Terms of Use

This Terms of Use and User Agreement (‘Agreement’) affects your rights and should be read carefully. This Agreement was last modified on June 24, 2010. This Agreement with School-Day Solutions Inc. (‘School-Day’ ‘we’ ‘us’ ‘our’) applies to the use of the School-Day communications and payment service accessed by the Internet (hereinafter referred to as ‘school-day.com’ or ‘Service’). In this Agreement, ‘you’ or ‘your’ means any person or entity using the Service.

By using the Service, you agree to the terms and conditions of this Agreement and all documents incorporated in this Agreement by reference. If you do not agree to be bound by these terms and conditions, you should not use or access our services.

1. Use of Service

(A) Use of the Service is granted to legally authorized parents and guardians of students, account holders, and their designees (‘Authorized Users’) to access information and make payments to the school accounts of such students using this Service, but the Service is not available to minors (under 18), persons who are suspended from our Service or persons who present an unacceptable level of credit risk.

(B) Authorized Users may use the Service to view account information, transaction history information and make payments as allowed by this Agreement.

(C) By using the Service, Authorized Users authorize School-Day, their designees, and the student's school to share information in connection with operation of the Service. You warrant that information provided by you does not violate the rights of any third-party or any agreement or obligation you have.

(D) Your use and access of School-Day.com (including submission of information and use of the Service) shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent; (iii) violate the terms of your agreement with your credit card company. You agree that you will not use any device, software, or routine to bypass any security feature, or to interfere or attempt to interfere with the proper working of our website, the Service, or any activity conducted on our website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. If you use, or attempt to use the Service for purposes other than as allowed in this Agreement, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

2. Payments to Schools

(A) You may make payments by using a credit card (Visa, MasterCard or American Express). The student's school receives the proceeds of all payments less any convenience fees associated with the transaction. Use of payments at the student's school is governed exclusively by your agreement or arrangement with the school, and we are not responsible for the school's handling of Payments after the school receives the funds.

(B) Payment processing shall be performed by a third party that is compliant with the payment card industry data security standards (PCI compliant). The designated third-party payment processor will collect credit card information from you. School-Day shall not store or have any access to your credit card information during the payment process.

(C) Payments shall be processed promptly for the student's use. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received by the school. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system. If you have any questions regarding Payments, please contact us.

(D) You agree to pay for the Services in accordance with the agreement between you and your credit card company and this Agreement. You agree that we are only a provider of the Service, and we are not a bank or financial institution. We are not a trustee, escrow agent, or fiduciary, and we do not owe you any duty other than to perform the Service according to the terms and conditions of this Agreement.

3. Fees and Charges

(A) Other than the receipt of payments made by you (less applicable fees charged by us) neither the school board, the school nor any individuals employed by the school board profit from this Service.

(B) You may be required to pay a fee for your use of this Service. If you are required to pay a fee, you will be notified prior to finalizing your payment. You will be notified of the exact amount of the fee prior to making your payment, and you will be allowed to cancel your transaction at no charge.

4. Refunds

The Service only involves transferring payments to the school's account for the benefit of the student and, once payment has been made from us to the school, there are no refunds. If you or the student are not satisfied with any good or service purchased with a Payment, you agree to resolve the issue with the student's school and to hold us and our designees, employees, agents, and affiliates harmless for all claims, costs, damages and expenses arising out of or related thereto.

The methods for refunds are determined solely by the school and/or school board, and you agree to not seek refunds from School-Day. If you would like a refund of any Payment amount that has not been used by the student to purchase goods or services, you must contact the student's school directly.

5. Requirements

The Service may only be accessed by the Internet. It is your responsibility to meet these requirements.

(A) Use by the Internet. Use of the Service by the Internet (a) requires access to the Internet, (b) requires Microsoft Internet Explorer 6.0 or later (c) and may require other associated hardware and/or software.

(B) A unique password must be created by you to enter the Service. You shall be responsible for protecting the confidentiality of your user password and should not permit any other person to use your password. School-Day is not responsible for breaches of confidentiality when usernames and passwords are shared.

6. Disclaimer of warranties; limitation of liability.

A) The service is provided on an ‘as is’ and ‘as available’ basis. School-day solutions makes no warranty and disclaims liability that the service will be uninterrupted, error free or free from viruses or other defects or harmful components. school-day solutions does not make any warranty as to the results that may be obtained from use of, or as to the accuracy, reliability or content of any information or service provided through the service. School-day solutions makes no warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose.

(B) Except as specified herein, we will make reasonable efforts to insure that your requests for electronic transactions are processed in a timely manner. Other than for foregoing sentence, neither school-day, its designees, employees, agents, or affiliates will be liable for any claims, losses, actions, damages or injury resulting from any failure of performance of the facilities, error, omission, inaccuracy, interruption, defect, untimeliness or unauthenticity of any information, delay or interruption in operation or transmission, interception of traffic sent or received, communication line failure, security breach, eavesdropping, theft or destruction or unauthorized access to, alteration of, or use of information, or the use of the service.

(C) In no event will school-day solutions, its designees, employees, agents, or affiliates be liable for any punitive damages, or any indirect, incidental, special, consequential or similar damages arising out of the use of or inability to use the service.

7. Privacy

School-Day may collect information about you and your use of the Service. Use and disclosure of such information is governed by our Privacy Policy, as the same may change from time to time, which is posted on the School-Day website. By using the School-Day Service, you agree to the terms of our Privacy Policy and the use and disclosure of your information as outlined therein, and our Privacy Policy is incorporated into this agreement.

8. Termination

You may terminate this Agreement at any time by providing written notice to us. School-Day may immediately terminate this Agreement without notice, including, but not limited to, if you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach this Agreement. Sections 6, 7, 8, 10 and 11(C) will survive termination of this Agreement.In addition to such other remedies as we may otherwise have, if you breach this Agreement, we have the right to withhold your funds to offset our damages or to ensure the integrity of the funds.

9. Trademarks

School-Day, the School-Day logo, products and services described in the Website are trademarks or registered trademarks of School-Day Solutions Inc.The School-Day website, www.School-Day.com, is the property of School-Day Solutions Inc. and may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The content and the selection, coordination, arrangement and enhancement of such content, are the property of their respective owner. You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works or, in any way exploit, any of the content in whole or in part.

10. Indemnification

You agree to defend, indemnify and hold School-Day and its affiliates, and any respective officers, employees, agents and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys' fees, arising out of or resulting, directly or indirectly, from any act or omission by you or the student with respect to the Service, a Payment or the student's school.

11. Miscellaneous Terms

(A) Entire Agreement. This Agreement, other agreements, policies and any operating rules posted on the website constitute the entire agreement between you and us with respect to your use of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

(B) Change in Terms. School-Day reserves the right at any time to change, add to or delete any aspect or feature of the Service and the terms and conditions of this Agreement, including, but not limited to, with respect to fees for use, which change will be effective after being posted on the School-Day website. We will provide notice of any such changes by posting notice to the website or as otherwise required by law. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such changes.

(C) Applicable Laws. This Agreement is governed by the laws of the Province of Ontario without regard to its conflict of laws provisions.

(D) Waiver. Any waiver of our rights must be in writing and signed by a duly authorized officer of School-Day Solutions Inc. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

(E) Partial Invalidity. If any provision of this Agreement shall be held invalid or unenforceable by competent authority, such provision shall be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.

(F) Assignment. You may not transfer any rights or obligations under this Agreement without prior, written consent at our sole discretion. We reserve the right to transfer this Agreement or any right or obligation hereunder without your consent.

(G) Notices and Communications. To the fullest extent permitted by applicable law, this Agreement, and any other agreements, notices or other communications regarding your use of the Service (‘Communication’) may be provided to you electronically and you agree to receive Communications from us in electronic form. Electronic Communications may be posted on the pages within our website and/or delivered to your e-mail address, whether or not actually received by you. All notices will be deemed received 24 hours after the message was sent, if no ‘system error’ or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing. You may print a copy of any Communications and retain it for your records.

H) Arbitration. Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as School-Day may determine, in any and all actions, disputes, or controversies relating hereto. These provisions and any rules, policies or guidelines posted on this website by School-Day constitute the entire agreement between School-Day and you with respect to the subject matter hereof. No waiver by either School-Day or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that these provisions and all documents relating thereto be drawn up in English.

(I) Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Service must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.

(J) Waiver of Class Action Rights. By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this Agreement must be asserted individually.

(K) Expiration of Service. If you fail to use the Service for twelve (12) consecutive months, your authorization may expire and your information may be deleted. If your authorization is deactivated, you must re-register to use the Service.

(L) Assignment of Rights. School-Day may assign, transfer or delegate its rights and/or obligations under this Agreement to a successor by merger or sale of substantially all of the assets of School-Day or more than 50% of the voting stock of School-Day.

If you have questions regarding School-Day’s Terms of Use Agreement, please contact our Client Relations Representative at paula.wilhelm@school-day.com.