Terms of service
Effective date: January 1, 2022
OVERVIEW
Welcome to toddl.co. Please read these Terms of Service (the “Agreement” or “Terms”) carefully, as they contain the legal terms and conditions that govern your use and access of the website, https://www.toddl.co (the “Site”). This Agreement governs your use of toddl.co and constitutes a legally-binding agreement between each user (“you” or “your”) and TODDLDOTCO, S.L. d/b/a toddl.co (“we,” “us,” “our,” or the “Company”; collectively with “you” or “your,” the “parties”). By simply accessing or using toddl.co, including just browsing our Site, you are agreeing to our Terms, so please read carefully! If you do not agree to these Terms or any other policies, including our Privacy Policy, do not access or use toddl.co. If you have any questions about this Agreement please contact us at info@toddl.co.
USING TODDL.CO
Acceptance
By using (or even just browsing) our Site or uploading data or information to toddl.co (“Content”), you’re agreeing to the Terms and our associated Privacy Policy. If you don’t agree with the Terms, please refrain from using our Platform.
Eligibility
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use toddl.co. If you are under 18 years old and would like to use toddl.co, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
By using toddl.co, you represent and warrant that you meet all eligibility requirements outlined in these Terms. We reserve the right to refuse to let certain people access or use toddl.co and the right to change our eligibility criteria.
You can only use toddl.co to the extent the laws of your jurisdiction do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.
Providers
If you plan to use toddl.co or any of toddl.co’s software tools (“Software Tools”) for any commercial purposes, i.e. if you are an independent provider of children’s classes and activities, a venue, or other third party (individually a “Provider,” collectively the “Providers”) your use of the Platform is subject to our Business Terms of Service.
YOUR PRIVACY
We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Platform, and it’s also a part of our Terms, so please carefully read it here.
YOUR ACCOUNT WITH TODDL.CO
Creating an Account
On toddl.co, we allow various Providers to post individual classes, semester-long classes, camps, and other children’s activities (each an “Activity” and collectively “Activities”) for you and your child to enjoy. You don’t need to create an account on toddl.co in order to browse through our Activities. However, if you want to view a specific Activity, or sign-up for an Activity through toddl.co, you may need to create an account.
toddl.co powers Providers registration, check-out and payments systems. To book a class, you will be adding your account information to the Provider’s contacts as well as to toddl.co. To place an order on a provider’s site who we partner with, you will be adding your name, email, child’s name, birthdate, address, primary phone, credit card as well as other information requested by the Provider. This information is stored in the toddl.co database. If you use the same account to purchase a class at another provider within the toddl.co ecosystem, all information may be accessible to the other provider (except your credit card details).
In order to create an account on toddl.co, you’ll need to provide us with your email address, phone number, and username. You may also be required to provide your child’s name and birthday, as well as your address and billing information for any payments. By creating an account, you’re agreeing to a few common sense rules and acknowledgements:
Be honest with us. By creating an account, you’re agreeing to provide accurate and complete information about yourself. It’s not ok to use false information or impersonate another person or company through your account.
Be respectful. We’re trying to build a supportive community. Therefore, we ask that you respect others in the community. This will allow our community to continue to flourish. If we find out that you are negatively impacting the experience of fellow toddl.co users, we reserve the right to terminate your account.
You’re responsible for your account. You’re solely responsible for any activity on your account. Your accounts are not transferable. If you’re sharing an account with other people (e.g., if you’re booking classes on behalf of children other than your own), the person whose email information is on the account will ultimately be responsible for all activity.
Email Communication
By creating an account with toddl.co, you automatically opt in to receive email communications regarding toddl.co. Some of those emails may relate to Activities that you register for on toddl.co. Other emails may be promotional in nature. While you cannot opt-out of transactional emails—such as order confirmations, invoices, and specific communication about your classes—if you book an Activity, you can opt-out of receiving our promotional emails by clicking an unsubscribe link found at the bottom of our promotional emails.
Passwords
You’re responsible for safeguarding the password that you use to access toddl.co and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Please contact info@toddl.co to answer any questions you have about signing up for and registering an account with toddl.co.
No Agency Relationship
By creating an account with toddl.co, or using our Platform, you are not creating an agency, partnership, joint venture, employment, or franchisee relationship with our Company. You further acknowledge that by registering for an Activity through toddl.co, no confidential, fiduciary, contractually implied, or other relationship is created with us other than pursuant to these Terms.
BILLING AND PAYMENT
Payment
By booking a class or Activity on toddl.co you are responsible for paying any and all
applicable fees for the Activities, as indicated on toddl.co at the time of
registration.
Price Changes
We reserve the right to adjust our prices at any time. If we ever need to change our prices, we will let you know either through toddl.co or by email.
OTHER FEES
Fees Charged by Providers
Some of our Providers may charge equipment or other amenity fees for Activities. You are responsible for paying those fees directly to the respective Provider when you attend the Activity, unless otherwise notified beforehand.
THIRD PARTY SERVICES AND CONTENT
We often utilize links and other tools to connect users to third party services and websites, such as Providers, advertisers, special offers, classes, camps, or other events or Activities that are not owned or controlled by toddl.co (individually a “Third Party Service,” collectively the “Third Party Services”). We have no control over the content and policies of these Third Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use Third Party Services through toddl.co are solely responsible for complying with the terms and policies of these third parties.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.
PROTECTED MATERIALS
It has taken a significant effort to build toddl.co and our Platform contains copyrighted material, trademarks, and other similar proprietary information provided by or through us, our employees, agents, licensors, or other toddl.co Parties (defined below) (collectively, “Proprietary Information”). Our Proprietary Information is protected by copyright law, registered and unregistered trademarks, database rights, and other intellectual property rights. Unless otherwise provided, we exclusively own all Proprietary Information and your use of toddl.co does not grant you any right, title, or interest in the Platform.
YOUR USE OF TODDL.CO
Subject to your strict compliance with these Terms, we grant you a limited, personal,
non-exclusive, revocable, non-assignable and non-transferable right and license to use
the toddl.co Platform to view or register for Activities.
The above license is conditional upon your strict compliance with these Terms at any and all times during your use of toddl.co and the common sense ground rules outlined below.
Don’t Use toddl.co to Break the Law
You agree that you will not violate any laws when using toddl.co. This includes any
local, provincial, state, federal, national, and international laws that may apply to
you. Don’t commit fraud, theft, or any other crimes against toddl.co, a Provider, or any
third-party.
Don’t Steal from Us
You agree not to “crawl,” “scrape,” or “spider” toddl.co or to reverse engineer or
attempt to obtain our source code or data.
Don’t Try to Harm Our Systems
You agree not to distribute any virus or other harmful computer code through toddl.co,
including viruses, Trojan horses, spyware, adware, malware, bots, time bombs, worms, or
other harmful or malicious components, which or might overburden, impair or disrupt
toddl.co or servers or networks forming part of, or connected to, toddl.co, or which
does or might restrict or inhibit any other user's use and enjoyment of toddl.co.
Don’t Alter Legal Notices
You agree not to alter or remove, or attempt to alter or remove, any trademark,
copyright or other proprietary or legal notices contained in, or appearing on, the
Platform or any Content appearing on the Platform (other than your Content).
Respect our Trademark
The name “toddl.co” and other trademarks, service marks, phrases, logos and designs
that we use in connection with our Platform are protected and you are not permitted to
use them without our permission or unless otherwise indicated.
TERMINATION
We may terminate or suspend your account and your access to toddl.co at any time, for
any reason, without advance notice. If we do so, it’s important to understand that you
don’t have a contractual or legal right to continue to use our Platform. toddl.co may
refuse to allow anyone to use the Platform, at any time, for any reason.
If we terminate your account, you must immediately stop using toddl.co and you agree not to attempt to regain access to our Platform without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
If you terminate your account, or if we terminate your account, you may lose any information associated with your account, including your Content.
WE MAY DISCONTINUE TODDL.CO
We reserve the right to change, suspend, or discontinue toddl.co at any time, for any
reason. We will not be liable to you for the effect that any changes to the Platform may
have on you and you may not be able to recover any Content that you posted to
toddl.co.
WARRANTY AND LIMITATIONS OF LIABILITY
You understand and agree that we have no control over, and no duty to take any action
regarding: What Providers you access via our Platform; What Activities you register for
or try to register for; or What actions you may take as a result of your exposure to or
use of toddl.co; or What may occur during your participation in any Activities booked
through toddl.co.
You release us from all liability related to your use of toddl.co, including any liability resulting from Activities, any content posted on your toddl.co account, or any Providers you interact with. We make no representations concerning any content contained in or accessed through our Platform and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through toddl.co by our users or Providers.
Warranties
You understand and agree that using toddl.co is at your sole risk and we make no
representations or warranties with respect to toddl.co, the accuracy or completeness of
any information or materials published on toddl.co, including any information or
materials related to Activities or Providers or any other Software referenced in this
agreement, all of which are provided “as is” and “as available.” To the fullest extent
permissible pursuant to applicable law, we disclaim all warranties, express, implied, or
statutory, including any warranties of title, non-infringement, merchantability, fitness
for a particular purpose, availability, accuracy, completeness, security, compatibility,
reliability, or otherwise, with respect to all such Software.
We do not and our Officers, Directors, Representatives, Agents, Servants, Counsel, Employees, Consultants, and other Personnel authorized to act, acting, or purporting to act on our behalf (the “toddl.co Parties”) do not warrant that toddl.co will be error-free or that defects with toddl.co will be corrected. Moreover, you expressly agree that your use of this site and any third-party software on toddl.co is at your own risk. The toddl.co parties do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a Provider or third party through toddl.co or any hyperlinked services featured in any banner or other advertising.
No advice or information, whether oral or written, obtained from us will create any warranty not expressly made herein.
To the fullest extent permissible pursuant to applicable law, attendance at or
participation in any Activities made available through toddl.co is solely at your own
risk. In no event shall the toddl.co parties be liable for any act, error, or omission
by any Provider or other third party, including, without limitation, any act, error, or
omission which arises out of or is any way connected with your attendance or your
child’s attendance, use of, or participation in any Activity made available through the
platform, or the performance or non-performance of any Provider in connection with the
platform. We are not an agent of any Provider or other third party.
In the event that you have a dispute with a Provider, you agree to release the toddl.co Parties from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We expressly disclaim any liability that may arise between you and Provider.
We explicitly disclaim all liability for any act or omission of any Provider or other third party.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will we or any of the toddl.co Parties be liable to you for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise, even if toddl.co has been advised of the possibility of such damages. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
Our liability to you is limited to the amounts, if any, paid by you to us under this agreement in the three months immediately prior to the event first giving rise to the claim, whichever is greater. The foregoing limitations will apply to the maximum extent permitted by applicable law, regardless of whether we have been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
These limitations apply regardless of legal theory, whether based on tort, strict liability, breach of contract, breach of warranty, or any other legal theory, and whether or not we were advised of the possibility of such damages.
You specifically acknowledge that we and the toddl.co Parties shall not be liable for content or the defamatory, offensive, or illegal conduct of any Provider or third party and that the risk of harm or damage from the foregoing rests entirely with you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply.
INDEMNIFICATION AND RELEASE
You understand that we are not a Provider and any Activities listed on toddl.co are operated and delivered by the respective Providers. Although we hope Providers only offer the highest quality Activities, we are not responsible for the quality, substance, or performance of any of the Activities listed on the Platform. You understand that there are certain inherent risks and dangers in attending or participating in the Activities listed on toddl.co. By signing up for a toddl.co account and registering for an Activity you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm to you or your child. You acknowledge and agree that it is your responsibility to consult with your child’s primary care physician prior to participating in an Activity and to determine whether an Activity is appropriate for your child. You also understand and agree that toddl.co may offer child-related information that is designed for informational, educational, and entertainment purposes only. The use of any of the information provided on toddl.co is solely at your own risk.
To the fullest extent permitted by law, you agree to release, defend, indemnify, and hold harmless the toddl.co Parties from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, obligations, losses, costs, debts, and liabilities arising out of or in any way related to: (i) your use of toddl.co; (ii) you or your child’s attendance or participation in any Activity made available through toddl.co, including with respect to bodily injury, physical harm, illness, death or property damage; (ii) your violation of any terms of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; or (iv) your violation of any law, rule or regulation, or the rights of any third party.
GOVERNING LAW
This Agreement shall be governed by, subject to, and interpreted in accordance with
applicable laws, without regard to conflict of laws principles. You waive any objection
based on lack of personal jurisdiction, place of residence, improper venue, or forum non
conveniens in any such action.
NOTICE
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing toddl.co in an unauthorized manner. You acknowledge that under this Agreement by using toddl.co you are deemed to have received any and all notices that would have been delivered had you accessed toddl.co in an authorized manner.
NOTIFICATION PROCEDURES AND CHANGES TO THESE TERMS
We reserve the right to revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. We also reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. By continuing to access or use the Platform after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using toddl.co.
FORCE MAJEURE
We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike, or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
NO WAIVER
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
SEVERABILITY
If any provision or term of this Agreement shall be determined to be invalid, void, or unenforceable under any rule, law, or regulation or any governmental agency, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
ASSIGNMENT
You agree that we may assign any of our rights, and/or transfer, sub-contract, or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof, and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
HEADINGS
All headings and titles in these Terms are inserted only as a matter of convenience, and in no way define, limit, extend or interpret the scope of these Terms or of any particular paragraph or section thereof.
CONTACT INFORMATION
For more information about our Terms of Services, if you have questions, or if you
would like to make a complaint, please contact us by email at
info@toddl.co or by mail
at the address below:
TODDLDOTCO, S.L.
Carrer d'Enric Giménez 18 bis
Barcelona, 08034
Spain
Effective date: January 1, 2022
