Terms & Conditions

MAD SCIENCE EAST OF ENGLAND

 

This section sets out the Terms and Conditions by which Mad Science agrees to provide products and services to you and your child.

When you book or purchase any product or service from us, you are signifying your agreement to these Terms and Conditions.


We reserve the right to modify, cancel or append to these Terms and Conditions and upon doing so shall provide you with notification that there has been a change. The current Terms and Conditions always appear on our Website. On renewal of Sessions or purchase of any activity product or service, the most recent Terms and Conditions shall apply.


We reserve the right to alter, vary, omit or substitute any part or parts of any session provided by us described in any promotional or other materials published by us or on our behalf.


In the event of any change in any content as described above, we will have no liability to refund any part of any fee or deposit paid.

The full cost of the Mad Science After School Clubs and Camp Days minus any agreed discounts must be paid at the time of booking.

If full payment is not received at the time of booking, we reserve the right to cancel the booking.

REFUNDS AND CANCELLATIONS

No refunds are available for missed sessions.


If you have booked a Mad Science session and you now wish to cancel:

a) If you inform us more than one week before the commencement of the activity, a full refund will be offered.

b) If you inform us up to 7 days before the commencement of the activity, you will forfeit 50% of the amount paid. A refund will be offered for the other 50%.
c) If you inform us less than 24 hours before the commencement of the activity, you will forfeit the entire amount paid for the activity.
d) If you have booked a science camp and, before it commences, you inform us you wish to change your booking from one camp to another in the same holiday period, subject to availability, the payment of any difference in cost and our complete discretion, you may do so without financial penalty. 


PARTIES


Mad Science requires a non-refundable booking deposit of £80. Payment can be made over the ‘phone by most cards or by cheque. Unfortunately we can’t accept American Express Cards. Please make cheques payable to Kidscience Ltd.

Any changes to the standard party offer must be discussed and agreed at the time of booking and confirmed in writing by the customer. There is a surcharge of £50 for parties taking place outside of the offered times and on bank holidays.

Balance of payments is due five days before the party. The operations team will call four to five days before the party to confirm final details and collect any outstanding balance.


Mileage costs of £0.45 per mile are charged outside of 15 miles of our offices
. For London this is W5 4NG.

Parking charges (including metered parking) will be payable by you, the client. Please inform the Mad Science Party Coordinator of any parking restrictions at the time of booking. Parking at, or near to the venue is essential for a party to take place.


Exact numbers must be confirmed. Unless we are notified five days before your party, we shall assume that your confirmed final number is as stated on the booking form.


We regret that Mad Science does not provide food, birthday cakes or party bags.


Although our instructors are thoroughly DBS checked, vetted and highly trained, children must not be left alone with the instructor and we insist on a legal guardian or responsible adult being present at all times. Neither must our instructors be asked to accompany children to the toilet or assist with feeding.


If at any time the instructor deems that the behaviour of one or more children is likely to cause danger or disruption, the instructor can reasonably request they are controlled or removed and, if this doesn’t happen, cease the presentation until the situation is resolved or terminate the presentation with no recourse to refund.


In the event that the child, or any of the guests, have already seen a Mad Science party it is advisable to let us know the host and date of that party.


Mad Science provides much of its programming in schools both in the classroom, at assemblies and in After School Clubs. Children who have attended any of these programmes will realise that the Birthday Parties are higher octane whilst still providing enquiry based learning and fun. If you are interested in seeing Mad Science in your child’s school please let us know. 


EXCLUSIONS


In the event that we consider:


a) you are in breach of any of these Terms and Conditions or any regulations issued from time to time by us;


b) the behaviour of your child is disruptive or likely to put other children or Mad Science staff in danger; or


c) your behaviour towards us, other customers, children in their care or our suppliers, agents, managers, subcontractors or employees is disruptive, inappropriate, consistently negligent (including late collection of your child) or likely to bring us or any of our products or services into disrepute,

we reserve the right to exclude your child from any Mad Science activity or part thereof.


In the event that your child is excluded, no fees or deposits will be repaid to you and we reserve the right to seek payment of the balance of any fees due to us.


RETURNED PAYMENTS AND REFUNDS

We will make an administrative charge of £7.50 to cover cheques returned unpaid or unreasonably disputed credit card payments or unhonoured Direct Debits.

In circumstances where a payment is returned:

Refunds are issued in the form in which the original payment was made with the exception of cash which will be refunded in cheque form.
We will process any refund within 28 days of notifying you that we are issuing you the refund.

No credits or refunds will be issued retrospectively.


GENERAL DISCLAIMER


For the avoidance of doubt, all our products and services are provided on an "as is" basis and save as expressly stated herein without representations, conditions, warranties or other terms of any kind, either express or implied, including, but not limited to, child development, non-infringement or title but excluding the implied warranties of satisfactory quality and fitness for a particular purpose.


CANCELLATIONS & VENUE CHANGES


We reserve the right to cancel any  service at any time up to and including the date the activity starts. Should this occur we will endeavor to give you at least seven day's notice and will attempt to offer you a viable alternative or will offer you a refund of any fee paid.

Occasionally it is necessary to temporarily change the venue of our activities. Where this occurs we will endeavor to ensure that the alternative venue is no more than five miles from the usual location. If the distance is greater than five miles and, as a result, your child is unable to attend, subject to application in writing by you, we will credit Your Account with the amount you paid for the Missed Session.
If a club is postponed  for example due to snow instructor sickness  Mad Science will work with the school to arrange an alternative date normally the missed session will be added at the end. We do not offer refunds but we  will always offer alternative dates to the school.


HEALTH & INJURIES

We accept children on the assumption that they are in good health and it is your responsibility to alert us to any medical complaint or history suffered by your child.


We do not accept responsibility for loss or damage arising from errors or omissions on the Registration Form whether completed by you or by another person in charge of your child at the time of completion.


We do not accept liability for death or personal injury to any child attending Mad Science or any activity related to Mad Science  whether organised by Mad Science or otherwise save to the extent that such death or injury shall be caused by the negligence or default of any member of our staff or any other default on our part.


PERSONAL PROPERTY


We do not accept responsibility for any loss of, or damage to, personal property belonging to you or your child irrespective of whether such possessions might be used by you or the child for the purposes of any Mad Science activity save to the extent that such loss or damage shall be caused by the negligence or default of any member of our staff or any other default on our part.


OTHER LOSSES


We do not accept responsibility for any loss or expense due to circumstances beyond our control, including, but not limited to, delays in public transport, weather, quarantine, sickness, bereavement, strikes or other industrial action, terrorism, fire and riot.


Without prejudice to the other terms of this agreement, in no event (including our own negligence) will we be liable for any:


a) economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);


b) loss of goodwill or reputation;


c) any other special, indirect or consequential losses; or


d) loss to third parties.


LIMITATIONS


No provision of these Terms and Conditions shall operate or be construed to operate so as to exclude or restrict our liability under the provisions of any UK legislation in force from time to time which are not capable of being excluded or restricted.


Save as otherwise required by UK legislation, our total liability for any loss, damages, costs or expenses shall not exceed an amount equal to the invoice value for the services provided.


THIRD PARTIES


A person who is not party to these Terms and Conditions or any agreement or document incorporating these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.


USE OF PERSONAL INFORMATION

Mad Science is registered under the Data Protection Act 1998 to process and store data relating to living individuals.


We may monitor and record communications with you (including phone conversations and emails) for quality assurance, legal, compliance and training purposes.


From time to time, photographs, film, video or audio recordings may be made during Mad Science activities for publicity, promotional or broadcast purposes. Please inform us before any such event if you do not wish you or your child to appear or be identified in any such material.

 

GENERAL

These Terms and Conditions and any documents referred to herein constitute the entire agreement between you and us in connection with your booking, purchase or use of our products and services superceding any prior agreements between you and us.

You agree that you have entered into these Terms and Conditions without reliance on any representation, warranty or undertaking by us which is not set out expressly in these Terms and Conditions.


We shall not be under any liability for any failure to perform any of our obligation under these Terms and Conditions if we are prevented from or delayed in so doing due to any circumstances beyond our reasonable control, provided that if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the contract.


If any payments which are due under these Terms and Conditions are not made by their respective due date, interest shall accrue on the full amount outstanding at a rate of 8% above the base lending rate of the Bank of England from time to time, from the due date until the date of actual payment.

CONTACT

You may contact us by calling the relevant telephone number found on our Website, or by writing to us at the address outlined in your acceptance letter or email. We will be deemed to have received any communication from you, in the case of communication by telephone at the time of you speaking to a telephone operator or, in the case of communication by post, a correctly addressed letter sent by pre-paid first class post or recorded delivery post shall be deemed to have been received two working days after the date of posting.


We may contact you by post, telephone, email, text or fax. Notification sent to you by post will be deemed received by you within two working days. Any other notification will be deemed received by you within one working day.


It is your responsibility to ensure that we have current contact details for you and all adults authorised to pick up your child. You must also keep us appraised of any changes in the health or other relevant circumstances of you or your child.


We may accept any instructions which are given to us regarding a child from anyone who is nominated as an authorised adult on the Registration Form for that child.



LAW & JURISDICTION


Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.


If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect.


Our relationship with you is subject to English law and you and we irrevocably submit to the exclusive jurisdiction of the courts of law.

 

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MAD SCIENCE CORPORATE

1. INTRODUCTION

Welcome to www.madscience.org (the “MS Site”). The MS Site is operated by Mad Science Group Inc. (“MS”), Through its franchise community, MS offers children's education and entertainment programs specializing in science and education.

MS and any and all entities that control, are controlled by, or are affiliated or under common control with, MS as well as it franchisees are collectively referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE MS SITE. By using the MS Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the MS Site.

Note that special terms apply to some services offered on the MS Site, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the MS Site and receipt of data, materials and information available at or through the MS Site, the possibility of our use or display of your Solicited Submissions (as defined below in Section 3, entitled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.

2. USE OF CONTENT

All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on MS Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the MS Site or delete Content or features at any time, in any way, for any or no reason.

Except as expressly agreed to in writing by Mad Science, no Content from any MS Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the MS Site, except that where an MS Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of MS Sites is prohibited.

In the event that we offer downloads of software on an MS Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

3. SUBMISSIONS

In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through an MS Site.

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on an MS Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any MS Site for which you do not seek Consideration (as defined below in Section 6, entitled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.

Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any MS Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).

Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

4. LICENSES AND REPRESENTATIONS

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on MS Sites, on third party web sites, stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 7 labeled "RULES OF CONDUCT") and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

To the extent that any Submissions you Distribute on or through MS Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.

To the extent that we solicit Submissions through features or activities on or through MS Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled "PUBLIC FORUMS AND COMMUNICATION") that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

5. ACCOUNTS

Some services on the MS Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at info@madscience.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any MS Site. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account and your ability to use any MS Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

6. PUBLIC FORUMS AND COMMUNICATION

"Public Forum" means an area, site or feature offered as part of any MS Site that offers the opportunity for users to Distribute Submissions for viewing by one or more MS Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you Distribute on or through any MS Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

7. RULES OF CONDUCT

The following Rules of Conduct apply to the MS Sites. By using the MS Sites, you agree that you will not Distribute any Submission that:

1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;

4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the MS Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the MS Sites; or

6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

8. COOPERATION; REMOVAL OF SUBMISSIONS

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any MS Site that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any MS Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

9. CONTENT ACCESSIBLE THROUGH LINKS FROM MS SITES AND SEARCH RESULTS

You should be aware that when you are on an MS Site, there may be links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any MS Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

10. DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO MS SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY MS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY MS SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

MS Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

The content of MS Sites are intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the MS Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.

11. INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the MS Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY MS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A MS SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY MS SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO MS SITES OR CHANGE THE MS SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these terms of use or the MS Sites shall be filed, and that venue properly lies, in the court of Montreal, Quebec, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any MS Site is appropriate or available for use in any particular location. Those who choose to access a MS Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

14. AMENDMENT

At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you by posting notice of such amendment on the MS Site covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following our posting of notice of the changes on the MS Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

15. GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY MS SITE MUST COMMENCE WITHIN THREE (3) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

16. CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

Notification of any trademark infringement must be sent to:

Mad Science Group Inc.
8360 Bougainville Street, Suite 201
Montreal, Quebec, Canada
H4P 2G1
Telephone Number: (514) 344-4181
Facsimile Number: (514) 344-6695
E-Mail Address: legal@madscience.org

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.