Terms of Service

These terms of Service (“Terms”) set out the legal agreement between Ciirve Technologies Inc. doing business as Ciirve (“Ciirve”, “we”, “us” and “our”) and both visitors to our website and users of our services (together, “Users” which includes parents and corporate subscribers). Ciirve provides an online education platform for children ages 5 to 12, designed for companies to purchase classes for their employees’ children and Parents to book Classes for their children (the “Services”)., By accessing or using our website at ciirve.com (“Website”) or subscribing for or using Services, Users acknowledge and irrevocably represent that they have read and understood the Terms and voluntarily and irrevocably accept and agree to be bound by the Terms. User also agree to comply with all laws and regulations applicable to the use of this website, the use of the internet, and to the activities involved in using this website. If you are not yet of legal age to form a binding contract, then you must get your parent to read these Terms of Service and agree to them for you before you use the Service. If you are a parent (“Parent”) and you register on behalf of, or permit your child to use the Services, then you provide your consent to your child's use of the Service, and you agree to be bound by these Terms of Service with respect of your child’s use of the Service.

If you do not agree with these Terms, do not use the Website or subscribe for the Service. If User, or the entity through which User was provided a log-in ID and password, subscribed to certain content or services found on this website by way of executing a written agreement ("Agreement"), then these Terms shall be supplemental to such Agreement, and use of this website is subject the terms of the Agreement in addition to these Terms. By accessing this website, User acknowledges that they have read and are bound by the Agreement.

Ciirve reserves the right to vary, amend, remove or add to the Terms at any time. Such modifications shall be effective immediately upon posting to the Website. User’s continued access and use of the Website and Service following the posting of modifications to the Terms shall constitute User’s acknowledgement and acceptance of such modifications. If, at any time, User do not wish to accept the Terms, User must immediately cease to access or use the website and all Content. Any additional terms, conditions or modifications to these Terms that are proposed by User shall be of no force or effect unless and until expressly agreed to by Ciirve in writing.

Access to the Website and Subscription to the Services

Users may access and view the content of unrestricted sections of the Website without subscribing to the Services or registering an account with Ciirve. However, in order to access the Services and restricted sections of the Website, a User must: (i) register an account with Ciirve; and (ii) either subscribe for the Services directly or be granted access by a Corporate Subscriber, each as set out below. Services may include, depending on the Service subscribed for, access to individual educators (“Educators”) who teach live online classes (“Classes”) and provide related instructional materials. Subscriptions may take the form of credits that are redeemed against access to individual Classes, and may be topped up from time by Corporate Subscribers or Parents.

Employers may subscribe for the Services on behalf of their employees and contractors (“Corporate Subscribers”). Parents may also subscribe directly for the Services, either independently or to supplement the subscription of their Corporate Subscriber. In each case, a subscription may be made by submitting an order for the Services in the form specified by Ciirve either through the Website or as otherwise provided for by Ciirve. The extent of access to the Services will depend on the subscription. Where User subscribe for a Service, the scope, duration, fees and additional conditions in respect of that subscription shall be set out at the time of subscription, and form part of our agreement with User. Subscriptions may take the form of credits that are redeemed against access to individual Classes, and may be topped up from time by Corporate Subscribers or Parents.

User acquire absolutely no rights or licenses in or to the website and any text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, audio, video, artwork, computer code, information, data and material therein (collectively, the "Content") other than the limited right to utilize the website and Content for User’s own personal, internal, non-commercial purposes in accordance with these Terms (and, where User is a Corporate Subscriber, for the benefit of its employees and contractors).

Class Recordings

Classes that take place through the Services are automatically recorded by Ciirve (“Class Recordings”). Ciirve values student and Educator privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are made available only to Ciirve and no one else. Ciirve may use Class Recordings to monitor Educator and participant behaviour in Classes for their safety and well-being if a subsequent investigation is ever required, and also and to provide and improve our Services, for customer support, and for compliance purposes. Ciirve retains Class Recordings for two years after the date of the applicable Class, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, Ciirve will also delete Class Recordings earlier than two years under the following circumstances: (a) upon the request of a User for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of Ciirve that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of Users (or children) for any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.

Restrictions on Use

User will not in connection with User’s use of this website and all content therein: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation, including without limitation those relating to competition or antitrust; (b) interfere with or disrupt the computer networks of Ciirve or attempt to do so; (c) forge headers or in any manner manipulate identifiers in order to disguise the origin of any information; (d) download, upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of Ciirve or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (e) interfere with or disrupt the use of the website by any other customer or user or reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, or any other customer of Ciirve, including any Ciirve account not owned by User; (f) probe, scan or test the vulnerability of the website or any network connected to the website or attempt to gain unauthorized entry or access to the computer systems of any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or Ciirve’s systems or networks, or any systems or networks connected to the website or to Ciirve; or (h) download, upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law.

User may not use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.

Unless provided otherwise in any addendum agreed to by us in writing, User hereby agree and acknowledge that User are expressly prohibited from: (i) making available all or any portion of the content to any other person or entity, except as expressly permitted in this Terms or in an addendum; (ii) creating derivative works from the content; and (iii) using the content in the provision of any services to third parties. In addition, User shall not distribute, transfer, sub-license, rent, lend, transmit, sell, re-circulate, repackage, assign, lease, resell, publish, copy, translate, convert, decompile, reverse engineer, alter, enhance, disassemble, modify, or change all or any portion of the content. Where User’s use of any Service includes interaction with any Educator, User agree to comply with the Ciirve Educator Policy (see below). Where User submit any Submissions, User agree to adhere to the Submissions Policy (see below).

User may download and use certain content that is purposely and expressly made available by Ciirve for downloading from the website (such as product sheets or articles), provided that User: (i) do not remove any proprietary notice or disclaimer language in any copies of such documents, (ii) use such information only for User’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any representations or warranties relating to same.

Content and Educators

Ciirve makes or may make Content made available through the website for User’s personal use, subject User’s having subscribed for that Content through the applicable Service. Content is produced by Ciirve and its Educators. Content made available by Users of the Ciirve service are called “Submissions”.

Ciirve is not responsible for editing, modifying, filtering, screening, monitoring, endorsing or guaranteeing any Content. Ciirve is not liable for any acts or omissions of Educators, or the accuracy or completeness of any Content or any Educator’s ability to provide answers. Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and User access all such information and content at User’s own risk. Ciirve is not liable for any errors or omissions in that information or content or for any damages or loss User might suffer in connection with it. Ciirve cannot control and has no duty to take any action regarding how User may interpret and use the Content or what actions User may take as a result of having been exposed to the Content, and User hereby release Ciirve from all liability for User having acquired or not acquired Content through the Services.

Content is to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional advice. Communications facilitated by the Services do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Services are limited and do not include safeguards and procedures typical of in-person evaluations and visits.

The website and Content are subject to modification by Ciirve to reflect statistical, technical, administrative, market based or other changes that Ciirve determines in good faith are required or desirable. Ciirve also may make changes to any products or services offered on the website, or to the applicable prices for any such products or services, at any time, without notice.

Sharing of Accounts

User expressly acknowledge and agree that User shall access and use the purchased Service solely and exclusively for User’s own individual learning purposes and shall not permit the Service to be disseminated, accessed or used by any third party. Ciirve may monitor usage of accounts, and is entitled to suspend with immediate effect, access to the Service or any part thereof if in its reasonable opinion User are in breach of the terms of usage. User accept full responsibility for the use and protection of access to the Service and Ciirve. shall be entitled to seek injunctive relief to enforce the provisions of usage relating to User’s purchased Service, but nothing herein shall preclude Ciirve. from pursuing any action or other remedy for any breach or threatened breach of the usage terms of the Service.

Delivery and Security

User shall solely be responsible for any and all necessary equipment and connections from User’s own computer systems to the Ciirve systems that will allow for access to the website and delivery of the Content. Ciirve shall have no responsibility for any such equipment or connections. User shall ensure that User have implemented security systems and procedures to prevent the unauthorized access to or misuse or disruption of the website or Content.

Intellectual Property

The ownership and intellectual property rights of the website including all Content, models, software, information, data, documentation, computer programs, systems, customizations, enhancements thereto, and the design, structure, selection, coordination, expression "look and feel" and arrangement of the Content, and enhancements, modifications or additional Content thereto shall be the sole and exclusive property of Ciirve (or the relevant affiliate of Ciirve or Educator,as the case may be) and User shall not: (i) copy such material for any purpose (including by reverse engineering) or disclose it to any third party for any purpose whatsoever; (ii) by act or omission infringe upon Ciirve’s intellectual property rights in the website or Content. User acknowledge that the website, was developed, compiled, prepared, revised, selected and arranged by Ciirve through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of Ciirve.

User hereby agree to use commercially reasonable efforts to protect the proprietary rights of Ciirve and/or Ciirve’s affiliates or the relevant Educator in the website and Content. User irrevocably agree and acknowledge that, as between User and Ciirve, the website and Content, as may be amended from time to time, is the sole and exclusive property of Ciirve, and shall not be considered works for hire. User shall honour and comply with all reasonable written requests made by Ciirve to protect its contractual, statutory and common law rights in the website and Content. User agree to notify Ciirve in writing promptly upon becoming aware of any unauthorized use of the website or Content or any claim that any or all of the website or Content infringes upon or constitutes any unlawful use of any copyright, database right, trade mark, or other proprietary, intellectual property, contractual, statutory or common law rights of a third party.

Trade Marks. User shall not use any of Ciirve’s trademarks, trade names or service marks in any manner, and in no event in a manner accessible by or available to any third party. User acknowledge that User have no ownership or license rights in or to any of these names or marks.

Copyright. The website and Content is protected as a collective work or compilation under Canadian copyright, UK copyright, U.S. copyright and other laws and treaties. All data, information, articles, columns and other elements making up the Content are copyrighted works and Ciirve hereby reserves all rights.

Copyright Infringement Claims. We respect the intellectual property rights of others, and require that the people who use the website do the same. If User believe that User’s work has been copied in a way that constitutes copyright infringement, please forward the following information to Ciirve using the contact information set out below:

Submissions. Where User submit or upload Submissions to Ciirve, the following terms shall apply. As between us and User, User are the owner of and retain all rights to User’s Submissions. User grant Ciirve a non-exclusive, worldwide, irrevocable, sub-licenseable, royalty-free, perpetual license to translate, modify, store, edit, display, perform, reproduce, distribute, deliver, market, promote, demonstrate, sell and otherwise make User’s Submissions available to other users of the Ciirve services and subscribers to Services. Also, User grant all other users of the Ciirve services a license to access User’s Submissions, and to use and exercise all rights in it, as permitted by the functionality of the Ciirve service, including reproducing such Submissions on personal devices. User hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submissions, or any portion thereof, or of User’s name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating and selling User’s Submissions, or any advertising or publicity relating thereto.

Privacy Policy. Please review the Privacy Policy, which also governs User’s visit to and use of this website.


Links to Third Party Websites and use of third party platforms. The website may contain links to websites or services of third parties, and certain classes may be hosted through third party platforms. Ciirve is not responsible for the content, performance or service of any linked website or third party service, even where the Classes are provided through those third party services. Where applicable, it is a Parent’s responsibility to register an account with such third party services in order to enable their child to participate in the applicable Class. In addition, a link to any non-Ciirve website does not imply that Ciirve endorses or accepts any responsibility for the content or use of such a website.

Log-in

User acknowledge that log-on access codes and passwords that are provided to User are for User’s use only and may not be shared. User shall ensure that User’s log-on access code and password is kept confidential. User agree to accept sole responsibility for the use and protection of the log-on access codes and passwords provided to User, including protecting the confidentiality of such passwords. User shall use commercially reasonable efforts to prohibit or cease any unauthorized access to the website or Content.

Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties. THE WEBSITE AND CONTENT PROVIDED TO USER BY CIIRVE SHALL BE ON "AS IS" BASIS. NEITHER CIIRVE, NOR ITS AFFILIATES OR EDUCATORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE WEBSITE OR CONTENT OR AS TO THE RESULTS TO BE ATTAINED BY USER OR OTHERS FROM THE USE OF THE CONTENT. USER HEREBY ACKNOWLEDGE THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND THAT IT HAS NOT RELIED UPON ANY WARRANTY, GUARANTY OR REPRESENTATION MADE BY CIIRVE OR ANY AFFILIATES OR EDUCATORS, EXCEPT THE REPRESENTATIONS MADE BY CIIRVE SPECIFICALLY SET FORTH IN THIS TERMS. WIHTOUT LIMITING THE FOREGOING, CIIRE ENGAGES EDUCATORS ON AN INDEPENDENT CONTRACTOR BASIS AND IS NOT RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY EDUCATOR. USERS IS SOLELY RESPONSIBLE FOR SATISFYING ITSELF ON THE SUITABILITY AND ACTIONS OF ANY EDUCATOR OR CLASS.

No Liability. NEITHER CIIRVE NOR ITS AFFILIATES OR EDUCATORS SHALL IN ANY WAY BE LIABLE TO USER FOR ANY INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE CONTENT PROVIDED HEREUNDER, FOR THE ACTS OR OMMISSIONS OF ANY EDUCATOR OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, CIIRVE SHALL HAVE NO LIABILITY WHATSOEVER TO USER, WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY USER AS A RESULT OF OR IN CONNECTION WITH ANY OPINIONS, RECOMMENDATIONS, FORECASTS, JUDGMENTS, OR ANY OTHER CONCLUSIONS, OR ANY COURSE OF ACTION DETERMINED, BY USER WHETHER OR NOT BASED ON THE WEBSITE, A EDUCATOR’S ACTS OR OMISSIONS, OR CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CIIRVE, ITS AFFILIATES OR ANY EDUCATOR HAVE ANY LIABILITY TO USER OR ANY THIRD PARTY ACCESSING THE WEBSITE AND/ OR THE CONTENT THROUGH USER, ARISING FROM CONTRACT (INCLUDING UNDER ANY INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER ANY WARRANTY (EXPRESS OR IMPLIED) UNDER STATUTE OR OTHERWISE, IN EACH CASE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WITH RESPECT TO THE SUBJECT MATTER OF THE TERMS, THE CONTENT AND / OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IN RESPECT OF ANY LOSS OF PROFITS, LOSS OF REVENUE, LOST BUSINESS, LOSS OF OPPORTUNITY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED OR ADVISED TO CIIRVE.

Indemnification

User will indemnify, defend and hold harmless Ciirve and its affiliates, directors, officers, agents employees, successors, assigns and all Educators, and each of their affiliates, directors, officers, agents, employees, members, partners, successors and assigns ("Ciirve Indemnitees") from and against any and all losses, liabilities, damages, costs (including reasonable attorneys’ fees) and expenses arising as a result of any claims, suits or proceedings (collectively, "Claims") brought by any third party against any Ciirve Indemnitees arising from User’s use of this website and/or Content.

Violation of these Terms

User agree that Ciirve may, in its sole discretion and without prior notice, terminate User’s access to the website or certain Content and/or block User’s future access to the website or certain Content if Ciirve determines that User have violated these Terms or other agreements or guidelines which may be associated with User’s use of the website. User also agree that any violation by User of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ciirve, for which monetary damages would be inadequate, and User consent to Ciirve obtaining any injunctive or equitable relief that Ciirve deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Ciirve may have at law or in equity.

User agree that Ciirve may, in its sole discretion and without prior notice, terminate User’s access to the website, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by User (self-initiated account deletions), (iii) discontinuance or material modification of the website or any service offered on or through the website, or (iv) unexpected technical issues or problems.

If Ciirve does take any legal action against User as a result of User’s violation of these Terms, Ciirve will be entitled to recover from User, and User agree to pay, all reasonable legal costs of such action, in addition to any other relief granted to Ciirve. User agree that Ciirve will not be liable to User or to any third party for termination of User’s access to the website as a result of any violation of these Terms.

General

Relationship between the Parties. There is no joint venture, partnership, agency or fiduciary relationship existing between the parties and the parties do not intend to create any such relationship by this Terms.

Invalidity. If any provision in or any part of this Terms shall be found to be illegal or unenforceable under any enactment or rule of law then that provision or part shall to that extent be deemed not to form part of this Terms and the remaining provisions shall continue in full force and effect.

Governing Law. User’s access to and use of this website are governed by and will be construed in accordance with laws of British Columbia, without regard to the principles of conflicts of laws of other jurisdictions. Each party submits to the exclusive jurisdiction of the courts of Vancouver, British Columbia for the purposes of determining any dispute arising out of the Terms, its construction or the transactions contemplated by it.

Ciirve Educator Policy.

Ciirve is not involved in the conversation between User and Educators. This policy governs User’s conduct when interacting with Educators:

  1. User’s access to Educators is provided solely for the purposes of the Service to which User have subscribed.
  2. User agree not to seek to engage a Educator in discussions outside of the Service.
  3. User will at all time engage with Educators in a polite manner and will not harass, threaten or seek to intimidate any Educator.
  4. User will respect the privacy of Educators.
  5. Emergency questions and crisis situations (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g., in the U.S., call 911). The Educators are not the appropriate individuals to deal with such questions or situations.
  6. User’s access to Educators may include access to individuals or entities who prepare specific answers (“Educator Answers”) to User’s submitted questions. Educators choose whether to answer User’s question at their own discretion.

Ciirve Submission Policy

  1. User’s Submissions are not private. Submissions are not private or confidential and may be read, collected, and used publicly by others. To better protect User’s privacy, do not include information regarding User’s identity or contact information in Submissions that User post or upload to the Services.
  2. User are responsible for User’s Submissions. User are fully responsible for all Submissions User contribute, in any manner, to Ciirve, and for the accuracy of the same, and User represent and warrant User have all rights necessary to do so, in the manner in which User contribute it, and that Ciirve shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of User’s Submissions in any and all media, whether now known or hereafter created, or have any liability to User or any third party as a result of any use of User’s Submissions as authorized in these Terms.
  3. User represent, warrant, and agree that User will not contribute any Submission that:
    1. Infringes or violates the intellectual property rights or any other rights of anyone else (including without limitation submitting copies made without the consent of the copyright owner, such as of testing materials, textbooks, instructor’s solution manuals, test banks, lecture notes, slide presentations, or related copyrighted works, in whole or in part).);
    2. Violates any Applicable Law;
    3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
    4. Jeopardizes the security of User’s Ciirve account or anyone else’s (such as allowing someone else to log on as User on the Services);
    5. Attempts, in any manner, to obtain the password, account, or other security information from any other User;
    6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
    7. Introduces any viruses, Trojan horses, or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any part of the Ciirve services;