The Lakunakai App and Site are provided by Lakunakai Incorporated ("Lakunakai" or "we"), an Alberta corporation, for use by authorized end users (the "End Users" or "you"). These terms are a legal agreement between Lakunakai and you as the End User.
Please read all the terms before indicating acceptance through the App, or before accessing and using the Site. These terms apply to the Lakunakai App and our Site, and any modules, software, support services, and any updates, upgrades, supplements, new features released by Lakunakai, unless other terms accompany those items. If so, those terms apply. By using Lakunakai's App or Site, or any updates to the App, the End User accepts these terms. If the End User does not accept them, the End User is not authorized to use the App. As the End User, you are bound by these terms even if you do not read all the terms.
The App is for use by parents and their children. Children must get consent from their parent or guardian before using this App. Consent must be provided through the App.
1.0 DEFINITIONS
1.1 "App" means Lakunakai's application accessed or downloaded by the End User, and the information, games, and educational content made available by Lakunakai through the App (together with any online services, updates, upgrades, supplements, new features, and related services which may be provided to End User by Lakunakai under these terms from time to time); where the context requires, the term "App" also includes our Site;
1.2 "App Data" is defined in Section 6.1; 1.3 "Customer" means an End User purchasing products through the App or the Site; 1.4 "End User" means you, as the individual user; 1.5 "Our Content" is defined in Section 4.0; 1.6 "Purpose" is defined in Section 2.1; 1.7 "Site" means our website at www.lakunakai.com; 1.8 "Term" is defined in Section 13.1; 1.9 "Your Content" is defined in Section 5.0.
2.0 LICENSE TO USE THE APP
2.1 Purpose. The App is designed (a) to provide mental health educational information, games, and content to End Users, (b) to provide a platform for End Users to create Your Content, (c) to facilitate communication between parents / guardians / caregivers and the child as End Users, (d) to provide links to certain external professionals and service providers; and (e) to permit End Users to purchase certain products through the App (the "Purpose"). Use of the App is entirely voluntary.
2.2 Grant of License. The App is licensed (not sold) to the End User. The App content will be provided to the End User through the App. The End User is granted a non-exclusive, non-sublicensable, non-assignable, and non-transferable license, to access and use the App during the Term for the Purpose, subject to the conditions set forth in these terms. The App is for your own personal use only, or (if applicable) the personal use of the minor on whose behalf you are consenting under Section 3.0.
2.3 End User Responsibilities. You, as the End User, accept responsibility for your use of the App. You are responsible for assessing suitability of the App for your or your minor child's needs and requirements. If this App is not suitable or appropriate for you or your minor child, then you should not use the App. As the End User you are also responsible for maintaining the confidentiality of your passwords and login information, and agree to provide information to us that accurate, true, current and complete. It is your responsibility to update us if your information changes.
3.0 MINOR CONSENT 3.1 Use by Minors. You hereby confirm that you are legally able to consent to access and use the App, or that you have the consent of a parent or guardian. If you are a minor and you need consent of your parent or guardian, you must get consent from your parent or guardian to use this App. The End User agrees to provide consents to Lakunakai through the App, before using the App, for any End User who is not the age of majority, or who is not legally able to consent in the user's province.
The age of majority is 18 in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan. The age of majority is 19 in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon. Other jurisdictions may have different laws or regulations regarding the age of majority.
3.2 Consent. In situations where consent from a parent or guardian is required to access and use the App, you hereby confirm that you are the consenting parent or legal guardian, you have the sole right to consent for the minor accessing and using the App, and you are not legally required to obtain consent from any other parent or legal guardian before consenting.
As the parent or legal guardian, you agree and acknowledge that Lakunakai will not be liable for any loss or damage as a result of your consent on behalf of the minor user.
4.0 OUR CONTENT
4.1 Our Content. We provide a range of content through the App, including articles, materials, information, games, characters, videos and other content (we refer to this as "Our Content"). Our Content (including all associated intellectual property rights) is owned by Lakunakai.
5.0 YOUR CONTENT
5.1 Your Content. As an End User, you have the option of creating content when you interact with the App, including text, images, artwork, and other content (we refer to this as "Your Content"). Lakunakai does not claim any ownership over Your Content.
By providing or inputting Your Content, you grant us a license to make this content available to you through the App, and you accept all the risks of providing or inputting Your Content into the App. If you want to save copies or records of Your Content, make sure that you retain your own copies. The App is not a permanent record, archive or back-up service.
6.0 APP DATA
6.1 App Data. By interacting with the App, certain data is created based on how and how often a user uses an app, such as usage data, diagnostic data, technical support data, and other metadata. For example, what a user taps on, how much time a user spends on each page, and when errors occur (we refer to this as "App Data"). App Data (including all associated intellectual property rights) is owned by Lakunakai.
6.2 Use of App Data. Lakunakai may collect, aggregate and anonymize the App Data for the purpose of purpose of statistical analysis, data analytics, research, product improvement, benchmarking, and for other business purposes, subject to the following:
(a) All aggregated data will be stripped of identifiers (such as specific users, locations, and names) that would identify specifics about individual users;
(b) Aggregated data will not be traceable back to any specific users; and
(c) Lakunakai shall have rights hereunder to use or dispose of such anonymized and aggregated data at its discretion whether during or after the term of this agreement.
As an End User, you grant permission for Lakunakai to collect and store the App Data for the purposes listed above, and as permitted under these terms, and the Privacy Policy.
7.0 PRIVACY
7.1 Privacy. The terms and conditions of Lakunakai's privacy policy are set out in full within our Privacy Policy (the "Privacy Policy") and are incorporated by reference into these terms. As an End User, you authorize the collection, use and disclosure of your personal information collected by Lakunakai for the Purpose and as otherwise permitted these terms, and the Privacy Policy.
7.2 Privacy Risks. As the End User, you acknowledge and agree that our provision of the App and your use of the App may utilize, in whole or in part, third-party hosts, public internet, and third party networks to transmit communications, and these kinds of transmissions are susceptible to interception or compromise; and data may be stored, cached, routed, transmitted or received in jurisdictions outside of Canada, and therefore subject to the laws of those jurisdictions. You accept these risks as an End User of the App.
8.0 PURCHASE OF MERCHANDISE
8.1 Purchase and Sale. As a Customer, if you choose to purchase products through the App (including through our Site), you must pay the total price as detailed in the applicable payment page or the invoice issued by us. You will not be charged for any purchase unless you have agreed to the payment terms in the checkout page. The total price will include shipping and tax, all as identified on the checkout page, and you agree to pay the total amount displayed. Provincial and federal sales taxes are applied during checkout.
8.2 Product listings on the App are invitations to you to make offers to purchase products and are not offers to sell. You may receive an email at or shortly after the time of purchase, but this is not a notification of acceptance and only serves to confirm that we have received the order request. If the order is accepted, a confirmation email is then sent to the Customer and upon receipt of payment, the product is shipped. All orders must be paid in full prior to shipment.
8.3 If your order is not accepted, in whole or in part, you will be notified, and any paid amounts will be refunded for the order (or part of the order) not accepted through the App. After the purchase order date, we may reject an order for any reason, including without limitation for a misprint in the price offer or advertisement, product shortage, product discontinuance, a lack of sufficient delivery information from the Customer, or shipping restrictions to certain locations or destinations. We reserve the right to refuse any order you place with us.
8.4 Product Depictions & Changes. Products available through the App are dependent upon inventory levels, so please be aware that inventory levels may change, products may change or be discontinued. We make every effort to display the colours, materials and styles of products as accurately as possible, but the actual items may appear or seem slightly different than how they appear on our App, depending on the photos supplied to us, the information we receive from our suppliers, the browser you use, or the quality of your screen.
8.5 Refunds & Returns. Our Refunds & Returns Policy applies to refunds and returns of all purchases through our App. By agreeing to these terms, you agree to that policy, which is incorporated by reference. Please read that policy carefully.
8.6 Shipping & Delivery. Our Shipping & Delivery Policy applies to shipping and delivery of all purchases through our App. By agreeing to these terms, you agree to that policy, which is incorporated by reference. Please read that policy carefully. Our App will estimate shipment fees and dates but we are not liable for any shipping costs, or delivery delays, including delays beyond the reasonable control of us or our order-fulfillment providers.
8.7 Product Warranty. We provide a product warranty for Lakunakai-branded products that we design, test and manufacture. If the product does not meet your expectations within the first 30 days, please contact us at admin@lakunakai.com with an order confirmation or invoice number, and a picture of the product in question, and we will make a decision on the eligibility for how the warranty applies.
A separate warranty may be provided with the product, or we may make a copy of the product warranty available on our Site. If so, that separate warranty will apply.
The warranty starts from the date of purchase.
We also may sell products manufactured by third-party suppliers, and for those products, all warranty claims must be made to the third-party manufacturer, subject to their warranty terms. Other than passing through the written manufacturer's warranty included with the product, we do not warrant third-party products sold through this Site.
9.0 EXTERNAL SERVICE PROVIDERS
9.1 Therapy Providers. In certain sections of the App, we may make links available to End Users, for referrals and access to external third-party therapy providers or healthcare professionals. For example, a referral service may provide a local CBT (child behavioral therapist) or psychologist for use by an End User. Those links are to websites, services and providers that are outside of our control. We do not engage or hire those providers, and other than the introduction through the link in the App, those providers are not affiliated, associated or partnered with us. While we endeavour to provide links to reputable licensed professionals, we cannot and do not provide any independent guarantee, endorsement, or approval of these therapy providers, and you must make your own assessment for your own needs. You accept the risk of doing so. Lakunakai does not engage in the practice of clinical psychology or psychotherapy, or any other licensed profession, and does not interfere with the practice of therapy providers or healthcare professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. We may earn a commission from referrals to external providers of the type listed above.
9.2 Other Providers. In certain sections of the App, we may make links available to End Users, for referrals and access to other external third-party providers in the community who may be of assistance, such as meal providers, grocery delivery, and other affiliates. Those providers are outside of our control. We do not engage or hire them, and other than the introduction through the link in the App, those providers are not affiliated, associated or partnered with us. While we endeavour to provide links to reputable providers, we cannot and do not provide any independent guarantee, endorsement, or approval of them, and you must make your own assessment for your own needs. You accept the risk of doing so. We may earn a commission from referrals to external providers of the type listed above.
9.3 No Sharing of Personal Information. We do not share personal information with any third-party providers. If you choose to use one of those providers, you must choose what information to share with them, and their personal information handling practices and policies will apply.
10.0 PAYMENT
10.1 Fees. Some of our services or products may require a subscription fee, a pay-per-use fee, or may require purchase at checkout. You are responsible for payment of any product or service that you choose to buy from us.
11.0 RESTRICTIONS
11.1 Restrictions. The End User shall not, and shall not authorize any third party to:
(a) make unauthorized copies of App; (b) modify, decompile, disassemble, translate into another computer language, create derivative works, access the source code, hack, decrypt, rename files, or otherwise reverse engineer the App; (c) incorporate any portion of the App into any products which will be sold, licensed or transferred to a third party; (d) use the App in connection with a computer based service business for others, or display the visual output of App for others; (e) distribute, sell, lease, transfer, assign, trade, rent, lease or lend the App or publish, license, sublicense or cross-license the App or any part thereof and/ or copies thereof to others; (f) use the App or any part thereof in violation of any law or regulation, or for any purpose other than as expressly permitted in these Terms of Service; (g) distribute screen shots, or disclose to a third party the results of any benchmark test of the App without approval by Lakunakai; (h) permit any person to use or access the App, other than authorized users who are specifically authorized by Lakunakai; or (i) copy, misuse or duplicate the layout and design of the App, or the underlying code and database structures.
12.0 LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTY
12.1 DISCLAIMER OF WARRANTIES. THE APP AND SERVICE IS PROVIDED TO END USER "AS IS" AND ANY THE USE OF THE APP BY THE END USER IS AT THE END USER'S OWN RISK. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APP IS ASSUMED BY END USER AND END USER AGREES TO IMPLEMENT AND ADOPT REASONABLE MEASURES TO ASSESS, EXAMINE AND CONFIRM RESULTS PRIOR TO USE.
LAKUNAKAI HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
LAKUNAKAI RECOMMENDS THAT PARENTS / GUARDIANS MONITOR THE USE OF THE APP BY ANY MINOR CHILD(REN) WHO HAVE ACCESS TO THE APP, AND CONFIRM THAT THE USE OF THE APP IS APPROPRIATE FOR THE MINOR CHILD(REN).
*THE APP PROVIDES CERTAIN EDUCATIONAL CONTENT AND PROVIDES ACCESS TO INFORMATION, BUT IS NOT A SUBSTITUTE OR REPLACEMENT FOR THE ADVICE OF HEALTH CARE PROFESSIONALS*
12.2 ACKNOWLEDGEMENT OF RISK. Lakunakai is not responsible for third-party software or hardware vendors, therapy providers, other third-party service providers, other users, or for mobile devices. Lakunakai makes no representations or warranties with respect to such third-party software or hardware vendors, therapy providers, other third-party service providers, other users, or mobile devices. Lakunakai disclaims all liability in connection with any third-party software or hardware vendors, therapy providers, other third-party service providers, other users, or mobile devices. Lakunakai disclaims all liability in connection with failures or limitations in telecommunications services, cellular networks, satellite services or the internet. Lakunakai cannot warrant that the App will be compatible with all mobile devices or with all third-party software or platforms.
12.3 LIMITATION OF LIABILITY. IN NO EVENT SHALL LAKUNAKAI BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, OR ECONOMIC LOSS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, IN CONNECTION WITH THE USE OF THE APP BY END USERS, OR IN CONNECTION WITH THESE TERMS, EVEN IF END USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LAKUNAKAI'S LIABILITY IN CONNECTION WITH THE APP OR THESE TERMS OF SERVICE EXCEED THE AMOUNT PAID BY THE END USER FOR ACCESS TO THE APP IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR THE AMOUNT OF FIFTY DOLLARS CANADIAN (CAD$50), WHICHEVER AMOUNT IS LESSER, IN THE AGGREGATE.
13.0 TERM & TERMINATION
13.1 Term. These Terms of Service will start when the End User uses the App, and will continue until terminated under these Terms of Service (the "Term").
13.2 Termination by End User. End User may terminate these Terms of Service without cause at any time by ceasing use of the App, and deleting it.
13.3 Termination or Suspension by Lakunakai. Lakunakai shall have the right to suspend access to the App in the event of any delay in payment of fees (if applicable). Lakunakai shall have the right to terminate these Terms of Service and suspend the End User's account (a) immediately and without notice if End User is in breach of any material term of these Terms of Service or any other agreement with Lakunakai; (b) without cause on 30 days notice to the End User.
13.4 Effect of Termination. Such termination shall be in addition to and not in lieu of any legal remedies otherwise available to the terminating party. Upon termination or expiry of these Terms of Service, End User will cease all use of App.
14.0 GENERAL TERMS
14.1 Pilot Testing & Feedback. End User acknowledges and agrees that certain versions of the App may be released on a beta or trial version for pilot purposes, and for the purposes of evaluation. These versions may contain bugs, defects and errors. In using these versions, the End User may provide Lakunakai with comments, suggestions, ideas and impressions of the App, its functionality or its design, including but not limited to test results, operating results, information on the use of the App, and any errors, bugs or issues, and any other feedback related to the use of the Licensed Software (referred to as "Feedback"). End User acknowledges and agrees that, by disclosing such Feedback to Lakunakai, it will be deemed to have assigned this Feedback to Lakunakai and waived any rights in or to same. Lakunakai shall own all right, title and interest in the Feedback, including but not limited to all intellectual property rights therein.
14.2 Assignment. This agreement, and any rights and licenses granted hereunder shall not be assigned by End User without the prior written approval of Lakunakai but may be assigned without End User's consent by Lakunakai to (i) an affiliate, (ii) an acquirer of all or substantially all of its assets, (iii) a successor by merger or amalgamation. Any purported assignment in violation of this section shall be void.
14.3 Entire Agreement. This agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, without affecting the validity or enforceability of any separate agreement in writing between End User and Lakunakai. Except as otherwise agreed in writing, neither party has relied on any representations or warranties that are not made in this agreement.
14.4 Non-Waiver. None of the provisions of these terms shall be deemed to have been waived by any act or acquiescence on the part of Lakunakai, and such waiver may only be effected by an instrument in writing signed by an authorized officer of Lakunakai. No waiver of any provision of this agreement shall constitute a waiver of any other provisions or of the same provision on another occasion.
14.5 Notices. Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with this agreement must be in writing.
14.6 Jurisdiction and Governing Law. This agreement shall be construed and governed by the laws of the Province of Alberta and the laws of Canada applicable therein without reference to its conflicts of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.
14.7 Severability. If any of the provisions of this agreement or any part thereof shall be or held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire agreement but rather the entire agreement shall be construed as if not containing the particular invalid or unenforceable provisions or parts thereof, and the rights and obligations of the parties shall be construed and enforced accordingly, with the invalid or unenforceable provisions or parts modified so as to be limited and enforced to the fullest extent possible.
14.8 Survival. All terms which require performance by the parties after the expiry or termination of these Terms of Service, will remain in force despite these Terms of Service's expiry or termination for any reason. The following terms shall survive termination: 11.0, 12.0 and 13.4
14.9 Language. It is the express will of the parties that these Terms of Service and all related documents be drawn up in English. Les parties reconnaissent par les présentes que chacune d'elles a exigé que ce contrat et tout document ou avis y afférent soient rédigés en anglais.
14.10 Changes. On release of any update or upgrade to the App, Lakunakai reserves the right to modify these Terms of Service and to impose new or additional terms or conditions on End User's use of the App. The then-current terms (including any modifications and additional terms and conditions if applicable) will be presented to the End User and will be effective immediately upon End User's acceptance of the terms and continued use of the App.
14.11 Electronic Acceptance. These Terms of Service may be agreed to by electronic acceptance.
14.12 Additional Terms Applicable to Android Device Users. Without limiting the generality of the foregoing, End User's use of the App with any Android® device is subject to usage rules established by Google Inc., including those terms set forth at https://play.google.com/about/play-terms/ , the applicable provisions of which are incorporated herein by this reference to the extent those terms are not inconsistent with this agreement.
(a) Acknowledgement. End User's use of the App is subject to the Usage Rules set forth in the App Media Services Terms and Conditions published by Apple Inc. ("Apple") to the extent those terms are not inconsistent with this agreement, and use of the App is limited to use with iOS device that the user owns or controls.
(b) Scope of License. End User acknowledges that this license is concluded between Lakunakai and the user only, and not with Apple. Apple is not responsible for the App.
(c) Maintenance & Support. End User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(d) Warranty. In the event of any failure of the App to conform to any applicable warranty, the End User may notify Apple, and Apple may refund the purchase price for the App to End User in accordance with its policies. End User acknowledges that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be as between user and Lakunakai.
(e) Product Claims. End User acknowledges that Apple is not responsible for addressing any claims by End User or any third party relating to the App or user's possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) IP Rights. End User acknowledges that, in the event of any third party claim that the App or user's possession and use of that App infringes that third party's intellectual property rights, Lakunakai (not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Legal Compliance. The End User hereby represents and warrants that (i) user is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) user is not listed on any U.S. Government list of prohibited or restricted parties.
(h) Third Party Beneficiary. End User acknowledges and agrees that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms and Conditions, and that, upon user's acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against End User as a third party beneficiary hereof.
[Version -05-2023]
End of Terms
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