1. Acceptance of terms of use and amendments

Each time you use or cause access to this website or app, you agree to be bound by these Terms of use. If we make material changes to these Terms, we will notify you via the email address that you maintain in your profile and will post changes through a notice on the website.

  1. General Disclaimer

CubbySpot connects users with daycare and child cares services and provides information to its users in the form of links to third party websites and daycare profiles populated by the child care providers themselves. CubbySpot does not make any independent representations about any child care providers or the nature or quality of the facilities or care provided by such child care providers, and does not conduct any independent investigation of any of the child care providers listed in the app, but relies on the truth and accuracy of the information provided by such child care providers. You are at all times solely responsible for choosing an appropriate child care provider and conducting any investigations to satisfy yourself of the nature and quality of the care of such child care provider.

  1. The app operator’s service

This app and the services provided to you on and via this app are provided on an “AS IS” basis. You agree that the app operator reserves the right to modify or discontinue provision of this app and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability. The app operator will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

  1. Your responsibilities and registration obligations

In order to use this app or certain parts of it, you may be required to register for a user account on this app; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this app’s Terms of use, including any amendments made by the app operator that are published herein.

  1. Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the app operator of any unauthorized use of your user account, user name or password. For more information about the security of your account and personal information, please see our Privacy Policy.

  1. Your conduct

You agree that all information or data of any kind made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. The app operator will not be responsible to you in any way for content displayed on this app nor for any error or omission.
By using this app or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; pornographic; designed to interfere with or disrupt the operation of this app or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use this app to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;

(e) you will not provide any content that may give rise to the app operator being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

Daycare reviews and comments

Daycare reviews and comments are provided by individuals in the form of an OPINION. CubbySpot does not investigate nor does it endorse any opinions made in the form of user reviews or comments. THE APP OPERATOR STRONGLY ENCOURAGES EVERYONE TO ALWAYS INVESTIGATE A CHILDCARE/DAYCARE PROVIDER ON THEIR OWN. By accessing this app you agree to not post any information that is known to you to be false, inaccurate or misleading; that is, or may reasonably be considered as defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or unlawfully harassing to any individual or business; for which you were compensated by a third party; You agree to not post reviews or comments on the same daycare more than once. As a daycare provider you agree to not review your own daycare and/or to not provide reviews or comments for daycare centres which may reasonably classify as your direct competitor.

Complaints and concerns about child care providers

Daycare reviews and comments are posted for informational purposes only, and CubbySpot is not responsible for or authorized to conduct any investigation or take any other action in relation to the content of user reviews or any other form of user feedback. If you have a genuine complaint or concern about the care provided by any of the child care providers listed on the app, you are solely responsible for directing such complaints to the appropriate government entities. For more information on making complaints regarding child care services, please visit the Ontario government’s website at https://www.ontario.ca/page/make-child-care-complaint.

  1. Submission of content on this app

By providing any content to this app:

(a) you agree to grant the app operator a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, delete, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the app operator the license specified in this section 7;

(c) you acknowledge and agree that the app operator will have the right (but not obligation), at the app operator’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

(d) you understand and agree that you are fully responsible for the content you create on this app.

  1. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this app. Representations made regarding products and services provided by third parties are the representations of the parties providing them and not direct representations of CubbySpot, and such representations are governed by the policies and procedures of the third parties providing them. The app operator will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

  1. Indemnification

You agree to indemnify and hold harmless the app operator and the app operator’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this app or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

  1. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS APP AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE APP OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE APP OPERATOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE APP OPERATOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS APP MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE APP OPERATOR WILL NOT BE HELD LIABLE IN ANY WAY.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE APP OPERATOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE APP OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

  1. Reservation of rights

The app operator reserves all of the app operator’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the app operator may have in respect of this app, its content, and goods and services that may be provided. The use of the app operator’s rights. and property requires the app operator’s prior written consent. By making services available to you, the app operator is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this app or provide services without the app operator’s prior written consent.