1. The Site and Services

2. Eligibility to use the Site and Services

• Eligibility. The Services may be purchased only by individuals who can form legally binding contracts under applicable law. Except for the use of the Services by Students, the Services are not available to individuals under the age of eighteen (18) and/or to users who have had their Account temporarily or permanently deactivated. By signing up for an Account and/or using the Site or the Services, you represent and warrant that you are at least eighteen (18) years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms. Except for Students, your Account may be deleted and these Terms may be terminated without warning, if we believe that you are under the age of eighteen (18) or your use of this Site or the Services is not allowed.
• Assumption. For the purposes of these Terms, we have assumed that all Students are under the age of eighteen (18). Even though the Services are meant for Students, the use, operation and control of any Account and the Site and registration for any Services must be done by either a Teacher, Parent(s), or a School Administrator (as such terms are defined below) in accordance with the terms and conditions of these Terms.
• In addition, to use the Site, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use the Site. Your mobile network’s data and messaging rates and fees may apply, and you are responsible for such rates and fees.

3. Parent(s) and Parental Consent

• Parent(s). “Parent(s)” means the individual legal parent or guardian or both legal parents or guardians, who have the sole physical care, custody and control of their Child(ren) (as defined below), for which no judgment, order or decree has been made by any Court awarding the custody of their Child(ren) to any other person or in any other manner affecting the status of the right of the Parent(s) as legal parent(s) and/or guardian(s) of their Child(ren) and that the Child(ren) has not been emancipated.
• Parental Consent. The Parent(s), may, where authorized or permitted by law, and in accordance with the terms and conditions of these Terms, permit their child/children, who are indicated as Student/Students on their Family Account (as further described below) (“Child(ren)”) to use and/or participate in the Services, provided that such Parent(s) consent(s) to, supervises such participation, and remains at all time responsible for their Children’s use of the Services. Notwithstanding the foregoing, if a School Administrator supervises Students during certain Contests, the Parent(s) of such Student(s) are not required to supervise the respective Student(s) for the said Contest(s), but remain responsible for any other use of such Student(s)’ use of the Services. If a Parent(s) consents to their Child(ren)’s use of and/or participation in the Services, by providing such consent he/she/they is/are agreeing to be bound by these Terms in respect of their Child(ren)’s use of and participation in the Services and he/she/they understand that CMKC will rely on these Terms in providing the Site and the Services to the Parent(s) and their Child(ren). The Parent(s) shall guarantee the performance, by their Child(ren), of the terms and provisions of these Terms and represent(s) and warrant(s) that their Child(ren) will not disaffirm these Terms at any time. The Parent(s) shall agree to indemnify and hold CMKC and its Released Parties harmless from any and all damages, liabilities, costs or expenses of any kind or nature, including reasonable legal fees, which may arise from the breach by the Parent(s) and/or the Child(ren) of any of the provisions of these Terms, including, without limitation, their Child(ren)’s attempt to disaffirm or disavow these Terms on the ground of their Child(ren)’s minority or otherwise.
• Single Parent. If only one Parent (“Parent”) agrees to these Terms, then such Parent will be deemed to represent and warrant that said Parent has the exclusive authority to act on behalf of their Child(ren) and on behalf of the other Parent(s), insofar as all matters related to the Site, Services and these Terms are concerns and will indemnify and hold CMKC and its Released Parties harmless form any and all damages, liabilities, costs or expenses of any kind or nature including reasonable legal fees, which may be claimed by the other Parent(s), including, without limitation, any claim in any way related to their Child(ren) attempt to disaffirm or disavow these Terms on the ground of their Child(ren)’s minority or otherwise.

4. Privacy Policy and Additional Policies

• Privacy Policy. We will collect some of your and/or a Student’s personal information to create your Account. All personal information collected, used or disclosed through the Services is governed by our CMKC Privacy Policy located at https://mathkangaroo.ca/legal/privacy-policy/en (“Privacy Policy”). By using the Site, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
• Additional Policies. In addition, by using the Services, you agree to be bound by any additional policies, guidelines, instructions, agreements and/or rules communicated through the Site or other means (collectively, the “Additional Policies”). For example, we may post Additional Policies that specifically address your use of the Services. You agree to comply with such Additional Policies even if they are not identified in these Terms. The Additional Policies are incorporated by reference to these Terms.

5. Accounts; Registration Data; Account Security and Verifying Information

• Family Account. In order for a Student to have access to the Services (excluding the Samples), the Parent(s) must register for an account through the Site (“Family Account”). More than one Student can be registered on each Family Account. Upon registering for a Family Account, the Parent(s) who registered for a Family Account can do the following for their Child(ren): (i) register their Child(ren) for any Class and/or Contest (including completing payment thereof); (ii) consent to their Child(ren)’s participation in any Services, if and as registered by a Teacher or School Administrator (as further described below); (iii) obtain an Activity for a Child to complete; and/or (iv) manage each Child’s participation in and/or use of any of the Services, including, without limitation, viewing their Child(ren)’s participation history, score, answer sheets, percentage ranges and overall ranking in any Contests.
• Teacher and School Administrator Account.. A Student’s teacher (each a “Teacher” and collectively, the “Teachers”) and a school administrator who is able to host and supervise Contests at their school (each, a “School Administrator”) are also able to apply for an account through the Site (“Teacher Account” and “School Administrator Account” respectively, and together with the Family Account, the “Accounts”, each, an “Account”). Upon a Teacher’s or School Administrator’s completion of the application process on the Site, CMKC, in its sole discretion, acting reasonably, shall determine whether the Teacher or the School Administrator is eligible to be registered for a Teacher Account or a School Administrator Account respectively, and therefore use the Services, in accordance with these Terms. CMKC may request certain information or additional information to confirm the Teacher’s and/or School Administrator’s status, as required by CMKC, at its sole discretion. Upon a Teacher or a School Administrator being registered for a Teacher Account or a or School Administrator Account accordingly, the Teacher and/or the or School Administrator shall be able to register any Student, to participate in any Contest, subject to the terms and conditions of these Terms. For clarity, Teachers may only register to contests Students to whom he/she is connected with through the Services (as described below).
• Connection of Teacher to Student. A Teacher can be connected to a Student: (i) through an invitation by the Parent(s) to connect to their Child(ren); or (ii) by the Teacher requesting to connect to a certain Student. In order for a Parent(s) to invite a Teacher to connect to their Child(ren), the Teacher must provide the Parent(s) (outside of the Site) with his/her unique ID, which the Teacher can find through his/her Teacher Account. The Parent(s) can then invite the Teacher, through their Family Account, to connect to their Child(ren). Upon the Teacher’s acceptance of such invitation, which is done through the Teacher’s Account, the Teacher can then register such Student for any Contests, in accordance with the Terms. In order for a Teacher to request a connection to a Student, the Parent(s) must provide the Teacher (outside of the Site) with his/her Child(ren)’s unique ID, which the Parent(s) can find through his/her Family Account. The Teacher can then request, through their Teacher Account, to be connected to a Student. Upon the Parent(s) acceptance of such request, which is done through their Family Account, the Teacher can then register such Student for a Contest(s), in accordance with the Terms. A Teacher must and shall be responsible, outside of the Site, for obtaining the Parent(s) written consent prior to registering any Student for a Contest. If CMKC learns that a Teacher did not obtain such parental consent, the Student may be withdrawn from such Contest and the Teacher may have his/her Teacher Account suspended and/or terminated. A Teacher’s connection to a Student shall only be active for one (1) year from when such connection is made (a “Term”) and such Term can be renewed/extended, provided the Teacher and the Parent(s) repeat the connection process as set out in this subsection (c). A Parent(s) shall be entitled to terminate a Teacher’s connection to their Child(ren) at any time, for any reason, during the Term, through their Family Account on the Site.
• Limitation of Teacher Account. During a Term, the Teacher can (a) register the Student to whom he/she is connected to for a Contest(s); (b) manage such Student’s activity with respect to each Contest that the Teacher registered the Student; and (c) see the Results and Proceeds for such Student for each Contest that the Teacher registered the Student, which shall include the Student’s answer sheets, score, percentage ranges and overall ranking for each Contest for which the Teacher registered the Student.
• School Administrators Obligations and Restrictions. A School Administrator can (a) search for Students using their Student ID, (b) manage such Student’s activity with respect to each Contest that the School Administrator registered the Student; and (c) see the Results and Proceeds for such Student for each Contest that the School Administrator registered the Student, which shall include the Student’s answer sheets, score, percentage ranges and overall ranking for each Contest for which the School Administrator registered the Student. The School Administrator represents and warrants that they shall not register any Student to any Contest or access the Student’s Results and Proceeds without consent by the respective Student’s Parent(s). The School Administrator agrees to (a) collect any required consents by the respective Student’s Parent(s) via any means, including printed or online signed forms from the respective Parent(s); (b) maintain such proof of consent in compliance with applicable laws, including privacy laws; and (c) share such proof of consent with CMKC, if and when requested by CMKC.
• Registration Data and Account Security. You can browse the Site and access Samples without registering for an Account. When and upon registering for an Account, you agree to (i) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You may not impersonate any other person while using the Site and/or Services. CMKC will not be liable for any loss or damage from your failure to comply with this obligation. You may not allow other persons to use your Account and you agree that you are the sole authorized user of your Account. You shall at all times be responsible and liable for all activities conducted through and related to, and items obtained through, your Account, including, without limitation, all Activities which may be done and/or Classes and Contests which may be participated in by your Child(ren) or each Student to whom you are connected to in accordance with these Terms, as the case may be.
• Verifying Information. You may be required to submit to CMKC additional information, either when registering for an Account or thereafter (“Verifying Information”). Upon submission of such Verifying Information, you authorize CMKC to request, receive, use and/or store such information. Where permitted, CMKC has the right, but not the obligation, to undertake screenings, checks, and processes designed to check your Verifying Information.on.

6. Fees, Refunds, Donations, Promotional Offers and Discounts

• Fees. You can register for an Account without the payment of any fees. There may be fees associated with some or all of the Services offered (“Fees”). Fees may apply and/or vary depending on the type of Service being offered. All Fees will be shown on the Site. If there are Fees associated with a particular Service, in order to register a Student for such Service, you will be required to pay the associated Fees. Upon registering for any Service, through your Account, you expressly acknowledge that you accept the Fees associated with such Service. Any Fees shall be determined by CMKC in its sole discretion and may change at any time, in CMKC’s sole discretion (e.g. the Fees paid for one Student may vary from the Fees paid for another Student for the same Service, depending on when each Student is registered for such Service). Notwithstanding the foregoing, once you register and pay for a Service for a Student, the Fees paid, if any, for such Student, shall not change. You are responsible for all taxes applicable to any Fees and any other charges in any applicable jurisdiction. We may refund any Fees paid in accordance with our Cancellation/Refund Policy.
• Donations. In addition to the payment of Fees for Services, you shall also be able, but not obligated, to make donations to CMKC through the Site (“Donations”).
• Promotional Offers and Discounts. CMKC may from time to time provide you with promotional offers and discounts, including, without limitation, a discount on Fees for bulk registration for any Services by a school (“Bulk Registrations”). A Teacher, School Administrator, Parent(s), Student or the school by whom a Teacher or the School Administrator is employed/to which a Student attends may be eligible for a bursary that can be applied towards the Fees (“Bursaries”). Please contact us info@mathkangaroo.ca to inquire about Bulk Registrations and/or Bursaries.
• Payment. CMKC facilitates the payment of Fees and Donations through the Site. All Fees, Donations and any other amounts charged to you, as permitted in accordance with the Terms, shall be charged to your credit/debit card. You acknowledge and agree that we use third-party payment processors for all credit/debit card charges, and you authorize CMKC to use your credit/debit card information, Registration Data, Account information as well as any additional information as may be necessary to facilitate payment of any Fees and/or Discounts. Please contact us at info@mathkangaroo.ca if you have any questions about our third-party payment processor(s).

7. Ownership, Copyright and Trademarks

• The Site, the Services, the Content (as defined below) and any other software used to create and/or operate the Site, the Services and/or the Content is the property of CMKC or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, the Services, the Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site, the Services and/or the Content are the property of their respective owners.

8. License to Use the Site, Services and Content, License Restrictions and Restricted Activities

• Content. n these Terms, (i) the material (in whatever form), information, content and lessons provided by CMKC, its employees, independent contractors, representatives, partners, agents and/or other third parties, either through the Site or otherwise, as part of the Services; and (ii) other content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.
• License. CMKC grants to you a revocable, non-exclusive, non-sublicensable license to use, access and view the Site, Services and Content in accordance with these Terms (“License”).
• License Restrictions and Restricted Activities. Other than as expressly permitted in these Terms, the Site, the Services, the Content and the License are subject to the following restrictions and terms:
  • The Site, Services and Content are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through these Terms, the Site and the Services.
  • You may not make or distribute copies of the Site, Services and/or Content.
  • You may not alter, merge or translate the Site, Services or Content or decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form.
  • You may not modify or create derivative works based on the Site, Services or Content.
  • You may not use the Site, Services or Content for application or website deployment or ultimate production purpose.
  • You may not use the Site, Services or Content to develop any program, class, presentation, lesson, material, contest, application or website having the same or similar primary function as the Site, Services and/or Content.
  • You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
  • You may not otherwise use the Site, Services or Content other than for its intended purpose as specified therein and in these Terms.
  • You may not (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person, or carry any weapons.
  • Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the License granted in this Section, these Terms and your Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
  • Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The License granted in this Section, or any part thereof, is revocable by CMKC at any time.
  • Your use of the Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law, including without limitation privacy laws.
  • You may not perform any act, nor permit any act to be performed by a third party, that would harm, or in any way negatively affect or diminish the CMKC’s intellectual property or other proprietary rights in or to the Site, Services and/or Content or any other rights in law or equity of CMKC.
  • You may not provide information or act in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, hateful or illegal.
  • You may not (i) index, scrape “data mine”, survey or in any way reproduce or circumvent the navigational structure or presentation of the Site; (ii) link directly or indirectly to any other websites, applications or services.
  • You may not transfer or sell the Content (as applicable), your Account, password and/or identification to any other party.

9. Use of Student Footage, Likeness and Results and Proceeds

• Use of Footage, Likeness and Results and Proceeds. Unless otherwise agreed to through the Family Account or during the Account creation, the Parent(s) hereby irrevocably grant to CMKC and its affiliates and subsidiaries the universal and perpetual, non- exclusive, royalty-free, transferable right to take still-photographs, audio recordings and/or videos of their Child(ren) in connection with their participation in or use of the Services (collectively, “Footage”). Subject to the Parent signifying otherwise during their Account creation or through the Family Account, the Parent(s) hereby irrevocably consent to CMKC and its affiliates and subsidiaries use, display, exhibition, exploitation, reproduction, distribution of and their ability to publish, modify, adapt, translate and create derivative works from (i) the Footage; (ii) their Child(ren)’s name, school in which they are in attendance, grades, academic award(s) received (if any) and/or actual or simulated likeness (collectively, “Likeness”); and/or (iii) the results and proceeds of their Child(ren)’s participation in and/or use of the Services, including without limitation, their Child(ren)’s answer sheets, scores, award(s) received (if any) and overall ranking (including percentile range) in a Contest (collectively, the “Results and Proceeds”) in any and all manner and media whatsoever, now known or hereafter devised, throughout the universe, in perpetuity, including, without limitation, in print and illustration, on CMKC’s social media accounts, the Site (including to any Teacher to whom the Child(ren) is connected to in accordance with the Terms) and any and all promotional materials (including without limitation, publicity, press releases, press coverage, advertising and web content), which may be used now and/or in the future by CMKC. The Parent(s) can email CMKC at info@mathkangaroo.ca at any time to revoke their consent for the use by CMKC of the Footage and/or Likeness relating to their Children.
• Representations and Warranties. The Parent(s) hereby represents and warrants that: (i) he/she/they own and control all of the rights to the Footage, Likeness and Results and Proceeds, or otherwise have the lawful right to post and distribute the Footage, Likeness and Results and Proceeds, in the manner as described in this Section; and (ii) the use and posting or other transmission of the Footage, Likeness and/or Results and Proceeds does not violate these Terms.
• Release and Indemnity. The Parent(s) hereby releases CMKC and its Released Parties from all Claims (as defined below) of any and all nature whatsoever arising out of or in connection with the exercise of the rights granted in this Section, including, without limitation, from any and all liability and/or claims for violation of rights of privacy, infringement of right of publicity, defamation, any other personal and/or property rights, and/or any similar right. The Parent(s) hereby indemnify CMKC and its Released Parties from and against any and all claims or allegations of any nature whatsoever respecting the Footage, Likeness and Results and Proceeds.

10. Security of the Services

11. Third Party/Open Source Software

12. Third-Party Service Providers

13. Third-Party Partners and Independent Contractors

14. Linked Sites

15. Advertisements and Promotions

16. Disclaimer

17. Waiver of Liability, Limitation of Liability and Indemnity

• Waiver of Liability. You waive and shall not assert any claims or allegations of any nature whatsoever against CMKC, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site and/or your and/or your Child(ren)’s/Student you are connected to in accordance with the Terms use of and/or participation in, as applicable, the Services, the Samples and/or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Site, the Services, the Samples and/or the Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your and/or your Child(ren)’s/Student you are connected to in accordance with the Terms, use or other exploitation of the Site, the Services, the Samples and/or the Content. You use the Site and allow your Child(ren) to use and/or participate in, as applicable, the Services and/or the Content at your own risk.
• No Indirect, Etc. Damages. Without limitation of the foregoing, neither CMKC nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or participation in the Site, the Services and/or the Content, including without limitation any damages caused by or resulting from your reliance on the Services, the Site or other information obtained from CMKC or any other Released Party or accessible via the Site and/or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to CMKC, any user or Student or any other Released Party’s records, programs or services.
• Limitation of Liability. In no event shall the aggregate liability of CMKC, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or participation in, as applicable, the Site, the Services and/or the Content exceed any amount paid by you in registration for any Services during the three (3) months prior to the date of any claim, if any.
• Indemnity. You shall defend, indemnify and hold harmless CMKC and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings (“Claims”) arising out of your use of the Site, the Services and/or the Content and from (i) the use of and/or participation in (as applicable) the Site (although prohibited), the Services, and/or the Content by your Child(ren), any Student you are connected to in accordance with the Terms and/or any person to whom you give access to your Account; (ii) CMKC’s use of the Footage, Likeness and/or Results and Proceeds; or (iii) your violation of the rights of any third party. Notwithstanding the foregoing, Teachers and School Administrators shall defend, indemnify, and hold harmless CMKC and the other Released Parties from any Claims arising from their failure to (a) obtain the required consents from Parents, as described in these Terms; and (b) comply with applicable law, including without limitation privacy laws.

18. Termination and Modification of License and Site Offerings

• Termination. Notwithstanding any provision of these Terms, CMKC reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (i) terminate your license to use the Site, the Services and/or the Content, or any portion thereof; (ii) block or prevent your future access to and use of all or any portion of the Site, the Services and/or the Content; (iii) change, suspend or discontinue any aspect of the Site, the Services, the Samples and/or the Content; and (iv) impose limits on the Site, the Services, the Samples and/or the Content.
• Modification. CMKC reserves the right to change or modify any of the terms and conditions contained in these Terms, or any additional policies, guidelines, instructions, agreements and/or rules applicable to the Site, the Services and/or the Content, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data or on your Account, and we will post a notice on your Account page or elsewhere on the Site visible to you the next time you access the Site. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site or your Account, as applicable, and your continued use of the Site and/or the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any Additional Policies to understand the terms and conditions that apply to the use of the Site, the Services and/or the Content. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended terms and conditions of the Terms, you must stop using the Site and Services. If you have any questions about the Terms, please email us at the contact address below.

19. Communications

20. Applicable Law and Venue

• Governing Law. The Site and Services are controlled by CMKC. You and CMKC both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and CMKC explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
• Dispute Resolution. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (i) these Terms; (ii) the Site, Services or Content; (iii) oral or written statements relating to these Terms or to the Site, Services or Content; or (iv) the relationships that result from these Terms, the Site, Services or Content (collectively, a “Dispute”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against CMKC related to any Dispute and, where applicable, you also agree to opt out of any class proceedings against CMKC. If you have a Dispute, you should give written notice to arbitrate at the address specified below. If we have a Dispute, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
• Court. To the extent arbitration as described in the immediately preceding subsection (b) is prohibited by applicable law, you agree that all Disputes will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

21. Termination of Terms

22. Miscellaneous

23. Questions and Comments