Terms and Conditions
Terms & Conditions
Familyhub.ca is intended as a place for local family specific businesses to promote themselves, their products & service. The listings are presented to be helpful for customers, provide specific value offerings and facilitate the connection between each business and perspective customers.
The Familyhub.ca website (the "Site") is owned by Familyhub.ca Inc. ("Familyhub.ca"). The online content and services available on the website are made available on the following terms and conditions of service (the "Terms"). By using the Site you accept these Terms & Conditions. Familyhub.ca may revise these Terms & Conditions at any time by updating this posting. Your use of the Site, or any service on the Site, after posting a modification to the Terms & Conditions, will constitute your acceptance of the Terms & Conditions as modified. This Site is for informational and commercial purposes.
The services, products and Hub Partners listed, including any services offered by a third party of the Site, are provided on an "as is" basis and without warranty. Familyhub.ca does not guarantee that the service will meet the users’ need or that it will be error-free and without interruption. This Site contains links to other websites. Familyhub.ca makes no representation as to the accuracy, integrity or value of the information contained in these links. Familyhub.ca expressly disclaims all liability with respect to actions taken based upon any or all of the information on the Site. Familyhub.ca offers a search feature within the Site. Familyhub.ca explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Familyhub.ca also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Familyhub.ca shall not be liable for any loss or damage suffered as the result of the use of the Site. Under no circumstances will Familyhub.ca. be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, loss of profits, litigation, or the like) special, exemplary, punitive or other damages under any legal theory, arising out of or in any way relating to the Site, your website use, or the content of your website, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or its content is to cease use of the Site. You (and not Familyhub.ca) assume the entire cost of all necessary servicing, repair or correction that may be required as a result of your use of the Site. You hereby disclaim all warranties by Familyhub.ca relating to your website use.
Visitors, users and Hub Partners acknowledge that Familyhub.ca has the right to change the content and or technical specifications of the Site at any time at the sole discretion of Familyhub.ca. You further accept that such changes may result in your being unable to effectively use or access the Site.
Familyhub.ca may create a user name and a password for Hub Partners. The Hub Partner alone is responsible for keeping that user name and password confidential and for any and all activity that occurs on the Site under such user name and password. As a Hub Partner, you agree to immediately notify Familyhub.ca of any unauthorized use of your user name or password, or any other misuse or breach of security. As a Hub Partner, you agree to indemnify Familyhub.ca and its directors, employees, agents, Hub Partners and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including any and all lawyer's fees, resulting from any unauthorized use of your user name or password.
Familyhub.ca reserves the right to refuse and/or cancel any purchase made by a Hub Partner at any time. Familyhub.ca may at times offer promotions and change pricing of its services without notice. Promotional pricing may be restricted to defined groups of people or businesses for specific periods of time while quantities and spaces remain available. Familyhub.ca may discontinue, change or increase any pricing or promotions at any time and without notice, including pricing for period in progress. Familyhub.ca will not refund or compensate a Hub Partner for any reason related to the purchase of services provided by Familyhub.ca.
Hub Partners who purchase any services offered by Familyhub.ca agree to pay all amounts due in Canadian currency. Fees for services can be found at familyhub.ca.
Hub Partners who wish to cancel their advertisement or business listing must send their request to Familyhub.ca Inc. and allow 5 business days for the request to be processed. Hub Partners canceling their services must have their account current with no outside amounts owing to Familyhub.ca Inc. and agree to pay to Familyhub.ca Inc. a cancellation fee of $29.00 plus Ontario Harmonized Sales Tax of 13 percent. There shall be no refund by Familyhub.ca for the billing period that may be in progress at the time of cancellation.
In using the Site, you represent and agree that you have read and agree to be bound by the Terms. Any unauthorized commercial use of the Site, Familyhub.ca materials, servers or internet infrastructure used for purposes of delivering the Site or its related services or the resale of its related services, is strictly prohibited.
The privacy of every visitor and Hub Partner is important, we direct you to read our Privacy & Protection Policy. The use of personal information you supply by using this Site is strictly governed by our Privacy & Protection Policy.
By accessing Familyhub.ca, as a visitor or a Hub Partner, you acquire no rights or licenses in or to the Site or materials and its content contained therein other than the limited right to utilize the website in accordance with the Terms. If you are a Hub Partner and submit material to Familyhub.ca for the purpose of acquiring a category listing, banner advertisement, coupon listing and or any other advertising, you grant Familyhub.ca a non-exclusive, worldwide, royalty-free, irrevocable and unconditional right to use, reproduce, modify, publish, create derivative works from, copy, distribute and display the content in any format.
Any and all material collected by Familyhub.ca and all material posted on the Site entitle Familyhub.ca to use the material for any type of use forever including in any media, promotional and advertising purposes whether now known or hereafter devised. All Hub Partners and visitors to the Site who submit or post material on the Site agree that Familyhub.ca has the right to publish the material. Familyhub.ca has the right to determine what content and material is posted on Familyhub.ca. Familyhub.ca may decide, without notice, to remove content provided by a Hub Partner as it deems necessary acting in its sole discretion.
Familyhub.ca will not accept or post any material provided by Hub Partners or other visitors to the Site which;
a) libels, defames, invades privacy, is abusive or threatening, is obscene, or pornographic;
- violates any law, or advocates any illegal activity;
- infringes any intellectual property or other rights of any entity or person, including, but not limited to violating anyone's copyrights or trademarks;
- contains viruses, or anything that are intended to damage Familyhub.ca systems, data or information;
You agree to indemnify Familyhub.ca and its directors, employees, agents, Hub Partners and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including any and all lawyer's fees, resulting from your breach of any of the foregoing agreements, representations and warranties.
You are strictly forbidden from using the Site for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Site solely for the use and benefit of yourself or your own organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree to comply with any other applicable terms and conditions of service set forth on the Site.
You may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works from, store, archive, publicly display or in any way commercially exploit any of the Familyhub.ca content. Nothing contained herein shall be construed as conceding any rights or license under any copyright or other intellectual property right.
Without limitation, you may not do any of the following without prior written permission from Familyhub.ca (and may not allow a third party to do any of the same):
* Search and retrieve information from Familyhub.ca or Familyhub.ca’s computer systems using automatic querying, harvesting, crawling, scraping or any similar program;
* Copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the site, except that you may download material from the site and/or make print copies for personal use, provided that all copies retain all copyright and other proprietary notices;
* Modify the Site content in any way;
* Offer any part of the Site for sale or distribute it over any other medium, including, but not limited to a computer network or hyperlink framing on the Internet;
* Use any names or marks included on the site in any manner that creates the impression such names or marks belong to or are associated with you or imply any endorsement;
* Redistribute any of the Site content, including through any content archive or similar service;
* Remove the copyright or trademark notice from any copies of the Site content made under these terms and conditions;
* Create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the Site content;
* Deep link to, frame, spider, harvest or scrape the Site content or otherwise access the Familyhub.ca content for similar purposes; or
* Use any machine, electronic, web based or similar devise to read or extract the Site content by automated or machine based means.
Please note that, in addition and without prejudice to the rights of Familyhub,ca at law to restrict the types of use referred to above, the restrictions set out above are also contractual in nature and legally bind all users and Hub Partners of the Site.
All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, including rights in and to all applications and registrations appearing on or relating to the Site shall at all times be and remain the sole and exclusive property of Familyhub.ca.
You acknowledge that the Site has been developed, compiled, prepared, selected and arranged by Familyhub.ca requiring substantial time, effort and money and constitutes valuable intellectual property of Familyhub.ca. The Site, including but not limited to text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Canada, the U.S. and other countries. All individual elements making up the Site are copyrighted works and the Site is protected as a collective work or compilation under Canadian & U.S. copyright and other laws and treaties. You acknowledge that you have no ownership rights in or to any proprietary rights and agree to abide by all applicable copyright and other laws in regard to the contents of the Site. “Familyhub.ca” and/or any other names of Familyhub.ca Inc. or its web sites, events, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Familyhub.ca Inc., including the "look" and "feel" of the Site, its color combinations, layout, and all other graphical elements. Any use of Familyhub.ca Inc. trademarks is strictly prohibited without the express permission from Familyhub.ca Inc. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Familyhub.ca cannot warrant that the Site will operate without interruption or errors at any given period of time. Familyhub.ca shall in no way ever be liable by its visitors, users and or Hub Partners for any damages from the use or the inability to effectively use the Site. Should you require or use the assistance of any of the Familyhub.ca staff, affiliates, agents, representatives or any other third party contractor, the use of the assistance or end product shall be solely at your own risk and Familyhub.ca shall not be held liable in any way for the results or uses of the assistance.
You expressly agree to defend, indemnify and hold harmless Familyhub.ca and its directors, employees, agents, shareholders, representatives, subsidiaries, affiliates and assigns from and against any and all losses, costs, claims, suits, obligations, demands, damages, liabilities and expenses (including, but not limited to, all suit and legal costs, paralegal and expert witness fees) arising in connection with the breach of the Terms and other policies that may be posted on the Site , your use of the Site or the breach of any third party intellectual property rights, regardless of the sole and/or comparative negligence or other fault or responsibility of Familyhub.ca or its directors, employees, agents, shareholders, representatives, subsidiaries, affiliates and assigns. Such indemnity shall continue in full force and effect notwithstanding your discontinuance of use of the Site. [NTD: Is there a separate agreement signed by Hub partners? If not these terms & conditions should set-out payment terms. Ex. invoice payable upon receipt, interest if late, etc.]
Familyhub.ca may provide links to other websites through the Site, these other websites are operated by third parties. The linked sites are not controlled by Familyhub.ca, and Familyhub.ca is not responsible for the content available on any other websites linked with Familyhub.ca or accessed by using Familyhub.ca. Third party links do not imply Familyhub.ca’s endorsement of material on any other website and Familyhub.ca disclaims all liability with regard to your access to such linked websites. Familyhub.ca provides links to other websites as a convenience to users, visitors and Hub Partners. Access to other websites linked to Familyhub.ca is at your own risk.
All users, visitors and Hub Partners of Familyhub.ca agree to be bound by these additional Terms & Conditions of use.
This Agreement all be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The Courts of the Province of Ontario will have exclusive jurisdiction in connection with any matter, action or proceeding between Familyhub.ca and you for any purpose concerning the Site or this Agreement or the parties' obligations hereunder. This Agreement, together with the Service Agreement/Subscription Agreement (if such an agreement was entered into) contains the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site. If any provision of these terms and conditions is determined to be invalid, such invalid provision does not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law.
Any cause of action or claim you may have with respect to the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred. Familyhub.ca's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right, and no waiver of any breach of this agreement shall constitute a waiver of any other or subsequent breach. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. You hereby agree to use the English language for these terms and conditions. Notices may be delivered by Familyhub.ca through any email address provided by you or by regular mail to the address provided by you. Notices by you shall be delivered by telephone or e-mail, using the contact details provided on the Site.
If you have any questions, comments or concerns about these Terms & Conditions, the Familyhub.ca website, Familyhub.ca Inc. services you may contact us at firstname.lastname@example.org.