Effective Date: 11 October , 2016
“Disputes” has the meaning prescribed under Section 18.
“Distribute” means to incorporate, run, submit, use, display, copy, upload, post, reproduce, embed, communicate, publish, distribute, create derivative works of, adapt, translate, perform, transmit, arrange, modify, export, merge, transfer, share, outsource and/or make available.
“License” has the meaning prescribed under Section 8.
“Marks” means the FASTOCHE name and logo, and any other trademarks, trade dress, designs, trade names, domain names and logos appearing on or in connection with the Service.
“person” includes natural persons and any type of incorporated or unincorporated entity.
“Registration Data” has the meaning prescribed under Section 9.
“registered user” means a person who has created and registered an account with the Service.
“Service” means the Site, as well as any online retail services offered by Fastoche on the Site, including providing temporary use of online, non-downloadable mobile and web applications in the fields of daycare centres and child care centres, providing software as a service (SAAS) applications in the fields of daycare centres and child care centres, and providing child care centre and daycare centre management software.
"Site" means this website, having the URL http://www.fastcohe.ca/, as well as any related applications made available by Fastoche on the Site and in any app stores for use on mobile devices, tablets, personal computers and other devices and subdomains and subsidiary sites, and all of the related web pages relating thereto, including, but not limited to, content, user interfaces, visual interfaces, applications, software, information, photographs, images, ideas, illustrations, audio clips, video clips, data, code, designs, pictures, graphics, text, files, icons, user accounts, titles, themes, objects, techniques, databases, dialogue, locations, concepts, artwork, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, company names, trademarks, logos and trade names or other materials uploaded, downloaded and/or contained in or electronically Distributed on the Site or the Service, including the manner in which the said content and information is presented or appears, together with all intellectual property rights therein.
“User Content” means user-generated content about Fastoche’s products and services, including questions, suggestions, information, inquiries, testimonials, feedback, reviews, emails, ideas, drawings, comments, opinions, audio, videos, photographs, or other content or material, including any intellectual property rights relating thereto.
Welcome to the website and online service of Fastoche. This is a legal agreement between you and Fastoche. These
agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Terms
of Use, whether or not you are a registered user of our Service. You must obey Fastoche’s policies as stated in
to time on the Service, each of which is incorporated herein by reference and each of which may be updated by
Fastoche from time to time without notice to you. You represent and warrant that you have the legal authority to
You may use the Service only if:
(1) you have reached the age of majority where you live; and
(2) you can form legally binding contracts under applicable law. You may not use the Service if you live in a jurisdiction where use of the Service or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws.
The Service provides information about Fastoche’s services and provides registered users with temporary use of online, non-downloadable mobile and web applications and software as a service in the fields of daycare and child care.
The Service is the proprietary property of Fastoche Canada Inc., its suppliers or its licensors, as the case may be. Unless expressly stated otherwise, the Service is protected by copyright and other intellectual property laws.
The Marks are registered or unregistered trademarks, trade dress, designs, domain names, trade names and
logos owned or licensed by Fastoche. All other trademarks, designs, domain names, trade names and logos not
owned by Fastoche that appear on the Service are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by Fastoche.
We acknowledge that when you obtain access to the Service, your computer downloads a copy of the information that
hereby grants to you a limited personal, non-exclusive, non-sublicenseable, worldwide, revocable, non-assignable
and non-transferable right and license, to access, read, display on your computer, download and print a single
copy of the text and images which are available on the Site (including any forms available on the Site which are
designated for printing), solely for your personal and non-commercial use in connection with viewing the Site on
any computer and any mobile devices, tablets, personal computers and other devices which you own and control,
subject to any usage rules or other restrictions set out by the device manufacture, app store provider or
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any
registration form(s) on the Service, including your geographical location and billing address (the "Registration
Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and
complete, including a valid email address. If you provide any information that is untrue, inaccurate, not
current or incomplete, Fastoche has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
Registered users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password, account and account designation and are fully responsible for all activities that occur under your password, account designation or account. You agree to: (a) immediately notify Fastoche of any unauthorized use of your password, account designation or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree that Fastoche cannot and will not be liable for any loss or damage arising from your failure to keep your password and account secure.
The Service is not available to temporarily or indefinitely suspended registered users. Fastoche reserves the right, in Fastoche’s sole discretion, to cancel unconfirmed or inactive accounts. Fastoche reserves the right to refuse the Service to anyone, for any reason, at any time.
Advertisements on the Service, including the Site, are invitations to you to make offers to purchase products
and services on the Service and are not offers to sell. All prices and other amounts appearing on the
Service are quoted in Canadian dollars.
Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when your properly completed and delivered order form is signed and delivered by a representative of Fastoche. Fastoche’s execution and delivery of your order form constitutes our acceptance of your order and forms a legally binding contract between you and Fastoche.
Fastoche accepts major credit cards, including Visa and Mastercard. Please be sure to provide your exact
billing address and telephone number, which should be the address and telephone number connected with your
credit card or payment account. Incorrect information may cause a delay in processing your order. The total
price of your order will be charged to your method of payment when our order acceptance confirmation email
and our order receipt confirmation email have been sent to your email address.
When you submit your order form contract, you agree to pay in full for all products and services purchased through the Service, and you agree that Fastoche may charge your credit card or payment account for any product or service purchased, including any applicable shipping, handling or processing fees, and for any additional amounts (including any taxes, customs fees and late fees, as applicable) as may be accrued to or in connection with your account. Purchases will include appropriate sales tax based on where the product or service is shipped and the sales tax rate(s) in effect at the time your order invoices.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL AMOUNTS OWING BY YOU, AND FOR PROVIDING US WITH VALID CREDIT CARD OR PAYMENT ACCOUNT INFORMATION DETAILS FOR PAYMENTS OF ALL SUCH AMOUNTS.
If for any reason you are not completely satisfied with the product or service you have purchased, please refer to our section on “Subscription Terms” in your order form contract.
Fastoche reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available on the Service, the prices, fees, charges and specifications of such products and services, any promotional offers and any other part of the Service without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason; and (d) limit quantities available for sale.
Fastoche endeavours to provide current and accurate information on the Service. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Fastoche cannot guarantee that products and services advertised on the Service will be available when ordered or thereafter. Fastoche does not warrant that the Service, including, without limitation, product descriptions or photographs, is accurate or complete.
We rely on the information you provide through the Service, including Registration Data, payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your Registration Data and payment information within 30 days of any change.
The Service uses encryption technology to protect credit card information and payment account information from access by unauthorized third parties. However, Fastoche cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. BY SENDING ANY SENSITIVE INFORMATION OVER THE INTERNET IN CONNECTION WITH YOUR USE OF THE SERVICE, YOU AGREE THAT FASTOCHE WILL NOT HAVE ANY LIABILITY IF THE APPLICABLE ENCRYPTION TECHNOLOGY FAILS TO PROTECT YOUR INFORMATION.
Please do not Distribute User Content on or through the Service. We want to avoid the possibility of future
misunderstandings when projects developed by us or under our direction might seem to others to be similar to
their own creative work. We therefore ask that you not Distribute any User Content.
If you do Distribute User Content on or through the Service, all right, title and interest in the User Content shall be deemed the sole exclusive property of Fastoche. When you Distribute User Content, you assign and transfer and/or shall cause the assignment and transfer over to Fastoche of any right, title and interest, world-wide, you may have or may in the future acquire in and to the User Content, without any remuneration. You agree, at the request of Fastoche, to do or to cause all lawful acts to secure and protect Fastoche’s rights and interests in the User Content, without any compensation, but without expense to you, and you agree, when requested by Fastoche, to execute, acknowledge and deliver to Fastoche, without compensation but without expense to you, any and all instruments, assignments, waivers and documents relating thereto. You waive all of your moral rights in the User Content that you make available on or through the Service in favor of Fastoche.
YOU AGREE TO INDEMNIFY FASTOCHE FOR ALL CLAIMS BROUGHT BY A THIRD PARTY AGAINST FASTOCHE ARISING OUT OF YOUR USER CONTENT, INCLUDING ANY CLAIM IN RESPECT OF INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR A CLAIM ARISING OUT OF OR IN CONNECTION WITH A BREACH OF ANY OF THE ABOVE REPRESENTATIONS AND WARRANTIES. FASTOCHE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT DISTRIBUTED BY YOU OR ANY THIRD PARTY.
You agree that you will be personally responsible for your use of the Service and for all of your communication
and activity in using the Service, including any User Content you contribute. YOU AGREE AT ALL TIMES TO
INDEMNIFY, DEFEND AND HOLD FASTOCHE HARMLESS FROM ANY AND ALL LIABILITY OR DAMAGES ARISING FROM YOUR CONDUCT ON
THE SERVICE, INCLUDING ANY USER CONTENT THAT YOU CONTRIBUTE AND/OR INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL
As a condition of using the Service, you agree to all of the following:
While the Service may contain links to external sites or resources, Fastoche is not responsible for the content
of any of the linked external sites or resources. Fastoche provides these links as a convenience. FASTOCHE DOES
NOT ENDORSE ANY EXTERNAL SITE OR RESOURCE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR ITS CONTENT, PRODUCTS,
SERVICES, ACCURACY, AUTHENTICITY, TIMELINESS OR COMPLETENESS. You access these linked external sites and
resources at your own risk. You may find some content to be offensive, harmful, inaccurate, or deceptive. You
agree that Fastoche shall not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any such content, products or services
available on or through any such external sites or resources.
The Service may contain the opinions, advice, statements and views of other users. Given the interactive nature of the Service, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. Any opinions, advice, statements and views expressed or made available by third parties, including registered users and users, are those of the respective author(s) or distributor(s) and not of Fastoche. FASTOCHE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR VIEW MADE ON THE SERVICE BY ANYONE OTHER THAN AUTHORIZED FASTOCHE EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS
OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE THAT THE SERVICE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY FASTOCHE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU FURTHER AGREE THAT YOUR USE OF THE SERVICE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE BY FASTOCHE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, FASTOCHE DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND/OR REPRESENTATIONS, EXPRESS, STATUTORY OR IMPLIED, IN CONNECTION WITH THE SERVICE, THE USER CONTENT, THE SITES AND RESOURCES LINKED TO THE SERVICE, ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, QUALITY, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, SUITABILITY OR ANY IMPLIED WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
FASTOCHE MAKES NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE USER CONTENT, THE SERVICE AND/OR THE CONTENT OF ANY SITES OR RESOURCES LINKED TO THE SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR SAFETY OF ANY SITES OR RESOURCES LINKED TO THE SERVICE, THE USER CONTENT, THE SERVICE AND/OR THE SERVICES AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND FASTOCHE ASSUMES NO LIABILITY OR RESPONSIBILITY THEREOF.
FASTOCHE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (e) ANY ERRORS OR OMISSIONS IN THE SERVICE AND USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS OF THE SERVICE OR USER CONTENT DISTRIBUTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
YOU HAVE SOLE RESPONSIBILITY FOR ANY DECISIONS YOU MAKE BASED ON INFORMATION CONTAINED IN THE SERVICE. IF YOU USE THE SERVICE, YOU ARE AGREEING THAT THIS LIMITATION OF LIABILITY IS REASONABLE AND IN KEEPING WITH THE NATURE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FASTOCHE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
FASTOCHE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR ANY THIRD-PARTY MAY SUFFER AS A RESULT OF THE TRANSMISSION, STORAGE OR RECEIPT OF CONFIDENTIAL OR PROPRIETARY INFORMATION THAT YOU MAKE OR THAT YOU EXPRESSLY OR IMPLICITLY AUTHORIZE FASTOCHE TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO ANY TRANSMITTED, STORED OR RECEIVED INFORMATION.
FASTOCHE’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO FASTOCHE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FASTOCHE SHALL CREATE ANY WARRANTY.
Fastoche and the Service (excluding linked websites or resources) are physically located within the Province of
laws of Canada and shall be treated in all respects as a Manitoba contract, without reference to the principles
of conflicts of law. Any dispute between you and Fastoche or any other person arising from, connected with or
before the Courts of Manitoba, sitting in the City of Winnipeg, and you hereby irrevocably submit and attorn to
the original and exclusive jurisdiction of those courts in respect of all Disputes. Notwithstanding the
foregoing, you and Fastoche may apply to the court in any jurisdiction to obtain injunctive relief and any other
available equitable or legal remedy regarding any matter relating to confidentiality, intellectual property
rights or proprietary rights.
You and Fastoche expressly exclude the UN Convention on Contracts for the International Sale of Goods and The International Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time.
You consent to the exchange of information and documents between us electronically over the internet or by email. You agree that this electronic agreement shall be equivalent of a written paper agreement between us.
Fastoche may, in its discretion and for its convenience, at any time, change, discontinue, delete, deactivate,
password, your account, the User Content and/or the Service, or any part thereof, without any notice or
liability to you or any other person, for any reason.
Any such termination by Fastoche shall be in addition to and without prejudice to such rights and remedies as may be available to Fastoche, including injunction and other equitable remedies.
All article or section headings are for reference and convenience only and shall not be considered in the interpretation of this Agreement.
The inclusion of any email addresses on the Service does not constitute consent to receiving unsolicited commercial electronic messages or SPAM.
If you have any questions, concerns or comments, please contact us at
Fastoche Canada Inc.
Mailing Address: 405 Cross Creek Place, Winnipeg, Manitoba, Canada, R3V 1V1
Telephone No.: 204-975-4111
© Copyright (2016) Fastoche Canada Inc. All rights reserved.