K NETWORK CONSULTING INC. D/B/A HATCH CODING IN CANADA AND HATCH AMERICA IN THE UNITED STATES (“HATCH”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.HATCHCODING.COM (“WEBSITE”), THE HATCH ONLINE SOFTWARE-AS-A-SERVICE PLATFORM AND THE HATCH LEARNING CENTRES (AS DESCRIBED BELOW). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE AND PLATFORM, AS WELL AS USERS WHO ENROL AND/OR PARTICIPATE IN A COURSE, CAMP OR WORKSHOP, INSTRUCTORS, PARENTS OF STUDENTS ENROLLED FOR A COURSE, USERS WHO UPLOAD/DOWNLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO GENERATE CONTENT VIA THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE OR PLATFORM, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
BY USING THIS WEBSITE OR PLATFORM YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS WEBSITE, PLATFORM OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY HATCH FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE AND SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.
IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF OF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.
IF YOU ARE REGISTERING WITH US ON BEHALF OF A SCHOOL OR SCHOOL BOARD AND YOU REQUIRE AUTHORIZATION FROM YOUR SCHOOL TO USE THE SERVICE AND TO PROVIDE US WITH PERSONAL INFORMATION ABOUT STUDENTS, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED SUCH AUTHORIZATION AND YOU AGREE TO INDEMNIFY US FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF YOUR NON-COMPLIANCE.
1. The Services.
a. Hatch Coding operates courses, camps, and workshops (“Hatch Course”) in the Greater Toronto Area that teach children ages 7-17 how to write computer code via project-based learning. All Hatch Courses are taught by trained instructors (“Instructors”) who have experience working with children and who have undergone a Vulnerable Sector Check.
b. Hatch also makes available its proprietary software-as-service platform that offers educational resources and electronic textbooks to subscribing organizations (the “Platform”).
2. Hatch Course Registration.
a. Camp/Course Student Registration. If you are a parent or legal guardian registering your child (“Student”) for a course, camp or workshop, you will be required to provide the following information in order to register the Student for a Hatch Course: your name, home phone number, mobile phone number, email address, mailing address, Student’s name, age and school. You will also be required to select a location where your child will attend the Hatch Course from the list of locations on the registration page. If you are registering the Student for a camp, you must indicate the dates the Student will be attending, whether the Student is attending a full or half day camp, and your payment plan. If you are registering a Student for one of the Hatch weekly courses, you will be required to select the day of the week, time of the lesson, the date of the first class and your payment plan (see further details in the Payments section below).
c. Parental Waiver and Release. When you register a Student for a Hatch Course, you will also be required to provide consent to our use of the Student’s photograph and likeness in accordance with the Hatch Waiver and Liability Release form, found here. You must consent to the terms of the Waiver and Liability Release Form before the Student will be permitted to commence a Hatch Course.
3. Hatch Course Accounts.
a. Student Accounts. Once Students are registered for a Hatch Course, a student account (“Student Account”) will be created by assigning each Student a username and password either through Hatch itself or through the software with the use of an access code. Hatch will store each Student’s name, username, password, and as made available to our system, email address, school and parent/legal guardian’s information in connection with a Student Account. Students will log-in to the account to complete coursework and assignments, and we will track Students’ progress through the course work.
b. Customer Account. When you register for a class, camp, or a workshop, , you will be required to create a customer account (“Customer Account”) for the purpose of facilitating future transactions and purchases.
4. Hatch Course Fees and Payments.
a. Individual Fees; Payments. If you are a parent or legal guardian registering a Student for a Hatch Course you can pay for the course through the Website. The prices for the Hatch Courses are listed on the course and camp registration pages respectively. Camp fees are payable upfront in advance. Fees for the weekly courses are on a subscription basis, as set forth on the course registration page. If you are registering a Student for a weekly program, the first payment is will be charged to your credit card when you register a Student for a Hatch Course. The second payment will be automatically charged twenty eight (28) days after the Student’s first class, and thereafter the payments will be automatically charged to the credit card associated with Your account every twenty eight (28) days during the term of the subscription. Payments must be made by way of valid credit card, submitted to our third party payment processor, Stripe. Please see our cancellation terms in Section 16 below.
b. School Payments and Invoices. If you are a school registering for the Services, we will invoice you directly. Schools are solely responsible for recovering from Students and their parents or legal guardians, any fees associated with providing the Hatch Platform or publications to such Students. Payments must be made using valid credit card, cash or cheque.
c. Taxes. The Fees are exclusive of tax and you are solely responsible for the payment of any and all applicable taxes, including, without limitation, sales tax, goods and services tax, value-added tax, and any other applicable federal, provincial or local taxes, duties and levies arising in connection with your purchase of a Hatch Course.
5. Platform Subscriptions.
a. Subscription Fees. If you purchase a subscription to the Platform, you shall pay Hatch the monthly or annual subscription fees (“Subscription Fees”) as specified in order form executed by you (“Order Form”). All amounts are payable in the currency specified in the Order Form.
b. Payment. All invoiced amounts for the Subscription Fees are due upon receipt of invoices for such amounts. Payments must be made using valid credit card, cash or cheque. If you have enrolled in automatic billing, your credit card will be charged automatically at the beginning of each term and you shall: (i) keep your billing, credit card and payment information accurate and up to date, otherwise, Hatch may suspend provision of the Platform and Services; (ii) promptly advise Hatch if billing or credit card information changes due to loss, theft, cancellation or otherwise; and (iii) be liable for failure to pay any fees caused by your failure to provide Hatch with up to date billing information. Payments must be made by way of valid credit card, submitted to our third party payment processor, Stripe.
c. Taxes. The Subscription Fees are exclusive of tax and you are solely responsible for the payment of any and all applicable taxes, including, without limitation, sales tax, goods and services tax, value-added tax, and any other applicable federal, provincial or local taxes, duties and levies arising in connection with your purchase of a Platform subscription.
d. Subscription Term. The initial term of the subscription will be set out in the Order Form. Upon expiration of the initial term, your subscription shall automatically be renewed for subsequent renewal terms unless you provide prior notice to Hatch in accordance with Section 16 below.
6. User Content.
Except for the Website, Platform, Services, the Curriculum Content (as defined in Section 10 below), and any other materials provided to you by Hatch, all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, including Student work product (including projects, code, software, programming, assignment results, exam and test results, and any other materials created by Students), whether publicly posted or privately transmitted to the Website or Platform by Users, or created or generated by Students in course of participating in a Hatch Course (“User Content”), is the sole responsibility of such Users. This means that the User, and not Hatch, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by participating in a Hatch Course and/or using the Service. Hatch does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Hatch be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of viewing or using of any materials posted, emailed, transmitted or otherwise made available via the Service.
7. Restrictions on User Content and Use of the Service.
Hatch reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
In using the Website or Platform, participating in a Hatch Course or otherwise using the Services, You shall not and shall not permit or encourage any other person to:
a. copy any content unless expressly permitted to do so herein;
b. upload, post, email, transmit or otherwise make available any material that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. You do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or Platform or that compromises a user’s privacy; or
vi. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
c. impersonate any person or entity or misrepresent their affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
e. interfere with or disrupt the Website or Platform or any servers or networks connected to the Website or Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
f. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
g. collect or store personal data about other users or viewers;
h. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or
i. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website or Platform, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website or Platform in a manner that utilizes the resources of the Website or Platform more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website or Platform.
8. License of User Content.
By submitting, posting or displaying User Content on or through the Platform, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Hatch will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
9. End User License.
Except for User Content and Curriculum Content (defined below and subject to the license terms set forth in Section 10), this Website and the Platform, as well as the information and materials that it contains, are the property of Hatch and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Hatch grants you a non-transferable, non-exclusive, license to use the Website and content contained therein for your classroom use (the “End User License”). Nothing in the Terms gives you a right to use the Hatch or Hatch names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Platform. Any future release, update, or other addition to functionality of the Website or Platform shall be subject to the terms of this Agreement.
10. Curriculum Content License.
Hatch offers Students access to curriculum content for Hatch Courses that is the property of the property of Hatch and its licensors, including without limitation, lesson plans, assignments, course materials, tests, assignments, worksheets, online course materials, projects and project plans and other content and materials associated with the same (“Curriculum Content”). The Curriculum Content is protected by copyright and protected by law from unauthorized copying and dissemination. Subject to the terms of this Agreement and the payment of any applicable fees, Hatch grants to Students a non-transferable, non-exclusive, license to access, use and copy the Curriculum Content (the “Curriculum Content License”) solely to the extent necessary to participate in, and complete, the Hatch Courses.
11. Curriculum Content Restrictions.
In accessing and using the Website, Platform and Curriculum Content, participating in a Hatch Course and/or otherwise using the Service, you shall not:
a. Distribute, lease, rent, assign or otherwise transfer any of the Curriculum Content to any third party without the prior written consent of Hatch;
b. Remove any proprietary notices, labels or marks from the Curriculum Content or modify, alter, or deface any of the trade-marks, service marks or other intellectual property made available as part of the Curriculum Content in any form, or use any of the foregoing except for the specific purpose for which such intellectual property is made available to you;
c. Bundle the Curriculum Content in other products for re-sale, or generally use the Curriculum Content for any other commercial purposes without the prior express written permission of Hatch;
d. Make derivative products or materials or resources from the Curriculum Content; or
e. Use the Curriculum Content to develop or derive consulting or other courses, educational materials or services that are similar or and/or competitive with the Hatch Courses and Services provided by Hatch.
If You provide Hatch with any suggestions, comments or other feedback relating to any aspect of the Website, Platform or the Hatch Courses ("Feedback"), Hatch may use such Feedback in the Website or in any other Hatch products or services (collectively, "Hatch Offerings"). Accordingly, You agree that: (a) Hatch is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Hatch, (c) Hatch (including all of its successors and assigns and any successors and assigns of any of the Hatch Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Hatch Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Hatch or any of the other users of the Website in respect of the Feedback.
13. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.
THE WEBSITE, PLATFORM, CURRICULUM CONTENT AND ALL MATERIALS PROVIDED THEREIN, INCLUDING THE CURRICULUM CONTENT, ARE PROVIDED "AS IS." WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY PARTICULAR RESULT OR OUTCOME AS A RESULT OF REGISTERING A STUDENT FOR A COURSE OR OTHERWISE USING THE SERVICES. STUDENT SUCCESS IN COMPLETING A HATCH COURSE WILL DEPEND ON A VARIETY OF FACTORS INCLUDING STUDENT’S REGULAR ATTENDANCE, WILLINGNESS, AND TIMELY COMPLETION OF ASSIGNMENTS, AMONG OTHER THINGS HATCH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, INCLUDING CURRICULUM CONTENT, IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. HATCH DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND HATCH SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. HATCH WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS.
14. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL HATCH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE; OR (VI) ANY LOSSES INCURRED AS A RESULT OF STUDENT’S PARTICIPATION IN A HATCH COURSE (INCLUDING WITHOUT LIMITATION, LOSSES ARISING DUE TO STUDENT’S FAILURE TO ATTEND, PARTICIPATE IN OR COMPLETE THE HATCH COURSE AND COURSE WORK), UNLESS SUCH LOSSES ARE DIRECTLY ATTRIBUTABLE TO HATCH’S NEGLIGENCE. THESE LIMITATIONS SHALL APPLY EVEN IF HATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HATCH’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50 CAD) OR (B) AMOUNTS YOU’VE PAID HATCH FOR THE PARTICULAR HATCH COURSE THE STUDENT WAS PARTICIPATING IN AT THE TIME THE LOSS AROSE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SHALL INDEMNIFY AND HOLD HATCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH: (I) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU OR YOUR CHILD THROUGH THE SERVICE; (II) ANY INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND ANY OTHER USER OR BETWEEN YOUR CHILD AND ANY OTHER STUDENT OR USER; AND/OR (III) ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, THE RIGHTS OF ANY THIRD-PARTY OR ANY APPLICABLE LAW OR REGULATION
a. By Hatch. Hatch may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website, Platform, Curriculum Content, Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or any other agreement that You may have with Hatch (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Hatch and misuse or misappropriation of the Curriculum Content), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website and Services (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by Hatch in its sole discretion and that Hatch shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Service by Hatch shall be in addition to any and all other rights and remedies that Hatch may have.
b. Hatch Courses. If you received a discount on Hatch Course fees for signing up for a minimum term and you cancel your registration before the end of such term, you will be charged the difference between the regular Hatch Course price and the discount price for any Hatch Courses attended.
c. Subscription Terminations. You may cancel your Platform subscription at any time by providing notice to Hatch via email at: firstname.lastname@example.org . Your cancellation will become effective at the end of your current subscription term. If you do not provide notice of non-renewal of the subscription for the Platform (of at least 30 days for any monthly subscription and 60 days for any annual subscription), then your subscription will automatically renew, and you will be charged the Subscription Fees for such renewed term.
17. Availability & Updates.
Hatch may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Hatch may periodically add or update the information and materials on this Website without notice.
Information sent or received over the Internet is generally not secure and Hatch cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Hatch will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website, Platform or Service, please contact us at: email@example.com.
Last Updated: March 20, 2019.