The Vitality Program Service Agreement
This Service Contract for group parenting consulting and advising ("Agreement") by and between St-Louis Academy LLC (BeBaby DBA) an American Company ("Company") located at 1080 Huntley Way, Wellington, Florida, 33414 and the undersigned (the "Client)."
For the purposes of these Terms and Conditions, “we”, “us”, “our” and the website www.bebabyusa.com (the “website”) refer to BeBaby Ltd.. Also, any reference to BeBaby Ltd. includes its principals, employees, consultants, agents, heirs, executors, administrators and assigns. By using this website or working with a BeBaby Ltd. consultant, you acknowledge and agree that you have read, understand and accept these Terms and Conditions. If you have not read, or do not understand or accept these Terms and Conditions, you must not use this website or proceed with a personal consultation. We reserve the right to modify these Terms and Conditions, or any part of them, at any time, so please review them frequently. Changes and clarifications will take effect immediately upon their being posted on the website.
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
Personal information means any information about you, by which you could be identified. When you utilize the services of BeBaby Ltd., we collect the personal information you give us such as your name, address and email address. Your personal information is used by us only for the purpose of processing your order and otherwise managing our relationship with you. The information we collect from you is NOT shared with any others or sold to other companies for marketing (or any other) purposes.
SECTION 2 – CONSENT
When you provide us with your personal information, you consent to our collecting it and using it for the reason we have collected it. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your express consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may – at any time – withdraw your consent to our contacting you for the continued collection, use or disclosure of your information, by contacting us at [email protected].
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so, or with your consent to your medical professional.
SECTION 4 – LINKS From time to time, we may post links to other websites on www.bebaby.ca as well as our social media pages. Such links are provided for your reference only. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third-parties. When you click on any third-party links, you may be directed away from our site. We are not liable for any harm or damages related to your purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We encourage you to carefully review any third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 4 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your province or state of residence.
SECTION 5 – QUESTIONS AND CONTACT INFORMATION
We are responsible for the personal information under our control and ensuring that it is accurate and complete. If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact us at [email protected]. All inquiries regarding personal information will be dealt with in accordance with the Canadian Information Protection Act, as amended from time to time.
SECTION 6 - PRIVACY AND CONFIDENTIALITY OBLIGATIONS OF THE CLIENT
1. Confidentiality and Proprietary Information. During the term of this Agreement and thereafter, the Client shall not use or disclose any of the Company's Confidential Information or program methods. Client agrees that the Confidential Information is proprietary exclusive to the Company. As used in this Agreement, the term "Confidential Information" shall mean all technical, operational, and economic information relating to the Services and training performed or the business of the Company, its employees, contractors, subsidiaries and/or affiliates, that is designated or treated as confidential by the Company, including, without limitation, all parenting, sleep training, and health education data provided to Customer, all manuals, programs, and methods of the Company and all content hosted on the Membership site. Client acknowledges that the program and materials was created solely by the Company and is and will remain the sole property of the Company. Client understands and agrees that use of the membership site is limited to the Client and that Client shall not grant access, use, or Client's log-in information to any third parties. Customer agrees not to repurpose or distribute any written materials provided through the course of the program to any third-party. Client understands and agrees that violation of this provision shall be a breach of this agreement and that Client shall immediately lose access to the membership site, the Facebook Group, and all other services provide by the program if this provision is breached. Client understands that breach of this provision and resulting removal from the program does not remove Client's obligation to pay for the entire year term pursuant to paragraphs three and four herein. Client understands, acknowledges, and agrees, that any remedies set forth in this section shall not limit any other remedies afforded to the Company through law or equity.
Agreement of services between both parties
- Description of Services. Company shall provide Client with vitality consulting and advising services ("Services") that include the following:
- Access to the Vitality membership website;
- Access to the BeBaby Village Facebook Group;
- Individual monthly (30 min) consultation calls with an assigned consultant with the Vitalityprogram.
- Weekly conference calls or sessions with other members of the program.
- Email support (answered within 48h business hours).
- Access to the BeBaby Messenger Support for pathway and resource accessibility support (answered within 48h during operating business hours).
- Client understands and agrees that the use of the Membership site is conditioned upon Client's agreement to the Terms & Conditions for use of the Membership provided by Company. The Terms & Conditions in their present form can be found found within the Village Group and includes: No racism, sexism, homophobia or other inappropriate posts, comments or behaviours will be accepted and may cause immediate termination of your access to our group as deemed necessary by BeBaby inc. The BeBaby Village is a place of support and must remain safe for all our members at all times.
Client also understands and agrees that the schedule for weekly conference calls with other members of the Peace of Mind Parenting Program is subject to change with or without notice to the Client and shall be set forth by the Company. The coaches assigned to the calls shall vary based on the determination and discretion of the Company.
- Term. This Agreement is valid as of the date listed below and will be in effect for one year thereafter (the "Term"). Client understands and agrees that although quarterly coaching calls are scheduled on monthly basis, that this Agreement is for the Term of one year and that the cost of the program, as set forth in Section 5 below, is for the entire term of one year regardless of whether payment is made in full or financed through monthly payments.
- Termination. This Agreement may not be terminated by either party during the term of the Agreement. If Client attempts to terminate the agreement during the year term or if Client elects to stop utilizing the available contracted services during the year term Client's obligation to pay for the full purchase price for the one year term as set forth in Sections 3 and 5 herein shall remain. Notwithstanding the foregoing, if Client is in breach of this Agreement, or if Client violates the conditions set forth in the Terms & Conditions for use of the Membership Site and Facebook Group, Company may terminate this Agreement with fifteen (15) days written notice. If Client's breach includes improper use of the Facebook group or Membership Site materials, Company reserves the right to immediately remove Client from the Facebook Group and/or restrict access to the Membership site. If Company elects to terminate this agreement due to Client's breach of the Agreement, failure to adhere to the Terms & Conditions, and/or for misuse of the program materials or membership site, Client shall remain responsible for payment for the services for the one year term. Should Client attempt to terminate this Agreement prior to the end of the Term, Client remains responsible for the payment in full of the applicable fee.
- Schedule; Fees; and Credit Card Processing. The applicable fee for the 12-month term for this. Payment must either be made in full at the beginning of the term ($6,500 USD), or upon approval is monthly or sectioned payments. Approval of monthly payments or sectioned payments does not convert the program to a month-to-month program and Client understands and agrees that the amount due and payable is the total amount for the program (12 months). Client acknowledges and agrees that all payments made are deemed earned when paid and are non-refundable. If the Client elects to finance the 12-month fee and make monthly payments, Client authorizes Company to charge the credit card provided and on file for the Client each month. Client also agrees to provide a back-up credit card for payment in the event the payment does not process or declines. Client acknowledges, understands, and agrees that failure to authorize the automatic payments and/or if Client disputes a credit card payment processed as set forth in this provision that such failure to authorize or dispute shall be considered a breach of contract by Client.
- No Promise of Outcome. While the Company will strive to assist Client with the highest and best level of services as provided in the scope of the agreement, Client understands that with any program, the Company is unable to make promises or guarantees with respect to any outcome from participation in the program and therefore Company does not guarantee success of any results associated with the services provided. Client further understands that BeBaby does not replace the advise, diagnosis, or prescription of a medical doctor and may not be used as such. BeBaby is not responsible for the safety and health of you or your children. Bebaby inc engages to make recommendations and suggestions in your parenting journey but do not replace appropriate medical care, and approval of suggested interventions must be requested with your medical provider at all times.
Participation in Facebook Group. Client understands that participation in the Facebook group created for this group consulting is subject to the terms and conditions set forth by Facebook. Client understands that Company is in no way affiliated with Facebook or its affiliates and therefore, Client agrees to hold Company harmless from any action or inaction taken by Facebook. Nothing in this Agreement shall be construed to benefit Facebook or any other third-party entity or individual in accordance with Paragraph 12 herein.
Client has been advised that Client is encouraged to seek legal counsel regarding the legal and binding obligations set forth in this agreement. This Agreement shall be binding upon the parties hereto and their respective heirs, legal representatives, and successors. No assignment of this Agreement, in whole or in part, may be made by Client without the express written consent of Company.
Entire Agreement. This Agreement sets forth the entire agreement between the parties and supersedes and annuls all other agreements, contracts, promises, or representations, whether written or oral, between the parties. No subsequent agreements, contracts, promises, or representations shall be binding and effective between the parties, unless set forth in a writing and signed by the parties. Pursuant to this provision, in order to constitute a signing by the Company, the signatory is required to be a Member of the Company.
Severability and Survival. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Company's rights under this Agreement will survive the termination of this Agreement.
Headings. All section headings contained in this Agreement are included for convenience only and form no part of this Agreement between the parties.
Electronic Signatures and Submission of Payment. This Agreement shall be valid even if executed in counterparts. An electronic, facsimile, or scanned signature shall be binding and enforceable as if it were an original signature. If this Agreement is signed electronically upon purchase from Company's website, Client acknowledges and understands that clicking through and submitting the first payment or payment in full shall also constitute an electronic signature on this agreement and Client agrees to be bound by the entirety of this agreement and all of its terms herein. Client understands and acknowledges that all payments made through the membership site in this manner are non-refundable.
Limitation on Services
1. Client understands and agrees that Company's services are not counseling services and are not a substitute for professional counseling by a licensed psychotherapist or other licensed professional. Client understands that:
BeBaby Ltd. takes safety and accuracy very seriously, and considerable care and attention is taken in compiling the information on the website and in any information, documentation, personal sleep plans or other services provided to you (collectively, the “Services”). Notwithstanding the foregoing, any services provided to you by BeBaby Ltd. are intended to be used as a guide only and you, as the parent, guardian or caregiver, have a personal responsibility to take all reasonable precautions for the care and safety of your child, and the implementation of any services. Any and all advice, plan, or information share to you through this website, our social media, as well as your sleep plan should never be utilized over the medical advice of your physician. All recommendations made to you by your consultant should be shared with your physician.
SECTION 1 – NO MEDICAL ADVICE PROVIDED
Bebaby Ltd. does not provide medical advice. None of the services provided to you by BeBaby Ltd., constitutes, or is meant to constitute, medical advice of any kind. If you believe that your child may have a medical condition, if you are concerned about the health of your child, yourself, or any other care giver of your child, or if you require medical advice of any kind, please consult your physician or other medical professional immediately. it is your responsibility to share the information and recommendations you gain through BeBaby Ltd. with your physician to enquire if they are right for you. All advice, prescription, or recommendations made by your physician should be followed strictly. Any advice or recommendation by BeBaby Ltd. that contradicts your physicians recommendations should be ignored. BeBaby consultant are nurses and must always operate under the professional code of conduct of their respective orders. Our consultants may only provide you with recommendations suited to the information that you have shared. As such, when using a sleep plan, you certify that the information you shared is accurate. Consultants are not physicians, we may not diagnose medical conditions, prescribe or treat as such. BeBaby consultants provide you with the best advice possible based on the information you have shared but this does not constitute medical advice under any circumstances.
SECTION 2 – REPRESENTATIONS & WARRANTIES OF CLIENT
As a client of BeBaby, you represent, warrant and agree as follows: You are the parent/legal guardian of the child about whom you intend to consult BeBaby (“your child”), and you have the legal authority to retain the services of BeBaby and to agree to these Terms and Conditions on behalf of yourself and your child; Your child is in good health and is not presently, and will not be during the consultation process, under a doctor’s or other health care professional’s care for any medical issue relating to sleep or any other issue that may be negatively impacted, in any way, by the services. Furthermore, your child does not (or will not during the consultation) have any pre-existing health conditions, symptoms or congenital defects, which may be aggravated by the services; You will take full responsibility in ensuring that any health or medical concerns your child has is dealt with in accordance to your physicians recommendations throughout the application of the sleep plan provided to you; You and whomever else may be consulting with BeBaby Ltd. and/or implementing any of the Services are in good physical and mental health and are capable of following any instructions presented by BeBaby Ltd. as part of the Services; This includes but is not limited to caring for your child and implementing your sleep plan while not being overly tired or physically ill preventing you from being fully alert, being under the influence of drugs or alcohol, or any other mind altering substances including prescribed medications; If you are uncertain as to whether or not the services are right for you, your child or anyone else implementing the services, or if you think you, your child or anyone else implementing the Services may have a medical issue that could be aggravated by the services, it is your responsibility to consult with a physician (or other health care provider) prior to retaining the services of BeBaby Ltd., and/or implementing any of the services; You will notify your BeBaby Ltd. consultant immediately in the event that your child's healths condition changes or if you are concerned, for any reason, about your child's health and/or the services or if they physical or mental health of you or anyone else implementing the Services is compromised in any way such that you or they are not capable of following the instructions presented by BeBaby Ltd. as part of the services; The services are meant as a guide only, and are not meant to replace or override your role, as a parent, to take reasonable steps to ensure the care and safety of your child; and BeBaby Ltd. reserves the right to terminate the services, at any time, if it is concerned for the well being of you, your child, or anyone else implementing the services. In the event that BeBaby Ltd., has reason to believe that a child has been or is likely to be abused or neglected, BeBaby Ltd. has a legal duty to report the matter to the appropriate authorities. You agree to follow and adhere to all safety recommendations made by BeBaby Ltd. but understand that we cannot be made responsible for your adherence as well as covering all aspects of security for the care of your child as we are not experts in this domain.
SECTION 3 – RELEASE & INDEMNITY
As a client of BeBaby Ltd, you agree as follows: To release Bebaby Ltd. from any and all claims, in relation to the services, that you now have or may have in the future and to release BeBaby Ltd. from any and all liability for any loss, damage, expense or injury, including death, that you may suffer, or that your child or next of kin may suffer, resulting from any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of BeBaby Ltd. or anyone for whom BeBaby Ltd. is in law responsible. You further agree that you have and will not assign to any person or corporation any of the claims described above; To hold harmless and indemnify BeBaby Ltd. from any and all liability, loss or expenses for any damage to property, or personal injury to any third party, resulting from the Services; To not commence, take or continue any proceedings against any person relating to the services whom might seek contribution or indemnity from BeBaby Ltd. as a result of such claim or proceedings, and you shall indemnify and save harmless BeBaby Ltd. from any such claim for contribution or indemnity; That your release herein shall be effective and binding on your child, as well as your and your child's heirs, next of kin, executors, administrators and representatives; and That your release herein, and your relationship with BeBaby Ltd. shall be governed by and interpreted solely in accordance with the laws of Canada, you agree that any litigation relating to the services shall be brought solely within the province of care and shall be within the exclusive jurisdiction of the Courts thereof.
The parties hereby agree to the terms set forth herein.