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Terms of Service

This website (“website” or “site”) is operated by Kiddazzle, Inc.  Throughout the site, the terms “we”, “us” and “our” refer to Kiddazzle, Inc.  Kiddazzle, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing product from us, you engage in our “Service” and agree to be bound by the following terms of service (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, or in any other part of this website.  By using this website, you agree to these Terms of Service and confirm that you understand and assume any risks related to the use of this website.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

We ask that you read these Terms of Service carefully before accessing or using our website. Your accessing or use any part of the site in any manner, constitutes your acknowledgement that you have read and understand the Terms herein and agree to be bound by these Terms of Service. If you do not consent to all the Terms of Service of this agreement, then you may not access the website or use any services.

 

PRIVACY POLICY

You confirm that you have read the Kiddazzle, Inc. Privacy Policy statement, the terms of which appear on this website and are incorporated into these Terms of Service, and agree that the terms of such Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by Kiddazzle, Inc. in accordance with the terms set out in the Kiddazzle, Inc. Privacy Policy statement.

Our store is hosted on Squarespace.  They provide us with the online e-commerce platform that allows us to sell our products and services to you and have their own Privacy Policy.  By accessing, interacting with and using this site, you are consenting to be bound by the Privacy Policy of Squarespace, which can be found at: https://www.squarespace.com/privacy.

 

SOCIAL MEDIA AGREEMENT

You confirm that you have read the Kiddazzle, Inc. Social Media Agreement, the terms of which appear on this website and are incorporated into these Terms of Service, and agree that the terms of such Social Media Agreement are reasonable and agree to be bound by the terms therein.

 

GENERAL CONDITIONS 

We reserve the right to refuse service to anyone, for any reason, at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You represent that you are at least the age of majority in your state or province of residence, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form. If you are under the age of majority in your state or province of residence, you can use the website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use this website. 

If we suspect that your Registration Data is inaccurate, we may suspend or terminate your account.

 

PRODUCTS AND SERVICES

Certain products or services may have limited quantities and certain circumstances may prevent an item from being available.  Products are subject to return or exchange only according to our Return Policy.  We have made every effort to display as accurately as possible the colors and images of our products that appear on this website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All sizes quoted are approximate. All prices quoted are payable in the currency indicated and, unless otherwise stated, do not include shipping charges or sales tax.

Kiddazzle, Inc. may make changes to any products or services offered on this website, or to the applicable prices for any such products or services, at any time, without notice, at our sole discretion. We reserve the right to discontinue any product or Service (or any part of content thereof) without notice, at any time, at our sole discretion.  The materials on the website with respect to products and services may be out of date, and we make no commitment to update the materials on the website with respect to such products and services. We further reserve the right to limit quantities, reject, correct, cancel or refuse orders, and to terminate accounts, in our discretion, including, without limitation, if we believe that customer conduct violate applicable law or is harmful to the interests of Kiddazzle, Inc. or any Third Parties.  We shall not be liable to you, or to any third-party, for any modification, price change, suspension or discontinuance of the Service.

Additional terms and conditions may apply to purchases of products and services and to specific portions or features of this website, all of which terms and conditions are made a part of these Terms of Service. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Service and the terms posted for, or applicable to, a specific portion of the website, or for any service offered on or through the website, the latter terms shall supersede with respect to your use of that portion of the website or the specific service.  Our obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter such agreements.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on the site.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

USE OF SITE

Neither this website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express written permission of Kiddazzle, Inc., except that you may download, display and print the content presented on this website for your personal, non-commercial use only. 

Unauthorized use of the site and/or the content contained on the site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of such content on any other website or in any environment of networked computers is prohibited

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of us or others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

You are further prohibited from contributing, distributing, posting, uploading, transmitting or otherwise publishing through the site, any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.  

You may not upload commercial content on this website or use this website to solicit others to join or become members of any other commercial online service or other organisation.  Impersonation of others, including a Kiddazzle, Inc. or other licensed employee, host, or representative, as well as other members or visitors on this website, is prohibited.

In our sole discretion, in addition to any other rights or remedies available to Kiddazzle, Inc. and without any liability whatsoever, we at any time, and without notice, may terminate or restrict your access to any component of the site. 

 

COPYRIGHT 

The entire content included in this website, including but not limited to text, graphics or code, content, video and audio, and the selection, layout and arrangement thereof are the property of Kiddazzle, Inc. and/or its various subsidiaries, affiliates, third party providers and distributors, and is protected under the copyright and other laws of Canada, and other countries as applicable. The collective work includes works that are licensed to Kiddazzle. Inc. Copyright 2019, Kiddazzle, Inc.  ALL RIGHTS RESERVED.

 

TRADEMARKS

 Kiddazzle, Kidcover, and all other Kiddazzle related trademarks, trade names, service marks, design marks, corporate logos and emblems displayed on the website (collectively, the “Trademarks”) are registered and common law trademarks of either Kiddazzle, Inc.  or one of its affiliates. Other trademarks, trade names, service marks, design marks, corporate logos and emblems appearing on this website are the intellectual property of their respective owners and have been used with their permission. Nothing contained on this website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Kiddazzle, Inc. or such other party that may own the applicable trademarks.

 

LIABILITY DISCLAIMER

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free, that the defects will be corrected, or that this website, or the server that makes the website available, are free of viruses or other harmful components.

We do not make any warranties or representations regarding  the accuracy, completeness, currency, reliability or suitability of the operation of the site, or any of the content or data found on the site, or the results obtained from the use of this service, and expressly disclaim all warranties and conditions in respect of the site, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

We are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

We assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the site or downloading of any materials, data, text, images, video or audio from the site, including any third-party links.

In no event shall Kiddazzle, Inc., and our parent, subsidiaries, affiliates, partners, officers, directors, shareholders, employees, agents, licensors, contractors, subcontractors, suppliers, interns, consultants, representatives, service providers, and any other person acting under Kiddazzle Inc’s permission or authority, be liable for any injury, loss, claim, or any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or in any way connected with your use of the site or content found herein, the operation of the site, failure or delay in the operation of the site (including, but not limited to the inability to use any component of the site for purchases), your use of any of the service or any products procured using the service, or the performance of the products, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product, posted, transmitted, or otherwise made available via the service, even if we have been advised of their possibility of damages. If, notwithstanding the foregoing, Kiddazzle, Inc. should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the site or its content, the liability of Kiddazzle, Inc. shall in no event exceed in the aggregate $250 CAD.

The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.  Any reliance on material on this site is at your own risk. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, and in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You shall indemnify, defend, and hold harmless Kiddazzle, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, shareholders, employees, agents, licensors, contractors, subcontractors, suppliers, interns, consultants, representatives, service providers, and any other person acting under Kiddazzle Inc’s permission or authority, from and against all claims, liability, losses, cause of action or demand, expenses, damages and costs, including reasonable legal fees, accounting and other professional fees, brought as a result of or in connection with your use of the site, or made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this website using your Internet account.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Kiddazzle, Inc. may link to websites operated by third parties and certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated or associated with us.  However, even if the third party is affiliated with Kiddazzle, Inc., we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kiddazzle, Inc.  These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked website or information contained therein or of their security or privacy practices. If you decide to access other websites, you do so at your own risk.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant, and will not have any liability or responsibility for, the websites, materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Nonetheless, we seek to protect the integrity of this website and the links placed therein and therefore requests any feedback on not only this website but for third-party linked websites.  Complaints, claims, concerns, or questions regarding third-party products should otherwise be directed to the third-party directly.

 

USER NAME AND PASSWORD

Certain features or services offered on or through the website may require you to open an account. Your website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Kiddazzle, Inc. representative.  We recommend that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of Kiddazzle, Inc., and may be cancelled or suspended at any time by Kiddazzle, Inc. without any notice or liability to you or any other person. Kiddazzle, Inc. is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Kiddazzle, Inc. of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

 

NON-CONFIDENTIAL USE OF CUSTOMER CONTENT

If, at our request, or without a request from us, you send certain specific submissions (for example contest entries), or you send feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or any other form of communication (collectively “Customer Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any Customer Content that you forward to us. We are and shall be under no obligation (1) to maintain any Customer Content in confidence; (2) to pay compensation for any Customer Content; or (3) to respond to any Customer Content.

If you provide Customer Content you grant Kiddazzle, Inc. a non-restricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Kiddazzle, Inc. the right to use the name you submit with the Customer Content, if any, in connection with Kiddazzle, Inc.’s rights hereunder.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Customer Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Customer Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Customer Content. You are solely responsible for any Customer Content you make and their accuracy. We take no responsibility and assume no liability for any Customer Content posted by you or any third-party.

 

RELATIONSHIP

The relationship between Kiddazzle, Inc. and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Service or your use of the site.

 

AMENDMENTS TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service at any time by posting updates and/or changes to our website, but we have no obligation to update any information on our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.  You agree that it is your responsibility to monitor changes to our site. 

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

This site may contain certain historical information.  Historical information, necessarily, is not current and provided for your refence. 

 

GENERAL TERMS

Headings

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms of Service.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, invalid, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the balance of these Terms of Service.  Any terms which are deemed to be unlawful, invalid, void or unenforceable shall not affect the validity and enforceability of any other remaining terms.

Governing Law

This Terms of Services and its performance shall be governed by the laws of the Province of Ontario, Canada and the federal laws of Canada, as applicable. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Site and these Terms of Service.

Failure to Exercise or Enforce

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Ambiguities

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party

Termination

These Terms of Service, or any part of them, may be terminated by Kiddazzle, Inc. without notice at any time, for any reason and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes, including, but not limited to the terms relating to Copyright, Trademark, Disclaimer, Limitation of Liability, and Indemnification.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitutes the entire agreement and understanding between you and us relating to the subject matter hereof, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  These Terms of Service may not be modified except by Kiddazzle, Inc. as set out herein.

Contact Information

Question about the Terms of Service should be sent to info@kiddazzle.com.

 

Last Updated:           October 4, 2019