K NETWORK CONSULTING INC.
TERMS OF USE
K NETWORK CONSULTING INC. D/B/A HATCH CANADA (“HATCH”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.HATCHCODING.COM (“WEBSITE”) AND THE “SERVICE”. THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO ENROLL AND/OR PARTICIPATE IN A COURSE, CAMP OR WORKSHOP, INSTRUCTORS, PARENTS OF STUDENTS ENROLLED FOR A COURSE, USERS WHO UPLOAD/DOWNLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO GENERATE CONTENT VIA THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY HATCH FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE AND SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF USE.

IF YOU ARE REGISTERING WITH US ON BEHALF OF A SCHOOL OR SCHOOL BOARD AND YOU REQUIRE AUTHORIZATION FROM YOUR SCHOOL TO USE THE SERVICE AND TO PROVIDE US WITH PERSONAL INFORMATION ABOUT STUDENTS, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED SUCH AUTHORIZATION AND YOU AGREE TO INDEMNIFY US FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF YOUR NON-COMPLIANCE.

IN ORDER TO REGISTER FOR THE SERVICE, YOU MAY BE REQUIRED TO PROVIDE HATCH WITH CERTAIN PERSONAL INFORMATION, INCLUDING PERSONAL INFORMATION ABOUT YOUR CHILD OR STUDENTS (AS APPLICABLE). ALL PERSONAL INFORMATION WILL BE TREATED IN ACCORDANCE WITH OUR PRIVACY POLICY, THE TERMS OF WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF OUR PRIVACY POLICY, DO NOT USE THIS WEBSITE OR THE SERVICES OR REGISTER A STUDENT FOR A HATCH COURSE.

1. The Service. Hatch Canada provides courses, camps and workshops (“Hatch Course”) in the Greater Toronto Area that teaches children ages 7-17 how to write computer code via project based learning. Certain summer camp courses also have the option for students to make and program robots. All Hatch Courses are taught by trained instructors (“Instructors”) who have experience working with children and who have undergone a Vulnerable Sector Check (the “Service”).

2. Registration.

a. Camp/Course Registration. If you are a parent or legal guardian registering your child (“Student”) for a course, camp or workshop, you will be required to provide the following information in order to register the Student for a Hatch Course: your name, home phone number, mobile phone number, email address, mailing address, Student’s name, age and school. You will also be required to select a location where your child will attend the Hatch Course from the list of locations on the registration page. If you are registering the Student for a camp, you must indicate the dates the Student will be attending, whether the Student is attending a full or half day camp, and your payment plan. If you are registering a Student for one of the Hatch weekly courses, you will be required to select the day of the week, time of the lesson, the date of the first class and your payment plan (see further details in the Payments section below).

b. Lunch/After-School Registration. If you are a school registering for a Hatch Course for your Students, you will be required to collect the Student registration information from Students and/or their parents or legal guardians. You are solely responsible for obtaining consent from each Student’s parent or legal guardian to (a) participate in a Hatch Course; and (b) collect, use and disclose Students’ personal information in accordance with the Hatch Privacy Policy.

c. In School Registration. If you are a school registering for a Hatch Workshop or Course for your Students, you will be required to collect the Student registration information to create individual logins. We collect and store the student login credentials created with only students first name and last initial. We will use this personal information in accordance with the Hatch Privacy Policy.

All personal information provided in the registration process, including personal information about students, will be treated in accordance with the terms of the Hatch Privacy Policy, which you should read carefully. By registering a Student in a course, you hereby acknowledge that you have read and understood our Privacy Policy, and consent on your own behalf and on behalf of each Student you register for a Hatch Course, to our collection, use and disclosure of personal information in accordance with the terms of our Privacy Policy.

3. Parental Waiver and Release. When Your register a Student for a Hatch Course, you will also be required to provide consent to our use of the Student’s photograph and likeness in accordance with the Hatch Waiver and Liability Release form, found here. You must consent to the terms of the Waiver and Liability Release Form before the Student will be permitted to commence a Hatch Course.

4. Accounts.

a. Student Accounts. Once Students are registered for a Hatch Course, we will create a student account (“Student Account”) by assigning each Student a username and password. We will store each Student’s name, username, password, email address, school and parent/legal guardian’s information in connection with a Student Account. Students will log-in to the account to complete coursework and assignments, and we will track Students’ progress through the course work.

b. Customer Account. When you register, you will be required to create a customer account (“Customer Account”) for the purpose of facilitating future transactions and purchases via the Website.

5. Fees and Payments.

a. Individual Fees; Payments. If you are a parent or legal guardian registering a Student for a Hatch Course you can pay for the course through the Website. The prices for the Hatch Courses are listed on the course and camp registration pages respectively. Camp fees are payable upfront in advance. Fees for the weekly courses are on a subscription basis, as set forth on the course registration page. If you are registering a Student for a weekly program, the first payment is will be charged to your credit card when you register a Student for a Hatch Course. The second payment will be automatically charged thirty (30) days after the Student’s first class, and thereafter the payments will be automatically charged to the credit card associated with Your account every thirty (30) days during the term of the subscription. Payments must be made by way of valid credit card, submitted to our third party payment processor, Stripe.

b. School Payments and Invoices. If you are a school registering for the Services, we will invoice you directly. Schools are solely responsible for recovering from Students and their parents or legal guardians, any fees associated with providing the Hatch Course to such Students.

c. Taxes. The Fees are exclusive of tax and You are solely responsible for the payment of any and all applicable taxes, including, without limitation, sales tax, goods and services tax, value-added tax, and any other applicable federal, provincial or local taxes, duties and levies arising in connection with your purchase of a Hatch Course.

6. User Content. Except for the Website, Services, the Curriculum Content (as defined in Section 10 below), and any other materials provided to You by Hatch, all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, including Student work product (including projects, code, software, programming, assignment results, exam and test results, and any other materials created by Students), whether publicly posted or privately transmitted to the Website by Users, or created or generated by Students in course of participating in a Hatch Course (“User Content”), is the sole responsibility of such Users. This means that the User, and not Hatch, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by participating in a Hatch Course and/or using the Service. Hatch does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Hatch be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of viewing or using of any materials posted, emailed, transmitted or otherwise made available via the Service.

7. Restrictions on User Content and Use of the Service. Hatch reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

In using the Website, participating in a Hatch Course or otherwise using the Services, You shall not and shall not permit or encourage any other person to:

a. copy any content unless expressly permitted to do so herein;

b. upload, post, email, transmit or otherwise make available any material that:

i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. You do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
vi. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

c. impersonate any person or entity or misrepresent their affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;

e. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

f. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

g. collect or store personal data about other users or viewers;

h. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or

i. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

8. License of User Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Hatch will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

9. End User License. Except for User Content and Curriculum Content (defined below and subject to the license terms set forth in Section 10), this Website, and the information and materials that it contains, are the property of Hatch and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Hatch grants you a non-transferable, non-exclusive, license to use the Website and content contained therein for your classroom use (the “End User License”). Nothing in the Terms gives you a right to use the Hatch or Hatch names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement.

10. Curriculum Content License. Hatch offers Students access to curriculum content for Hatch Courses that is the property of the property of Hatch and its licensors, including without limitation, lesson plans, assignments, course materials, tests, assignments, worksheets, online course materials, projects and project plans and other content and materials associated with the same (“Curriculum Content”). The Curriculum Content is protected by copyright and protected by law from unauthorized copying and dissemination. Subject to the terms of this Agreement and the payment of any applicable fees, Hatch grants to Students a non-transferable, non-exclusive, license to access, use and copy the Curriculum Content (the “Curriculum Content License”) solely to the extent necessary to participate in, and complete, the Hatch Courses.

11. Curriculum Content Restrictions. In accessing and using the Website and Curriculum Content, participating in a Hatch Course and/or otherwise using the Service, you shall not:

a. Distribute, lease, rent, assign or otherwise transfer any of the Curriculum Content to any third party without the prior written consent of Hatch;

b. Remove any proprietary notices, labels or marks from the Curriculum Content or modify, alter, or deface any of the trade-marks, service marks or other intellectual property made available as part of the Curriculum Content in any form, or use any of the foregoing except for the specific purpose for which such intellectual property is made available to you;

c. Bundle the Curriculum Content in other products for re-sale, or generally use the Curriculum Content for any other commercial purposes without the prior express written permission of Hatch;

d. Make derivative products or materials or resources from the Curriculum Content; or

e. Use the Curriculum Content to develop or derive consulting or other courses, educational materials or services that are similar or and/or competitive with the Hatch Courses and Services provided by Hatch.

12. Feedback. If You provide Hatch with any suggestions, comments or other feedback relating to any aspect of the Website, the Hatch Courses and/or Service ("Feedback"), Hatch may use such Feedback in the Website or in any other Hatch products or services (collectively, "Hatch Offerings"). Accordingly, You agree that: (a) Hatch is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Hatch, (c) Hatch (including all of its successors and assigns and any successors and assigns of any of the Hatch Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Hatch Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Hatch or any of the other users of the Website in respect of the Feedback.

13. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN, INCLUDING THE CURRICULUM CONTENT, ARE PROVIDED "AS IS." WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY PARTICULAR RESULT OR OUTCOME AS A RESULT OF REGISTERING A STUDENT FOR A COURSE OR OTHERWISE USING THE SERVICES. STUDENT SUCCESS IN COMPLETING A HATCH COURSE WILL DEPEND ON A VARIETY OF FACTORS INCLUDING STUDENT’S REGULAR ATTENDANCE, WILLINGNESS, AND TIMELY COMPLETION OF ASSIGNMENTS, AMONG OTHER THINGS

HATCH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, INCLUDING CURRICULUM CONTENT, IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. HATCH DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND HATCH SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. HATCH WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS.

14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL HATCH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE; OR (VI) ANY LOSSES INCURRED AS A RESULT OF STUDENT’S PARTICIPATION IN A HATCH COURSE (INCLUDING WITHOUT LIMITATION, LOSSES ARISING DUE TO STUDENT’S FAILURE TO ATTEND, PARTICIPATE IN OR COMPLETE THE HATCH COURSE AND COURSE WORK), UNLESS SUCH LOSSES ARE DIRECTLY ATTRIBUTABLE TO HATCH’S NEGLIGENCE. THESE LIMITATIONS SHALL APPLY EVEN IF HATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HATCH’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50 CAD) OR (B) AMOUNTS YOU’VE PAID HATCH FOR THE PARTICULAR HATCH COURSE THE STUDENT WAS PARTICIPATING IN AT THE TIME THE LOSS AROSE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

15. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD HATCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH: (I) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU OR YOUR CHILD THROUGH THE SERVICE; (II) ANY INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND ANY OTHER USER OR BETWEEN YOUR CHILD AND ANY OTHER STUDENT OR USER; AND/OR (III) ANY VIOLATION BY YOU OF THESE TERMS OF USE, THE RIGHTS OF ANY THIRD-PARTY OR ANY APPLICABLE LAW OR REGULATION.

16. Termination. Hatch may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website, Curriculum Content, Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Hatch (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Hatch and misuse or misappropriation of the Curriculum Content), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website and Services (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by Hatch in its sole discretion and that Hatch shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by Hatch shall be in addition to any and all other rights and remedies that Hatch may have.

17. Availability & Updates. Hatch may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Hatch may periodically add or update the information and materials on this Website without notice.

18. Security. Information sent or received over the Internet is generally unsecure and Hatch cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Hatch will not be liable for any loss or damage arising from your failure to comply with these requirements.

19. General. These Terms of Use, together with our Privacy Policy constitutes the entire agreement between the parties relating to the Website and Service and all related activities, including participating in a Hatch Course. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by Hatch. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Hatch to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Hatch must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Hatch’s prior written consent. We may assign these Terms of Use without restriction. These Terms of Use are governed by the laws of the Province of Ontario without regard to its choice of laws provisions. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Service, please contact us at: hatch@hatchcoding.com

Effective Date: July 27, 2016.