Competitive Kids STEM Projects (CKSTEM) Terms of Use POLICY
Terms of Service
These terms of service (these “Terms”) constitute a legally binding agreement between you and Competitive Kids STEM Projects (“CKSTEM,” “we,” “us”, “our” and terms of similar meaning) governing your use of the CKSTEM website (https://competitivekids.org/) and CKSTEM Learning Portal (https://learn.ckstem.org/) (“Site”). By entering into these Terms and/or accessing or using the Site, you expressly acknowledge that you understand these Terms and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.
1. The Site and Services
CKSTEM is a not-for-profit organization that offers students that are in grades one (1) to twelve (12) who are registered through an Individual Account (as defined below) (each a “Student”, collectively the “Students”) the opportunity to participate in or view online (live or pre-recorded) or in-person enrichment educational programs, videos and/or classes (“Classes”) and/or in-person contests (“Contests”) and/or complete educational documents and/or activities (“Activities”). Through the Site, without having to sign up for an Account, you can access sample questions and answers (“Samples”, collectively with Classes, Contests and Activities, the “Services”). The Services available shall vary from time to time and any Services available at any given time shall be listed on the Site. The rules and procedure associated with the Contests, including without limitation, the awards procedure, can be found at https://competitivekids.org/. The Site will be used to facilitate most Services related interactions, including, without limitation, (i) notifying you about future Contest dates; (ii) registration for Contest and/or Classes; (iii) access to Activities; and (iv) payment, as applicable, for registration and/or materials related to the Services.
2. Eligibility to use the Site and Services
(a) Eligibility. The Site may only be used by individuals who can form legally binding contracts under applicable law.
The Site is not available to individuals under the age of eighteen (18) and/or to users who have had their Account temporarily or permanently deactivated. By signing up for an Account and/or using the Site, you represent and warrant that you are at least eighteen (18) years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms. Your Account may be deleted and these Terms may be terminated without warning, if we believe that you are misusing or entering false information or your use of this Site or the Services is not allowed.
(b) Assumption. For the purposes of these Terms, we have assumed that all Students are under the age of eighteen
(18) and all accounts are created by authorized parents or guardians responsible for the students. Even though the Services are meant for Students, the use, operation and control of any Account and the Site
and registration for any Services must be done by either a Teacher or Parent(s) or Guardian (s) (as such terms are defined below) in accordance with the terms and conditions of these Terms.
(c) In addition, to use the Site, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use the Site. Your mobile network’s data and messaging rates and fees may apply, and you are responsible for such rates and fees.
3. Parent(s) and Parental Consent
(a) Parent(s). “Parent(s)” means the individual legal parent or guardian or both legal parents or guardians, who have the sole physical care, custody and control of their Child(ren) (as defined below), for which no judgment, order or decree has been made by any Court awarding the custody of their Child(ren) to any other person or in any other manner affecting the status of the right of the Parent(s) as legal parent(s) and/or guardian(s) of their Child(ren) and that the Child(ren) has not been emancipated.
(b) Parental Consent. The Parent(s), may, where authorized or permitted by law, and in accordance with the terms
and conditions of these Terms, permit their child/children, who are indicated as Student/Students on their Account (as further described below) (“Child(ren)”) to use and/or participate in the Services, provided that you consent to and supervise such participation and/or use. If a Parent(s) consents to their Child(ren)’s use of and/or participation in the Services, by providing such consent he/she/they is/are agreeing to be bound by these Terms in
respect of their Child(ren)’s use of and participation in the Services and he/she/they understand that CKSTEM will rely on these Terms in providing the Site and the Services to the Parent(s) and their Child(ren). The Parent(s) shall guarantee the performance, by their Child(ren), of the terms and provisions of these Terms and represents and
warrants that their Child(ren) will not disaffirm these Terms at any time. The Parent(s) shall agree to indemnify and hold CKSTEM and its Released Parties harmless from any and all damages, liabilities, costs or expenses of any kind or nature, including reasonable legal fees, which may arise from the breach by the Parent(s) and/or the Child(ren) of any of the provisions of these Terms, including, without limitation, their Child(ren)’s attempt to disaffirm or disavow these Terms on the ground of their Child'(ren)’s minority or otherwise.
(c) Single Parent. If only one Parent(s) (“Parent”) agrees to these Terms, then such Parent will be deemed to represent and warrant that said Parent has the exclusive authority to act on behalf of their Child(ren) and on behalf of the other Parent(s), insofar as all matters related to the Site, Services and these Terms are concerns and will indemnify and hold CKSTEM and its Released Parties harmless form any and all damages, liabilities, costs or expenses of any kind or nature including reasonable legal fees, which may be claimed by the other Parent(s), including, without limitation, any claim in any way related to their Child(ren) attempt to disaffirm or disavow these Terms on the ground of their Child(ren)’s minority or otherwise.
4. Privacy Policy and Additional Policies
(a) Privacy Policy. We will collect some of your and/or a Student’s personal information to create your Account. All personal information collected, used or disclosed on the Site is governed by our CKSTEM Privacy Policy located on our website. By using the Site, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
(b) Additional Policies. In addition, by using the Site, you agree to be bound by any additional policies, guidelines, instructions, agreements and/or rules communicated through the Site (collectively, the “Additional Policies”). For example, we may post Additional Policies that specifically address your use of the Site. You agree to comply with such Additional Policies even if they are not identified in these Terms. The definition of Additional Policies shall be included in the definition of “Terms”.
5. Accounts; Registration Data; Account Security and Verifying Information
(a) Individual Account / Account. In order for a Student to have access to the Services (excluding the Samples), the Parent(s) must register for an account through the Site (“Individual Account”). To register, more than one Student, the Parent(s) must create separate accounts as Individual accounts are meant for one Student.
Upon registering for an Account, the Parent(s) who registered for the Account can do the following for their Child(ren): (i) register their Child(ren) for any Class and/or Contest (including completing payment thereof); (ii) obtain an Activity for a Child to complete; and/or (iv) manage each Child’s participation in and/or use of any of the Services, including, without limitation, viewing their Child(ren)’s participation history, score, and any relevant information provided by CKSTEM organization.
(b) Registration Data and Account Security. You can browse the Site and access Samples without registering for an
Account. When and upon registering for an Account, you agree to (i) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You may not impersonate any other person while using the Site and/or Services. CKSTEM will not be liable for any loss or damage from your failure to comply with this obligation. You may not allow other persons to use your Account and you agree that you are the sole authorized user of your Account. You shall at all times be responsible and liable for all activities conducted through and related to, and items obtained through, your Account, including, without limitation, all Activities which may be done and/or Classes and Contests which may be participated in by your Child(ren) or each
Student to whom you are connected to in accordance with these Terms, as the case may be.
(c) Verifying Information. You may be required to submit to CKSTEM additional information, either when registering for an Account or thereafter (“Verifying Information”). Upon submission of such Verifying Information, you authorize CKSTEM to request, receive, use and/or store such information. Where permitted, CKSTEM has the right, but not the obligation, to undertake screenings, checks, and processes designed to check your Verifying Information.
6. Fees, Refunds, Donations, Promotional Offers and Discounts
(a) Fees. There may be fees associated with some or all of the Services offered (“Fees”). Fees may apply and/or vary depending on the type of Service being offered.
All Fees will be shown on the Site or communicated to you in writing. If there are Fees associated with a particular Service, in order to register a Student for such Service, you will be required to pay the associated Fees. Upon registering for any Service, through your Account, you expressly acknowledge that you accept the Fees associated with such Service. Any Fees shall be determined by CKSTEM in its sole discretion and may change at any time, in CKSTEM’s sole discretion (e.g. the Fees paid for one Student may vary from the Fees paid for another Student for the same Service, depending on when each Student is registered for such Service or any applicable discounts). Notwithstanding the foregoing, once you register and pay for a Service for a Student, the Fees paid, if any, for such Student, shall not change. You are responsible for all taxes applicable to any Fees and any other charges in any applicable jurisdiction. We may refund any Fees paid in accordance with our Cancellation/Refund Policy.
(b) Donations. In addition to the payment of Fees for Services, you shall also be able, but not obligated, to make donations to CKSTEM through the Site or other means as communicated by CKSTEM.
(c) Promotional Offers and Discounts. CKSTEM may from time to time provide you with promotional offers and discounts, including, without limitation, a discount on Fees for bulk/multiple registrations for any Services by a school. Please contact us info@competitivekids.org to inquire about Bulk Registrations and/or Discounts.
(d) Payment. CKSTEM facilitates the payment of Fees and Donations through the Site. All Fees, Donations and any other amounts charged to you, as permitted in accordance with the Terms, shall be charged to your credit/debit card. You acknowledge and agree that we use third-party payment processors for all credit/debit card charges, and you authorize CKSTEM to use your credit/debit card information, Registration Data, Account information as well as any additional information as may be necessary to facilitate payment of any Fees and/or Discounts. Please contact us at info@competitivekids.org if you have any questions about our third-party payment processor(s).
7. Ownership, Copyright and Trademarks
(a) The Site, the Services, the Content (as defined below) and any other software used to create and/or operate the Site, the Services and/or the Content is the property of CKSTEM or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, the Services, the Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site, the Services and/or the Content are the property of their respective owners.
8. License to Use the Site, Services and Content, License Restricti