Last updated on January 31st, 2025.
These Terms are a binding contract between you and Swaddle Inc. (“Swaddle”). Your access and use of the Swaddle website at https://www.swaddle.info (the “Website”) and/or the Swaddle Mobile Application (“App”), constitute your acceptance of these Terms and Conditions (“Terms”) in their entirety. If you do not agree with any of these Terms, or the documents they refer to, you may not access or view the Website.
You represent and warrant that you are an individual of legal age to form a binding contract.
If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
If you do not agree with any of these Terms, or the documents they refer to, you may not access or view the Website in any manner whatsoever.
Use of the Swaddle Website and App
Your usage of the Website and App is at your own risk, and Swaddle will not be liable for any damage you suffer as a result of such use. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to Swaddle at any time.
Should you download the App, Swaddle grants you a revocable, non-exclusive, non-transferable, non-sublicensable and limited license to access and use the App within the province(s)/state(s) in which you reside and where you request Swaddle’s services to be rendered.
Personal Data and Privacy
Swaddle is committed to protecting and respecting your privacy, and will only use any personal information submitted in conformity with all applicable laws and regulations, and in accordance with the https://swaddle.info/privacy-policy/ (the “Privacy Policy”). By using the Website and/or the App, you agree that Swaddle can use your personal data in accordance with the Privacy Policy.
Services, Fees and Payments
Services, fees and payments shall be governed by the Swaddle Master Service Agreement (“MSA”), accessible https://swaddle.info/swaddle-master-service-agreement/.
Your Account with Swaddle
You will need an account and password to access the App and Swaddle’s services or to provide childcare services via Swaddle as a Swaddler.
You must protect the security of your account and your password. You acknowledge that you are solely responsible for (a) protecting your password and limiting access to your devices and (b) the activities that happen on or through your account with Swaddle.
No Warranties
The Website and App are provided “AS IS”, without any representations or warranties, express or implied.
Without prejudice to the generality of the foregoing paragraph, Swaddle does not warrant that:
- The Website or the App will be constantly available, or available at all; or
- The information on the Website or App is complete, true, accurate or non-misleading.
Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall Swaddle, its affiliates, or any of their respective officers, directors, managers, employees, independent contractors, agents, servants, contractors, licensors, parents, subsidiaries, shareholders, owners, members (each a “Swaddle Party”) be liable to you (whether under the law of contact, the law of torts, negligence or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website or the App:
- For any direct loss;
- For any indirect, special or consequential loss;
- For any punitive, incidental, exemplary or similar damages;
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
- For any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our Website, App or your account with Swaddle, or the information contained therein;
- For any errors, mistakes, omissions or inaccuracies;
- For any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website or App, or any information, materials, goods and services provided by our affiliates, licensors, clients or other third parties;
- For any unauthorized access to or use of servers Swaddle uses and/or any and all personal information stored therein;
- For any interruption or cessation of transmission to or from the servers Swaddle uses;
- For bugs, viruses, Trojan horses, spyware or the like that may be transmitted to or through the servers Swaddle uses by any third party; and/or
- For loss or damage incurred as a result of the use of our Website or App, content or any information, materials, goods and services provided by our affiliates, licensors, clients or other third parties.
In no event shall any Swaddle Party be liable to you for any claims in an amount exceeding the amount Swaddle received from you hereunder during the three (3) months preceding the claim giving rise to such liability or CAD$100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Swaddle has been expressly advised of the possibility of such damage or loss. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary based on the applicable jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
Intellectual Property and Confidentiality Rights
This Website and App may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof
(hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Website, shall be the exclusive ownership of Swaddle.
You may use the content of the Website and the App only for the purpose of using the Website and/or the App as provided and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Swaddle’s prior written permission. All rights not expressly granted herein are hereby reserved by Swaddle.
Any unauthorized use of the materials appearing on this site may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.
Other Parties
You accept that Swaddle has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against any Swaddle Party in respect of any losses you suffer in connection with the Website or the App.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect all Swaddle Parties.
Swaddle shall not be responsible, directly or indirectly, for any third-party technology, ads, links, information or content hosted on the Website or the App. Swaddle has not reviewed all of the sites linked to the Website or the App and is not responsible for the contents of any such linked site or application. The inclusion of any link does not imply endorsement by Swaddle. Use of any such linked website or application is at your own risk. Before you act on information you have found on or through the Website or the App externally, confirm any facts that are important to your decision.
You hereby release each Swaddle Party from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or our Website or App including but not limited to damages relating to any bugs, viruses, Trojan horses, spyware or the like that may be transmitted to you through our Website or App by third parties and/or any damages relating to viewing or interacting with illegal third-party content that may be found on our Website or App.
Indemnification
You agree to defend, indemnify and hold harmless all Swaddle Parties from and against any and all claims, actions, suits, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (collectively “Claims”) arising out of or relating to: your use of and access to our Website and/or App; your violation of any term of these Terms, including without limitation your breach of any representations and warranties herein; your violation of any third-party right, including without limitation any right of privacy or Intellectual Property; your violation of any applicable law, rule or regulation. Swaddle may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
Waivers
Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Severability
If any provision of these Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms.
Changes to the Terms and Conditions
Swaddle reserves the right to change these Terms. In case of change, Swaddle will use its best effort to bring it to your attention by placing a notice on the Website and/or App, and/or by other means, but you are responsible for knowing what the current Terms are.
You will no longer be able to use the Website and the App if you do not agree with the new Terms. Your continued use of the Website and/or the App in any way after a change to the Terms is effective means you agree to the change.
Assignment
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you. Swaddle may assign our rights under these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Governing Law
You and Swaddle agree to resolve any disputes between you and Swaddle related to these Terms through binding and final arbitration instead of through court proceedings. You and Swaddle each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Swaddle relating to these Terms, the Website and/or the App. In addition, you agree to waive the right to participate in a class action or litigate on a class-wide basis. You agree that you have expressly and knowingly waived these rights.
These Terms shall be governed and construed in accordance with the laws of Quebec, Canada, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with the rules of the Canadian Arbitration Association (“CAA Rules“) by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in Montreal, Canada in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees.
The foregoing choice of law and forum shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Contact Us
You may contact us at contact@swaddle.info
SWADDLE INC.
237 rue Baffin, Dollard-des-Ormeaux (Québec) H9G2X4, Canada.
