Terms and Conditions

Last updated on May 13, 2024

These Terms and Conditions (“Terms”) govern your access to the services provided by Cheerful Adventure Inc. (“Services”), including access to the website (the “Site”) and any software available through the site or other third-party providers, including the Cheerful Kids mobile application (“Software”), the purchase of Products (defined below), and related services offered by Cheerful Adventure Inc. (“Cheerful Adventure”).

Throughout these Terms, we describe users of the Services as “Users”. Users may purchase Products or receive certain Services by agreeing to the terms of an order form (“Order Form”) either (a) online; or (b) by entering into a written Order Form with Cheerful Adventure.

Please read through these Terms carefully before using the Services. By agreeing to an Order Form or by accessing, using or browsing the Site or Software you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site, the Software, or the Services.

If the individual accepting these Terms is accepting on behalf of a company or legal entity, such individual represents that they have the authority to bind such entity and its affiliates to these Terms, in which case the term “User” shall refer to such entity and its affiliates. If the individual accepting these Terms does not have such authority, or does not agree with these Terms, such individual must not accept these Terms and may not use the Services.

1. Cheerful Adventure Services
   

   Cheerful Adventure offers online and on-demand educational services and materials. Users may purchase access to such online services and/or materials, namely Users can customize and/or personalize books for children and purchase such finalized customized books (each, a “Product”).

2. Privacy Policy
   

   Please refer to Cheerful Adventure's privacy policy by clicking here (the “Privacy Policy”) for information on how Cheerful Adventure collects, uses and discloses personally identifiable information from Users. By using the Site, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

3. Registration Data; Account Security
   

   Users can browse the Site without registering for an account. However, in order to purchase Product(s), users must register for a user account (“User Account”) through the Site or the Software. Upon the registration or use of a User Account, you agree to (a) provide, accurate, current and complete information as may be prompted by any registration forms on the Site or the Software (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site or Software, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site or Software. You are responsible for all activity on your User Account, and agree not to grant access of your User Account with others or to allow parties that do not have the requisite licenses with Cheerful Adventure to access the Products. For clarity, Users may be able to share Products with selected third parties, subject to any license restrictions, as determined in the sole discretion of Cheerful Adventure or its licensors.

4. Fees, Charges, Taxes
   

   Fees and other charges for the purchase of Product(s) and Services are described on the Site or as described on an Order Form. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction. You can pay for your order with credit card, as described on the Site, the Software, or as described on an Order Form.

5. Product Availability and Prices
   

   The advertisements on the Site are invitations to you to learn more about Cheerful Adventure's Services and Products, and are not offers to sell. All prices and other amounts appearing on the Site are quoted in Canadian dollars unless otherwise indicated and are subject to change.

   If a Product becomes unavailable for whatever reason after an order is accepted, Cheerful Adventure may terminate the order by giving you written notice. In such event, Cheerful Adventure will contact you to arrange for a refund or provision of credit against future purchases.

6. License to Use the Site and License Restrictions
   

   In these Terms the content on the Site, Software, and Services, including all information, data, logos, marks, designs, graphics, documents, recordings, pictures, sound files, other files, and their selection and arrangement, is called “Content”.

   Cheerful Adventure grants you a revocable, non-exclusive, non-sublicensable license to use the Site, Software and the Services and to view the Content available to you through the Site (“License”).

   Other than as expressly permitted in these Terms, and as may be further described in an Order Form, the License is subject to the following restrictions and account terms:

   1. The Content and Services we provide through the Site and Software are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Services.
   2. You may not make or distribute copies of the Site, Software Services or Content or reproduce, distribute or display the Site, Software, Services or any Content (except for page caching) except as expressly permitted in these Terms and subject to any additional terms of the Software.
   3. You may not modify or create derivative works based on the Site, Software, Services or Content, subject to any applicable terms in relation to the use of the Products.
   4. You may not use the Site, Software, Services or Content for any application deployment or ultimate production purpose.
   5. You may not use the Site, Software, Services or Content to develop any application, website or product having the same or similar primary function as the Site, Services or Content.
   6. You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site, Software, Services and/or Content.
   7. You may not otherwise use the Site, Software, Services or Content other than for its intended purpose.
   8. You may not use any data mining, robots or similar data gathering or extraction methods.
   9. Your use of the Site, Software, Services and Content must not infringe or violate the rights of any other party, including the rights of Cheerful Adventure and its licensors, or breach any contract or legal duty to any other parties or violate any applicable law.
   10. You have reached the age of majority in the province, state, or country where you are resident, and you can form legally binding contracts under applicable law. While the educational materials created by or through Cheerful Adventure’s Software may also be used by children, Cheerful Adventure requires that such use take place with such the consent of the parents of such children. “Parent” shall mean a parent, legal guardian or person in parental relation with such children, as recognized by applicable law. You shall not make the Services or Products available to children without such children’s parental consent. Parents are expected to supervise their children’s use of the Services and/or Products at all times, and shall be responsible and liable for any actions of their children in relation to such children’s use of the Site, Software, Services and Content.
   11. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

        

   The licenses in this Section are revocable by Cheerful Adventure at any time.

7. Ownership, Copyright and Trademarks
   

   Content provided by Users on the Site or Software or otherwise sent to Cheerful Adventure to be used on the Site or Software is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Services may include a forum post, comment, review, information, data, images, videos, sounds and other data uploaded by a User to the Services. Your User Content is your responsibility. You are solely responsible for maintaining copies of and replacing any User Content you send to Cheerful Adventure to post or store on the Services and/or that you, personally, post or store on the Services. If the User Content pertains to non-Users, you represent that you have their explicit consent and the required licenses to use and share their content. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit, without notice, any User Content posted or stored on the Services, and we may do this at any time and for any reason. Cheerful Adventure’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 11 of these Terms.

   Other than User Content, the Services, the Site, Software, all Content and any other software used to create and operate the Site is the property of Cheerful Adventure or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, Software, Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Cheerful Adventure.

   You may only use the Services for the purposes expressly permitted. In particular, you may not use the Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Services or any other service provided through our technology or the Services, or that is similar thereto.

8. Third Party Sites, Content, and Software
   

   The Services may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”). You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. Cheerful Adventure does not monitor or have any control over, and, unless explicitly stated otherwise, makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Cheerful Adventure provides access to such content only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Cheerful Adventure’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Cheerful Adventure accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern.

   The Services may also contain third party and/or open-source software, which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third-Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, Users are also accepting the Third-Party Licenses. Users who wish to view such Third-Party Licenses may request a copy by writing to info@cheerfuladventure.com.

   In addition, as described above, Cheerful Adventure may offer Users the ability to purchase certain Products. Your use of such Products is subject to license terms which will be made available to you at the time of purchasing and/or downloading such Products (“Product Licenses”).

   Cheerful Adventure shall have no liability arising from your use of such third party or open-source software, Third Party Sites, Third Party Content or Products which are subject to Product Licenses.

9. Advertisements and Promotions
   

   Cheerful Adventure may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of advertisers other than Cheerful Adventure, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. Cheerful Adventure is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

10. Your Limited License of Your User Content to Cheerful Adventure
    

    We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you leave a comment on a blog post or post a review on a Product(s), either directly on the Site yourself or by sending to Cheerful Adventure otherwise to do so, we need your license to display that User Content on the Site, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.

    Therefore, by posting or distributing User Content to Cheerful Adventure and/or to or through the Services, you (a) grant Cheerful Adventure and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Site and/or Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Site and/or Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

    If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site and/or Services, as described in this Section.

    These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site and/or Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site and/or Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site and/or Services does this to your User Content when it processes it for use in the Site and/or Services.

11. Warranty Disclaimer
    

    THE SITE, SOFTWARE, CONTENT AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM CHEERFUL ADVENTURE OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHEERFUL ADVENTURE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    THE SITE, SOFTWARE, SERVICES AND CONTENT ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UP ON AS ACCURATE, COMPLETE, TIMELY OR FIT FOR ANY PARTICULAR PURPOSE. CHEERFUL ADVENTURE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, INCLUDING, WITHOUT LIMITATION, TRAINING CONTENT OR OTHER PRODUCTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, SOFTWARE, THE SERVICES, THE CONTENT OR ANY PORTION THEREOF. CHEERFUL ADVENTURE DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT(S) OR SERVICES, OR ANY PORTION THEREOF, PROMOTED OR SOLD ON THE SITE. PRODUCT(S) MAY BE UNAVAILABLE OR DISCONTINUED. CHEERFUL ADVENTURE MAY PROVIDE ADDITIONAL PRODUCT(S) SPECIFIC DISCLAIMERS IN ITS DESCRIPTION OF SUCH PRODUCT(S) ON THE SITE OR THROUGH THE SERVICES, EMAIL OR OTHER CORRESPONDENCE TO YOU, THE PRODUCT(S) THEMSELVES OR IN AND/OR ON THE PACKAGING IN WHICH DELIVERED.

12. Typographical Errors or Inaccuracies
    

    The Site and/or Services may contain typographical errors or inaccuracies and may not be complete or current. Cheerful Adventure reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, Cheerful Adventure reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

13. Limitation of Liability; Indemnity
    

    You waive and shall not assert any claims or allegations of any nature whatsoever against Cheerful Adventure, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, Services or Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site or Services. You use the Site and Services at your own risk.

    Without limitation of the foregoing, neither Cheerful Adventure nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to personal/bodily injury (including death) arising out of your use of Product(s) you purchase through the Site, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, Services or Content, including without limitation any damages caused by or resulting from your reliance on the Site, Services Content or other information obtained from Cheerful Adventure or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site, any User, or any other Released Party’s records, programs or services.

    In no event shall the aggregate liability of Cheerful Adventure, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site or the Services exceed any amount paid by you for Product(s), Services or access to the Site or Services during the three months prior to the date of any claim, if any.

    You shall defend, indemnify and hold harmless Cheerful Adventure and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and Services and from the use of the Site and Services by any person to whom you give access to your account.

14. Communications
    

    Notices that we give you may be provided in any of the following ways. First, we may e-mail you or send you a text message/SMS at the contact information you provide in your Registration Data or any contact information you provide on the Site for communications and/or newsletter dissemination purposes. Second, we may post a notice to you in the account area of your User Account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.

15. Applicable Law and Venue
    

    The Site is controlled by Cheerful Adventure and operated by it from its offices in Ontario. You and Cheerful Adventure both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Cheerful Adventure explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site and Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

    Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site, Services, Content or Products; (c) oral or written statements relating to these Terms or to the Site and/or Services; or (d) the relationships that result from these Terms or the Site, Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Cheerful Adventure related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Cheerful Adventure. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one (1) arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

    To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

    If you choose to access the Site, the Software, and/or Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Cheerful Adventure and the other Released Parties for your failure to comply with any such laws.

16. Termination/Modification of License and Site Offerings
    

    Notwithstanding any provision of these Terms, Cheerful Adventure reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site, the Software, and/or the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Software, Services and/or Content; (c) change, suspend or discontinue any aspect of the Site, Services or Content; and (d) impose limits on the Site, Services or Content. When your account is terminated, any User Content you have uploaded or have sent to Cheerful Adventure to upload to the Site may remain on the Site.

    If these Terms expire or terminate for any reason, Sections 6, 11, 12, 13, 14, 15, 16, 17 and 18, and any representation or warranty you make in these Terms, shall also survive indefinitely.

17. Modification of Terms
    

    Cheerful Adventure reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site, Software, and/or Services, at any time and in its sole discretion. If we do so, we will post a notice in the Site and/or Software visible to you the next time you access the Site. If you do not agree with the changes, your only remedy is to cease use of the Site and Services and cancel your account with us without further obligation, if you have one. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site and/or Software, and your continued use of the Site, Software, and Services after such time will constitute your acceptance of such changes and/or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site, Software, and Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site and Services.

18. Miscellaneous
    

    If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Cheerful Adventure may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Cheerful Adventure, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Cheerful Adventure regarding your use of the Site and Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Cheerful Adventure regarding your use of the Site and Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

19. Special Terms Regarding the Apple App Store

    For the purposes of this Section, the term “Apple” refers to Apple Inc. and all entities in which Apple Inc. owns, directly or indirectly, more than 50% of the shares entitled to vote, and the term “Apple App Store” refers to the digital distribution platforms developed and maintained by Apple, including without limitation, the iOS Store.

    (A) If you download or access any part of the Services via the Apple App Store you agree to the following:

    1. This Agreement is between you and Cheerful Adventure only, and not with Apple;
    2. This Agreement is not intended to provide for usage rules for software that are less restrictive than the Usage Rules set forth for "Licensed Applications" in, or that otherwise conflict with, the App Store terms of service;
    3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
    4. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Software to you;
    5. to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services;
    6. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
    7. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Software infringe that third-party's intellectual property rights;
    8. To comply with any applicable third-party terms when using the Services;
    9. Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary;

        

    (B) If you download or access any part of the Services via the Apple App Store you hereby represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the a United States Government as a "terrorist supporting" country; and (ii) you are not listed on any a United States Government list of prohibited or restricted parties.

    (C) We reserve the right to remove the Mobile App from the Apple App Store at any time, for any reason, and without explanation.

20. Questions and Comments
    

    If you have any questions regarding these Terms or your use of the Site and/or Services, please contact us here:

    Cheerful Adventure Inc.
    info@cheerfuladventure.com