directly or indirectly out of a User Contract or submission of User Generated Content to the Site.
In no event shall Nelson Kids be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site, the Services or any Content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) one hundred Canadian dollars (CDN$100).

Disclaimer of Warranties

THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY NELSON KIDS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NELSON KIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NELSON KIDS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, NELSON KIDS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NELSON KIDS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
BY USING SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. NELSON KIDS DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF NELSON KIDS ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, NELSON KIDS DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND NELSON KIDS, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

The Security of the Site

Nelson Kids maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our sellers’, customers’, business partners’ and others’ information. For example, for the security of your online visit to the Site, Nelson Kids  may make use of firewall barriers, encryption techniques and/or authentication procedures.

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Nelson Kids strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Nelson Kids will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.

Electronic Communications

When you visit the Site, use the Services or send emails to Nelson Kids you are communicating with us electronically. You consent to receive communications from Nelson Kids electronically. Nelson Kids may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Nelson Kids provides to you electronically satisfy any legal requirement that such communications be in writing.

Site is for Use in Canada

The Site and Services are intended for users located in Nelson B.C. Canada. If you are a non-Canadian user of Site, by visiting the Site, using the Services and/or providing Nelson Kids with any User Generated Content specifically or Content generally, you agree to comply with all federal and provincial Canadian laws governing the Site, the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from Canada or the country in which you reside.

Conflict with Other Agreements

These Terms are in addition to, and do not nullify, any other agreement between you and Nelson Kids or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and Nelson Kids, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site. Notwithstanding the above, when you use Stripe in order to make a payment, your use of that service is governed by their respective user agreements.

Resolution of Disputes

Disputes with Nelson Kids: All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be mediated pursuant to the /Arbitration Act, 1991/. The place of mediation shall be Nelson, British Columbia. The language of the mediation shall be English.

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Nelson Kids encourages you to contact the user or third party to resolve the dispute amicably.  Nelson Kids is under no obligation to resolve disputes between users or between any user and an outside party. You may choose to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.  

Remedy

You agree that if you are dissatisfied with the Site or any Services offered in connection with the Site, if you do not agree with any part of these Terms, or if you have any other dispute or claim with or against Nelson Kids concerning your use of the Site or access to the Services or otherwise to do with these Terms, your sole and exclusive remedy is to discontinue using the Site and any Services offered in connection with the Site.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Nelson Kids in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Nelson Kids shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Nelson Kids reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Nelson Kids may transfer, assign or delegate the Terms and its rights and obligations without consent.

Survival

Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.

Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.

Governing Law and Language

These Terms are made under and governed by and are to be construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in the Province of British Columbia.

Feedback/Notices

All notices or other correspondence to Nelson Kids under this Agreement must be sent to the following electronic mail address for such purpose: hello@nelsonkids.ca

Or to the following physical address:

622 Front Street
#52
Nelson, British Columbia, Canada
V1L 4B7

If you have any questions about this Agreement or if you wish to report breaches of this Agreement, please contact us at hello@nelsonkids.ca