Kibog Inc’s Web Site Terms & Conditions

Agreement between User and Kibog Inc.

Kibog.com is owned and operated by Kibog Inc. ("Kibog.com", "Kibog", or "we"). This web site, along with the kibog.com mobile site and mobile and tablet applications is intended for personal, non-commercial use. This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of kibog.com and its third-party suppliers or providers including, without limitation, the family entertainment centers, tutors and lessons providers, camps providers and other suppliers that provide children related or other services through this Site (such third parties collectively referred to as the "Kids Service Providers"). Before submitting an account registration form and/or using any of these services, Please read all of this agreement carefully. By accessing any areas of this site, user ("users" or "you") agree to be legally bound without limitation, qualification, or change and to abide by these terms and condition, which will constitute our agreement ("Agreement"). If at any time you do not agree with any part of this Agreement, you must discontinue use of this site. Kibog.com reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services or when you participate in promotions available on kibog.com. Kibog herein, by reference, its Privacy Policy.

Without limitation of any other provisions of this agreement, you may not use this site for any purpose that is unlawful or prohibited by this agreement and/or any application additional terms. Your access to this site may be terminated immediately in kibog.com's sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or addition terms, or for any other reason, or no reason

I. GENERAL TERMS AND CONDITIONS

  1. Arbitration and Dispute Resolution
    1. Disputes and Arbitration

      Kibog is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section.

      You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the Kibog websites and/or any of its related applications or services (the "Site"); any dealings with our customer service agents; the purchase, use, or performance of any services or products available through this Site; any representations made by Kibog; or our Privacy Policy (collectively, "Claims") by providing Notice to Customer Support as described in section I.A.2.b below. If we are unable to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

      These Terms and Conditions shall be governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. All Claims or other matters in dispute between you or any Third-party (as defined in paragraph K above) and Kibog, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall likewise be governed by the laws of the Province of Ontario, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.

    2. Limitation on Claims

      Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.

    3. Mandatory Arbitration

      Please read this provision carefully. It requires that any and all claims must be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. These limitation apply to any claims against Kibog, its subsidiaries or affiliates, or any services providers or companies offering products or services through the sites.

      In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. The arbitrator's decision will generally be final and binding, with no right of appeal. Arbitration procedure are simpler and more limited than court procedures.

      1. By using this Site, you, any Third-party (as defined in paragraph K above), and Kibog agree that any Claim, including claims regarding the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the Canadian Arbitration Association ("CAA") and conducted before a single arbitrator pursuant to the then applicable Rules and Procedures established by CAA ("Rules and Procedures"), except that, pursuant to subsection (e) below, under no circumstances may any claim be brought or arbitrated as a class action or be joined with another person's claim, or proceed on a basis involving claims brought on a purported representative capacity (either on behalf of the general public or other users or persons). This agreement applies to, and includes, any and all Claims, including any Claims that arose prior to entering this agreement.

      2. As an exception to arbitration, you, any Third-party, and Kibog retain the right to pursue in a small claims court located in the federal judicial district that includes your or the Third-party's billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis. All Claims you or a Third-party bring against Kibog, its subsidiaries or affiliates, or any service providers or companies offering products or services through the Site must be resolved in accordance with this Disputes and Arbitration Section. All Claims filed or brought contrary to this Section shall be considered improperly filed and void. b. If you decide to seek arbitration, you must first send, by certified mail, a written Notice of Dispute ("Notice") addressed to: Legal Department, Kibog Inc., 2165 Parkmount Blvd, Oakville, ON L6H 6T4 ("Notice Address"). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If Kibog and you, or Kibog and any Third-party, do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you, or the Third-party, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, any Third-party, or Kibog is entitled. In order to initiate arbitration, you can contact the Canadian Arbitration Association via details found at https://canadianarbitrationassociation.ca/contact/

      3. The arbitration shall be held at a location determined by CAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you, or any Third-party asserting a Claim), or at such other location as may be mutually agreed upon.

      4. To the extent that any Claim is held not to be subject to arbitration and proceeds in a Court other than small claims court, such Claim shall be filed in the Burlington Provincial Courthouse in the Province of Ontario. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is not subject to the arbitration provision and not pursued in small claims court, and agree that any such claim shall be resolved individually, without resort to any form of class action (as described more fully in section I.A.2.e below). You further agree that any and all Claims or other matters asserted in such dispute, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of Canada and the Province of Ontario, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.

      5. You and any Third-party further agree that no proceeding against Kibog, its subsidiaries or affiliates, or any service providers or companies offering products or services through the site (Under this provision or otherwise) may proceed as a class action, be joined with another person's claim, or proceed on a basis involving claims brought in a purported representatives capacity (Either on behalf of the general public or other users or persons). Any and all proceedings to resolve claims will be conducted only on an individual basis. In addition, no arbitration proceeding under this provision shall be consolidated or joined in any way with any other arbitration proceeding without the express written consent of all parties.

      6. For any arbitration involving Claims that together seek damages that do not exceed $25,000, Kibog will reimburse you for all fees and costs imposed by CAA. If you are unable to pay the filing fee, Kibog will pay it for you. For any arbitration involving Claims that together seek damages that exceed $25,000, if you, or any Third-party, prevail in the arbitration of any Claim against Kibog, Kibog will reimburse such prevailing party for any fees or costs the prevailing party paid to CAA in connection with the arbitration.

      7. If you prevail in the arbitration of any Claim against Kibog and are awarded an amount greater than Kibog’s last written settlement offer to you, Kibog will pay a minimum recovery of $5,000, and Kibog will reimburse you for all reasonable attorney's fees incurred in arbitrating the Claim(s) upon which you have prevailed. If any Third-party prevails in the arbitration of any Claim against Kibog and is awarded an amount greater than Kibog’s last written settlement offer to such Third-party, Kibog will pay a minimum recovery of $5,000 to the Third-party, and Kibog will reimburse such Third-party for all reasonable attorney's fees incurred in arbitrating the Claim upon which he or she has prevailed. Any dispute regarding attorney's fees to be paid pursuant to this paragraph will be decided by the arbitrator who decided the underlying Claim. If you or the Third-party do not prevail on the claim or prevail but are awarded an amount less than or equal to Kibog’s last written settlement offer to you, Kibog will pay only the amount of the award, not the minimum recovery or attorneys' fees.

      8. Notwithstanding any other provision of law or any of the Rules and Procedures established by CAA which may be to the contrary, Kibog will not be entitled to seek reimbursement of its attorney's fees for any Claim the arbitrator finds to be non-frivolous.

      9. With the exception of sub-part (e) above (the class action waiver), if any part of this arbitration provision is held to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by CAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) above (the class action waiver) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Third-party, nor Kibog shall be entitled to arbitrate their dispute.

      10. Arbitration rules and forms may be obtained from CAA at https://canadianarbitrationassociation.ca/ or by calling CAA at (416) 362-8555 or 1-800-856-5154.

      11. If you or any Third-party do not choose to accept this binding arbitration provision, you or such Third-party must notify Kibog in writing by certified mail within thirty (30) days of your purchase or before you begin to use the services purchased on this site, whichever date is sooner. Such notice shall be sent to the notice address defined in subsection (b), above. If you so notify us by that time that yoy do not accept the binding arbitration provision, you and any such Third-party may not continue to purchase services or products on this site unless and until priceline notifies you or such Third-party otherwise. Kibog shall have the right to prohibit your and such Third-party's future purchase of services or products on this site.

  2. Copyright Notice and Claims of Copyright Infringement

    You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of kibog.com and the Service Providers or in some instances, licensed by kibog.com or the Service Providers. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the Canadian Copyright Act or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.

    CLAIMS OF COPYRIGHT INFRINGEMENT

    If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

    1. A clear identification of the copyrighted work you claim was infringed.

    2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.

    3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

    4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

    5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed".

    6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Notices with respect to this Site should be sent to us by any of the following methods: Email to copyright@kibog.com, by mail to the address below, or by phone at the number below:

    Kibog Inc.
    Attn: IP/Trademark Dept
    2165 Parkmount Blvd
    Oakville, ON Canada L6H 6T4
    Phone: (416) 848-3829

    We will review and address all notices that comply with the requirements above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

  3. Trademark Notice

    "KIBOG.COM", "SEARCH, BOOK AND RELAX", as well as additional marks not mentioned here, are registered service marks of kibog. Other product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of kibog or a third-party. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.

  4. Acceptable Use/License

    Kibog grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, price and availability of services), as well as the infrastructure used to provide such content and information, is proprietary to kibog and/or its Service Providers (Family Entertainment Centres, Tutors, Lessons Providers, Camp Providers and other providers). Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your reservation (and related documents) for parties, lessons and camps or services purchased through this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:

    1. Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of kibog;

    2. Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;

    3. Take any action that imposes, or may impose, in the discretion of kibog.com, an unreasonable or disproportionately large load on the kibog.com infrastructure;

    4. Deep-link to any portion of this Site (including, without limitation, the purchase path for any services) for any purpose.

    5. Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this Site, or any postings which advocate illegal activity;

    6. Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;

    7. Deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;

    8. Deliver or provide links to, any postings containing defamatory, false or libelous material.

    9. Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;

    10. Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;

    11. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

    12. Use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;

    13. Attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or

    14. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.

    You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a "Request") and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

    Kibog reserves the right to cancel any reservation or any other transaction that it reasonably believes to have been fraudulently made including, by unauthorized use of a credit or debit card.

  5. Accounts, Security, Passwords

    You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you may be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. You agree to notify kibog.com immediately of any unauthorized use of your account. Kibog.com is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

  6. Your Account

    You may (but are not required to) create an account with Kibog through the Kibog.com Site (“Account”) in order to use the Services or to make purchase (as applicable). However, you must have an Account in order to make a reservation/booking and make payments. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the kibog registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify kibog of any unauthorized use of your Account or any other breach of security related to your use of the Services.

  7. Technical Requirements

    Use of the Kibog.com and it online services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of kibog’s online services, including from any notifications provided by kibog and the Service Prov iders. Kibog does not guarantee that its services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the kibog.com Site, and some features and portions of the Kibog.com Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

  8. Modifications to Services

    Kibog reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Kibog.com Site, kibog Application, Service Providers, and/or Merchants. Kibog shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Site and related services. Continued use of the site and the services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

  9. Use Restrictions

    The SIte and Kibog Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Kibog expressly reserves all its rights and remedies under applicable state and federal laws. Kibog reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services.
    You agree not to (and not to allow any third party to):

    1. Use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Kibog Content, except as expressly authorized by Kibog.
    2. Take any action that imposes or may impose (in Kibog’s sole determination) an unreasonable or a disproportionately large load on the Services or Kibog’s infrastructure.
    3. Utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services.
    4. Rent, lease, copy, provide access to or sublicense any portion of the Services or Kibog’s Content to a third party.
    5. Use any portion of the Services or Kibog’s Content to provide, or incorporate any portion of the Services or Kibpg’s Content into, any product or service provided to a third party.
    6. Reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Kibog).
    7. Modify any Services or Kibog Content or create any derivative product from any of the foregoing.
    8. Remove or obscure any proprietary or other notices contained in the Services or Kibog Content.
    9. Use the Services or Kibog Content for any illegal purpose.
    10. Publicly disseminate information regarding the performance of the Services or Kibog Content or access or use the Services or Kibog Content for competitive analysis or benchmarking purposes.
  10. Export Control

    You may not use, export, or re-export any Kibog Application or other aspects of the Site or Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, Canadian, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a Canadian and U.S. Government embargo or that has been designated by the Canadian and U.S. Government as a “terrorist supporting” country and that you are not listed on any Canadian and U.S. Government list of prohibited or restricted parties.

  11. Termination

    Kibog may suspend your ability to use all or any element of the Kibog.com SIte or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Kibog may suspend your access to the site if we believe you to be in violation of any part of this Agreement (including any Kibog Policies) or, with respect to Users of the Payment Services, if we receive excessive chargebacks on the debit or credit card associated with your Account. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that Kibog shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the site at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Kibog will have no liability whatsoever.

  12. Reviews, Comments, Communications, and Other Content

    The site may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Service Providers and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings of your own business, or any business of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Kibog reserves the right (but has no obligation) to monitor, remove, or edit User Content in Kibog’s sole discretion, including if User Content violates this Agreement (including any Kibog Policies), but you acknowledge that Kibog may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Kibog a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Kibog takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.

  13. Release.

    Service Providers and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Service Provider or Merchant or from any product or service of any Service Provider or Merchant. You hereby release the Kibog Parties from any and all such Claims.

  14. Privacy Policy

    You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by kibog.com and/or its Service Providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy and the terms of our Service Providers' privacy policies. To the extent permitted by law, Kibog.com makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Kibog.com will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

  15. Disclaimer of Warranties

    All content, including software, product, services, information, text and related graphics contained within or available through this site are provided to you on an "As is," "As available" basis. KIBOG.COM makes no representations or warranties of any kind, either express or implied, as to the operation of this website or this information, content or materials included on this website. To the fullest extent permissible, KIBOG.COM disclaims all representations and warranties of any kind, either express or implied, including, but not limited to, the implied warraanties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infridgement of the rights of Third-parties. KIBOG.COM does not warrant or make any representation that this site will operate error-free or uninterrupted, that defects will be corrected, or that this site and/or its servers will be free of viruses and/or other harmful components. KIBOG.COM does not warrant or make any representations regarding suitability, availability, accurancy, reliability, completeness, or timeless of anyy material of any kind contained within this site for any purpose, including software, products, services, information, text and related graphics content.

    KIBOG.COM is not responsible for any failure caused by server errors, misdireted or redirected transmission, failed internet connection, interruptions in the transmission or receipt of ticket orders or, any computer virus or other technical defect, whether human or technical in nature.

    Without limiting the foregoing, no warranty or guarantee is made (I) regarding the acceptance of any request, (II) that a user will receive the lowest available price for goods and/or services available through this site, (III) regarding the availability of products and/or services through this site or, where applicable, at any participating retailer or retailer location, or (IV) regarding the results that may be obtained from the use of this site.

  16. No Agency Relationship

    Kibog does not agree to act as your agent or fiduciary in providing services through the Site.

  17. Minors

    Persons under the age of 18 are not eligible to purchase, cancel or modify any services available through Kibog.

  18. General Limitation of Liability

    To the extent permitted by Law, in no event shall KIBOG.COM, including its respective officer, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents (collectively the "covered parties"), be liable to any person or entity whatever for any direct, indirect, incident, special, exemplary, compensatory, consequential, or punitive damages or any damages whatever, including but not limited to: (I) Loss of GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

    Further, the service providers are independent contractors and not agents or employees of the covered parties. To the extent permitted by Law, the coverd parties do not assume liability for any injury, damages, death, loss, accident or delay due to an act or omission of a service provider, including, without limitation, an act of negligence or the default of a service provider, or an act of GOD. Further and to the extent permitted by law, no responsibility are accepted for any damage and/or delay due to sickness, pilfrage, labor disputes, bankruptacy, machinery breakdown, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

    No Covered Party shall be responsible for any Service Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Service Provider's failure to comply with this Agreement nor for any Service Provider's failure to comply with applicable federal, state, provincial and local law.

    If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by kibog.com for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Canada and Ontario law, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

  19. Indemnification and Chargebacks

    You agree to defend and indemnify kibog and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:

    • your breach of this Agreement

    • your violation of any law or the rights of a third party; or

    • your use of this Site in violation of this Agreement.

    You, the User, agree to indemnify, hold harmless and defend Kibog against any debit memos or credit card chargebacks arising out of:

    • Any problems by the User associated with the underlying family entertainment centre, tutors, lessons and camp service; or

    • Unauthorized charges by family, friends, associates or other third parties with direct access to the User's credit card.

  20. Third Parties

    If you use this Site to submit Requests for or on behalf of a third-party ("Third-party"), such as a family member or a companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.

  21. User Comments, Feedback, and Other Submissions
    1. Certain portions of the Site may permit you to submit post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs / social networks (including any kibog.com branded Facebook, Twitter or similar channel) / discussion forums, and/or communications with other Site users. User Submissions also include content you post on social media and give Kibog permission to use, for example, by your posting of a hashtag Kibog is promoting or other indication of acceptance of these terms and conditions.

    2. In connection with User Submissions, you agree that you will not submit any User Submission that: (a) includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein; (b) includes any material that by itself, or by its use as permitted in this Agreement, infringes upon, misappropriates or violates the rights of any person or entity or any applicable laws; (c) is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (d) contains advertisements or solicitations of any funds, goods or services; (e) is a communication by a user impersonating another user; (f) contains personal information, such as messages which identify an individual’s names, telephone numbers, social security numbers, account numbers and/or addresses; or (g) could be considered bulk unsolicited communications.

    3. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submission to Kibog via the Site, social media or otherwise, whether solicited or unsolicited, you agree that you are granting Kibog a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submission for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if this Agreement is later modified or terminated.

    4. No credit, approval or compensation is due to you for any such Use of any User Submission you may submit. Kibog shall also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information and/or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of Kibog.

    5. By submitting, posting, transmitting or uploading a User Submission via the Site, social media or otherwise, you authorize Kibog to make copies thereof and retain such User Submission and copies as Priceline deems necessary to facilitate the Use of the User Submission.

    6. You represent and warrant that neither any User Submission, nor the Use of any User Submission as permitted in this Agreement, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any applicable law, and that you have obtained all necessary rights for the grants to Kibog, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submission.

    7. Although Kibog is under no obligation to review or monitor User Submissions, Kibog reserves the absolute right to do so in its sole discretion. In addition, Kibog reserves the right to alter, edit, refuse to post or remove any User Submission, in whole or in part, for any reason or for no reason. Kibog also reserves the right to terminate your account if you violate any term of this Agreement or our policies, as determined in our sole discretion. You agree that Kibog does not have any obligation to use or respond to any User Submission. Kibog has no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Kibog expressly disclaims any and all responsibility for User Submissions.

    8. Kibog will fully cooperate with any law enforcement authorities or court order requesting or directing Kibog to disclose the identity of anyone posting User Submissions that violate these Terms and Conditions or any law or regulation. Kibog may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Kibog, its customers or the public.

    9. By submitting a User Submission, you acknowledge that any personal data supplied by you may be used by Kibog or its agents for the purpose of sending commercial marketing and communication emails to you. Kibog may also share any such personal data with third parties for the purpose of commercial marketing and communications. You hereby consent to such use. You have the right to access, modify and request the destruction of your personal data at any time by sending a request to Kibog; and you have the right to opt out from receiving such marketing and communication at any time by sending a message to Kibog.

    10. You agree to defend and indemnify Kibog, including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of any allegation related to any User Submission that you make available or create through the Site, including without limitation, any User Submission that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

  22. Response to Requests

    While kibog.com will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. Neither kibog.com nor its Service Providers are responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.

  23. Links to Other Web Sites and Services

    To the extent this Site contains links to outside services and resources, or to the extent that third party websites link to this Site, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Kibog.com does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply kibog.com's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.

  24. Modification/Termination of Usage

    Kibog.com reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, Account password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, priceline.com shall not be liable to you or any third-party for any termination of your access to this Site.

  25. Electronic Notification

    To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.

  26. International Use

    Accessing materials on this Site by certain persons in certain countries may not be lawful, and kibog.com makes no representation that materials on this Site are appropriate or available for use in locations outside of Canada. If you are resident in a country other than Canada, you must not transact business with this Site.

  27. Hyperlinks

    Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or the Service Providers page or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without the express written permission of kibog.com.

  28. Miscellaneous

    The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.

    This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

II. RESERVATION/BOOKING SERVICES

  1. A. Children’s Party, Tutor/Lessons and Camp Service Providers

    You agree to abide by the terms or conditions of purchase imposed by any Service Provider, whether that Service Provider is selected by you or by kibog.com, including, but not limited to, payment of all amounts when due and compliance with the Service Provider's rules and restrictions regarding availability and use of products, or services. You understand that any violation of any such Service Provider's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any family entertainment centres, party places, tutoring and lessons locations and camp venues, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in kibog.com debiting your account for any costs kibog.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.

    You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non performance of any Service Provider, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Service Provider, you agree that your sole recourse shall be toward such Service Provider and not toward us.

    At Kibog, we have no special knowledge regarding the suitability for disabled persons of any reservation. For information concerning the suitability for disabled persons for any reservation, contact the Service Provider directly.

  2. Usage Guidelines

    User agrees to use the Reservation Services only to book reservations for Children’s parties, lessons and camps and then honor those reservations by pating for it during booking and arriving on time. Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of your reservations or termination of your access to the Services.

  3. Receipts and Transaction History

    As a courtesy, we will email a receipt to the email address associated with your Account upon completion of a transaction using the Payment Services. You may print and save copies of these receipts.

  4. Important Information Regarding Currency and Exchange Rates

    Purchases made on our Site could be transacted in different currencies, depending on the user’s IP address and/or the currency that the user selects. You will be charged in the currency shown upon checkout in the Summary of Charges. If you make a purchase from us using a credit or debit card, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement. Also, in the event that we must credit your account, we will refund the exact amount in the currency initially charged and will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.

  5. Check In

    Upon check-in, the reservation holder must present a valid ID and credit card or, in the Service Provider’s discretion, debit card, in his or her name (the amount of available credit required will vary by Service Provider). Debit cards may not be accepted.

  6. Occupancy

    All reservations are guaranteed for the specified occupancy (i.e. number of children and number of adults specified in the package) and accommodations for more than the specified number of children and adults are not guaranteed. Some Service Providers may not allow extra guests. If your Service Provider does allow extra guests, there may be additional charges. These charges vary and will be payable directly to the Service Provider.

  7. Late Arrival and No-Show

    While you should contact Kibog if you wish to cancel a cancellable reservation in advance of your stay, if you are going to be delayed on your date of check in or find that you cannot check in to your Service Provider on the date you requested, you should contact the Service Provider to let them know. If you fail to check in to your Service Provider on the day and time of your reservation and do not alert the Service Provider, the reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable service provider.

  8. Cancellations and Changes to Your Reservation

    Cancellation policies vary. Certain reservations are non-cancellable and non-changeable. Others require you to pay a penalty if you cancel. Still others are fully refundable. Check the service provider cancellation policy when you book. If changes to your pre-paid reservation are allowed, any changes to a pre-paid reservation are only permitted as a cancellation and booking of a new reservation.

  9. Disability Needs

    If you have disability needs (for example only, you need a wheelchair accessible room or require the use of a service animal) you must call the Service Provider and verify that disability needs can be met. If your disability needs cannot be accommodated by the hotel, please call Kibog customer service.

  10. Must be 18 Years of Age

    The user making the reservation and checking-in must be 18 years or older.

  11. Taxes and Fees Charges

    Government imposed taxes and fees are either included in your charges or itemized separately on your checkout page to provide a cost breakdown. Tax rates in effect at time of purchase are applied to your reservation.

  12. Prices

    Sometimes cheaper rates are available for a specific stay at a Service Provider, however, these rates made by Service Provider’s may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the details thoroughly for any such conditions prior to making your reservation.

  13. Pricing Errors

    We endeavor to publish and maintain accurate prices and information for the services we offer. Service Providers provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from a service provider, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is canceled because of incorrect service provider information, we will promptly issue a credit to your credit card account in the amount of the charge. Prices, rates and inventory are subject to availability from the service provider.

  14. Mandatory Fees

    For service providers that charge mandatory fees, you will be told both a) the Total Kibog Charges to your method of payment and b) the total cost, which includes the Total Kibog Charges and the Service Provider Mandatory Fee which the service provider will charge when you check out.

  15. Credit card

    Some Service Providers require credit or debit card details in order to guarantee your reservation. As such, we will send your credit or debit card information directly to the Service Provider at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well.

    For certain rates or special offers that state that a deposit is required (which will be disclosed in the Important Information section of your contract page), please note that your credit card may be pre-authorized or charged by the Service Provider (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the package details thoroughly for any such conditions prior to making your reservation.

  16. Cancellation

    You accept and agree to the relevant cancellation and no-show policy of that service provider, and to any additional (delivery) terms and conditions of the service provider that may apply to your reservation, including for services rendered and/or products offered by the service provider (the delivery terms and conditions of a service provider can be obtained with the relevant service provider). The general cancellation and no-show policy is made available on our website at the service provider information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers that require an upfront deposit to the service provider (which will be disclosed in the Important Information Section of your contract page) are not eligible for cancellation or change. Please check the package details thoroughly for any such conditions prior to making your reservation.

    If you wish to review, adjust or cancel, please look at the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the service provider’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the service provider carefully prior to making a reservation.

III. Severability

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

IV. Assignment

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Kibog.

V. Waiver

Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

VI. Choice of Law

This Agreement is made under and shall be governed by and construed in accordance with the laws of the Province of Ontario, consistent with the Canadian Federal laws and Canadian Arbitration Acts, without giving effect to any principles that provide for the application of the law of another jurisdiction.

REVISION DATE: 1 MARCH, 2017