Terms Of Use

Welcome to Littlejammerz.com (the “Website”)  a website operated by Little Jammerz (hereafter “us” “we” “our”). This Terms of Use (the “Agreement”) binds you or the entity you represent (“you” or “your”) to the terms and conditions set forth herein when you use or access the Website or any of our software, applications, sites, materials, products, tools and other offerings (collectively, the “Services”). If you wish to use our Services, you must read, comply with and agree to be bound by the terms of this Agreement. If you object to anything in this Agreement, do not use our Services.

1.Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of our Services, whether or not you register as a “Student” or “Parent” (each may be referred to as a “Member”). This Agreement includes our Privacy Policy, Student Policies, our billing policies and any further terms of use for our Services, which are all incorporated herein by reference. This Agreement may be modified by us from time to time, such modifications to be effective when provided in writing or upon posting within our Services. Certain parts of our Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and terms and conditions posted for a specific area of or within our Services, the latter terms and conditions will take precedence with respect to your use of or access to that specific Service, but this Agreement shall still apply to our legal relationship. You have the right to receive this Agreement in non-electronic form, either before or after you electronically sign the Agreement, by sending a written request and self-addressed stamped envelope to: Little Jammerz 3867 Chesswood Drive; North York Ontario Canada M3J2R8

 

2. Eligibility

Use of our Services is void where prohibited. Any access to or use of our Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Privacy and Communications

Use of our Services is also governed by our Privacy Policy. When you sign up for our services, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to our Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see our Privacy Policy for more information regarding these communications.

You hereby explicitly consent to receive email, telephone, or text messages from Little  Jammerz, for the purpose of providing alerts and information related to services. Reply ‘STOP’ on the same number to stop receiving any further SMS. Reply ‘HELP’ to get help. Standard data charges are applicable for SMS.

 

  1. Commercial Release

By using the Service, you hereby authorize us and our agents, successors and assigns to photograph and/or videotape and/or record you and  and/or your child’s voice(s) without restriction and to utilize such photographs/videos and/or voice transcriptions or recording for any commercial purpose, including, but not limited to, the promotion and marketing of our Services, without further compensation whatsoever of any kind as a result of such use.

All images, photos (including but not limited to photos of children), text and other materials posted on this website are subject to copyrights which are owned by Little  Jammerz or other authorized individuals who have uploaded the images/ photos or materials. Any reproduction, transmission, retransmission, distribution, posting, sharing or republication of all or part of any image, photos, text, and other materials found on this website is expressly prohibited and shall be deemed to unauthorized and illegal. All other rights are reserved.

the Company retains all the rights in the video recordings, sound/audio recordings, pictures/ images clicked during the classes/ lectures by the Company and shall be the sole owner of the copyright in the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, share or make copies of any of the classes/ lectures, whether in full or in part thereof that are conducted by the Company (including the trial classes) unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, pictures, images or content which are obtained without the prior written consent of the Company shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws

 

  1. USER CONTENT

Company offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information.

The Company may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles.

You hereby explicitly consent and grant permission to the Company to record, make videos, sound recordings, take screen shots or click pictures of your child during the classes/ lectures that are conducted by the Company on its Platform as a part of the Services and to publish, display or use the same on its website or related pages, social media and in respect of advertisement and promotion, both online and offline.

All rights, ownership, and intellectual property in the ‘User Content’ created by your child on or by using the platform, during the period of the tutorial classes or the course, shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the ‘User Content’ to the Company for a worldwide, royalty-free, and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display any/all such ‘User Content’.

 

 

6. Release and Indemnification

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE MEMBERS OR OTHER USERS OF OUR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN MEMBERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE LITTLE JAMMERZ AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND OUR SERVICES.

UNLESS OTHERWISE PROHIBITED BY LAW, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD LITTLE JAMMERZ AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE “INDEMNIFIED PARTIES“) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE, OUR SERVICESOR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY SERVICES OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICES OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

 

  1. Payment and Refund

The Platform is a paid service and the payments made by You shall be according to the plans opted by You through the Platform. All payments by Users shall be through the payment mechanism put in place by Us. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer and Wallet Payment. With reference to Clause 9, the payment gateway mechanisms are governed by the terms and conditions of the third party providers as listed on the Platform and the User agrees to be bound by those terms.

Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us. In case of refund of EMI transactions, User will be charged interest as per bank’s regulations.

Any charges related to app publishing (e.g. charges levied by app store, play store) will be incurred by the User.

Any free trials provided on the Platform, shall also be governed by these Terms.

  1. Links Our Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are 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 we 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 the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
  2. Amendments to Terms

Company retains the right to modify these Terms: (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the Supreme Court, (c) because of technical necessity, (d) in order to maintain Company operations, (e) in the event of a change in market conditions, (f) for the benefit of the user.

No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general Terms via the Platform or via notice by email or in writing.

  1. Termination

Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms.

You may also terminate your agreement with Company by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination

  1. Severability

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

  1. Assignment

Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by the Company. Any attempted transfer or assignment in violation hereof shall be considered as null and void.

 

  1. Waiver

No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

  1. Government Laws and Jurisdiction

These Terms shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of Ontario, which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Ontario, Canada

  1. Contact

If you have any questions about these Terms, please contact us by email or postal mail on the following address: 3867 Chesswood Dr North York Ontario Canada M3J2R8

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

©2020 Little Jammerz Inc.