Terms of Service

Acceptance of the Terms of Service

Welcome to CSMSTrack, a Childcare and School Management System!

"we", "us", "our", shall refer to Teal Century Technology Consulting Inc, (a company based in Alberta Canada with head office located at Suite 122, 9650 20th Avenue, Advanced Technology Center, Edmonton, Alberta, Canada, T6N1G1)

"You" refers to all individuals and/or entities accessing this web site for any reason.

"CSMSTRACK", "Website", "System", "Services" means the services to be provided by us to you including, but not limited to: day to day school/day care management tasks, payroll, human resource management, billing, reporting.

"Content" includes, without limitation, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. “Content” also includes all User Content.

"User Content", includes Content added, created, uploaded, submitted, distributed, or posted to the System by users, collectively whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content.

Teal Century Technology Consulting Inc. provides this Website and the services provided by or through this Website to you subject to these terms and conditions of use (collectively, these "Terms of Service" or "Terms"). The Terms of Service apply to your use of www.csmstrack.com, including any content, functionality and services offered on or via this web site and any successor web sites or related applications (together, the "Website"). The Terms of Service also include our Privacy Policy.

Please read the Terms of Service carefully before you start using CSMSTrack, by using the Website you accept and agree to be bound and abide by these Terms of Service. Should you disagree with some of the provisions herein, you can either leave the Website, or contact us at support@csmstrack.com, and we'll be happy to hear your comments and suggestions.

Changes to the Terms of Service and the Website

CSMSTrack will always be a work in progress as we constantly make changes and improvements to serve you better. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Your continued use of the System following the publishing of updated Terms of Service means that you accept and agree to the changes.

Accessing the Website, Security and Privacy

We are always working hard on improving CSMSTrack, but we can never guarantee that the Website will be up and running 24/7. We reserve the right to suspend or restrict access to some features. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.

To access certain features of the Website, you must register with your email and choose a password as part of our security protocol. You must treat such information as confidential, not disclosing it to any third party or persons. We highly recommend that you choose a strong password and that you log out from your account at the end of every session. If you register for the Website, you agree to accept all risks of unauthorized access to your account and any other information you provide to CSMSTrack. You are responsible for all activities on your CSMSTrack account.

All the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy policy.

When you use CSMSTrack, you accept these risks.

Intellectual Property Rights and Use Guidelines

The Website features and functionality (including look and feel!), are owned by Teal Century Technologies Consulting Inc. and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

“User Content”, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk.

The System may contain Content specifically provided by us, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.

All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

  • Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
  • Not be likely to deceive any person.
  • Not promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Not give the impression that they emanate from us or any other person or entity, if this is not the case.

Any content that we feel is objectionable or that our users have identified as objectionable will be removed and the user who has provided the objectionable content will have their accounts removed from the site.

Fees, Payments, Refunds, Upgrading and Downgrading.

Information on the current fees can be found in the subscription service page.

From time to time, we may offer a free trial of the Service, in our sole discretion.

If you sign up for monthly paid account, we will bill you immediately for the period after the trial. The Service is billed in advance on a monthly basis and is non-refundable until the account is cancelled.

If you sign up for an annual paid account, we will bill you for the entire year on the date that you sign up for this account. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account.

In order to send emails and SMS from the system, you must purchase credits.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

If you upgrade from monthly plan to annual plan, we will charge you full amount of annual plan at the end of your billing cycle.

If you downgrade your account from annual plan to monthly plan, we will charge you full amount of monthly plan at the end of your billing cycle.

If you wish to cancel your account, thirty days cancellation policy applies. The system will determine the number of days between the day you request account cancellation and the billing cycle end date. If the number of days is greater than or equal 30, your account will remain open until the end of the then-current billing cycle. If the number of days is less than 30, you will be billed for one more billing cycle, after that you will not be charged, your account will remain open until the end of billing cycle. All emails and SMS credits will be forfeited at the end of your billing cycle when your account is cancelled. All other accounts belong to your school/day care will also be cancelled and denied to access to our services.

We reserve the right to change prices of all Services, including but not limited to monthly subscription, annual subscription plan fees to the Service, email and SMS credits, are subject to change at any time, without notice to you.

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of CSMSTrack is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights.

You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party's property or information.

While we attempt to make your access to and use of the Website safe, we do not represent or warrant that the Site or the Content are free of viruses or other harmful components.

Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the Province of Alberta without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of Canada or Province of Alberta. If you choose to access the Website from locations other than Alberta, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Teal Century Technology Consulting Inc. for your failure to comply with any such laws.

Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Teal Century Technology Consulting Inc. and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Feedback

We welcome any comment, question and communication at support@csmstrack.com