Terms of Service

These terms of use (“Terms”, “Terms of Use” or “Agreement”) govern your access of the child care communication software, whether accessed: (a) on a computer connected to the internet at www.chezdine.com (the “Website”); (b) on Chez Dine social media properties; or (c) by mobile device (individually and collectively, (a), (b), and (c) are the “Product”), as owned and operated by Chez Dine, a company located at 3-231 Main St W, Hamilton, ON L8P 1J4 (referred to in these Terms as “we”, “us” or the “Company”). These Terms govern the use of all persons using the Product, including without limitation, the account manager or organization who registers an account on the Product (the “Account Manager”), all additional managers, teachers and parents (collectively, along with the Account Manager, “You” or the “User”), who have registered for the use of the Product, and are binding on any use of the Product, and apply to You from the time that You access the Product. For clarification, “You” includes terms such as “Your” and “Yourself”.

APPROVAL OF THE TERMS
It is important that you read these Terms carefully. If You do not agree to these Terms, do not use the Product or browse the Website. By accessing or using the Product(service), you represent, warrant and signify that: (a) You are at least 18 years of age; (b) You have read, understood and agree to be bound by these Terms as they may be amended; and (c) you have read and understand our Privacy Policy, which can be accessed at http://chezdine.com/ (the “Privacy Policy”), the terms of which are incorporated herein by reference, and agree to abide by the Privacy Policy.

PAYMENT TERMS
Payment from Account Managers will be due upon delivery of an electronic invoice from Chez Dine to the Account Manager monthly, as applicable. Any amounts payable by the Account Manager hereunder which remain unpaid thirty (30) days after an invoice is delivered shall bear interest at the rate of five percent (5%) per month (up to a maximum of fifty percent (50%) per annum), or the maximum amount allowable by law, such interest to be calculated on a daily basis from the date the payment becomes overdue until the date payment is made in full.

Account Managers may be required to provide account information for at least one valid debit or credit card through the Product (“Debit or Credit Card Information”). We will use this Debit or Credit Card Information in accordance with this Agreement and our Privacy Policy.
We are not liable for any payments that are not completed because: (1) Your debit or credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the debit or credit card account; (2) You have not provided us with correct payment account information; (3) Your debit or credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
All payment is exclusive of any taxes or duties imposed by jurisdiction tax law. Chez Dine will not be responsible for any taxes or duties owed by You.
Payment made to Chez Dine will be twelve percent (12%) of the total profit on each event.
Ticket prices sold through Chez Dine product will be determined by You.

TERMINATION
These Terms are effective on the date that you access the Product and will continue to apply until our relationship with you is terminated. Users may terminate their relationship with us by notifying Chez Dine via email at dine@chezdine.com . The services provided by the Product and the applicable fees shall continue until the end of the Account Manager’s current subscription term, after the Account Manager has notified us of Your desire to unsubscribe from the Product, to close Your account and to cease Your use of the Product. Account Managers that use the Product during a trial period and do not register for the Product after the free trial period will have their account terminated at the end of the free trial period.

We may terminate our relationship with you immediately at any time and for any reason including, but not limited to, a breach of these Terms under the following circumstances:
If You have not adhered to any or all the provisions of the Terms (such as a failure to pay fees when due) or if it appears that you do not intend to or are unable to comply with the Terms, such determination to be made solely at our discretion;
If we have changed our Terms or Privacy Policy and have not received your required consent, subject to the amendment provision in this Agreement;
If we are required to terminate the relationship by law;
If we receive any notice of your misuse of the Product; or
If provision of the Product is no longer commercially viable for us.
Upon termination of our relationship, we will immediately revoke Your license to use the Product and block all access to your account, and may delete all data and information associated with Your account thirty (30) days after such termination. Upon termination of this relationship, You will remain liable for any accrued charges and amounts which become due for payment prior to or following termination. If you do not log into Your account for twelve (12) or more months, we may treat your account as “inactive” and permanently cancel your account upon delivery of written notice and delete your
information [thirty (30)] days after such notice has been delivered.

REFUND POLICY
We are unable to provide refunds for a subscription to a plan.

*refund policy for cancellations by hosts to be approved by Jen and added to this section*

PAYMENT PROCESSING ERRORS
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by You, so that you end up receiving or paying the correct amount. This may be performed by Chez Dine payments or a third party such as Your financial institution.

GOVERNING LAW AND FORUM OF DISPUTES
By visiting the Website or using the Product, You agree that the laws of the province of Ontario, without regard to the principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between You and us. With respect to any disputes or claims, You agree not to commence or prosecute any action in connection therewith other than in the province of Ontario, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial courts of Ontario . You agree to pay reasonable attorneys’ fees and court costs incurred by us to collect any unpaid amounts owed by You.

Expenses: Each party shall be responsible for its own legal fees and other expenses incurred in connection with the performance of any of its obligations hereunder.

FORCE MAJEURE
You agree that we are not liable for a delay or failure in performance of the Product or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.

If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.

WAIVER
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Waivers must be in written form and signed by an authorized representative of the Company.

SURVIVAL OF AGREEMENT
All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of our relationship.

ENTIRE AGREEMENT
The Agreement will constitute the entire agreement between us and You with respect to the subject matter hereof and all prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby. In the event of a conflict between

these Terms and the Privacy Policy, the terms and conditions found herein shall prevail.

CONTACT
By providing us with your e-mail address, You agree to receive all required notices electronically, to that e-mail address or by mobile notifications via the Product. It is your responsibility to update or change that address, as appropriate.
If You have any questions or comments regarding these Terms please contact our head office by email at dine@chezdine.com .

 

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