Terms of Use
Acceptance and Copyright
Welcome to the Ticoti Baby website available online at www.ticotibaby.ca (hereinafter the "Website"). The website is administered by Ticoti Baby Boutique with the collaboration of its partners, where applicable. The Website and its content are the property of Ticoti Baby Boutique and are protected by copyright.
By browsing the website, the Website user (hereinafter the "User") acknowledges, accepts and agrees to abide by these General Terms of Use (hereinafter the "GTU"). In addition, the User agrees not to make any use of the Website in contravention of any applicable law, regulation or guideline or which may be detrimental in any way to Ticoti Baby.
We reserve the right to modify these TOU at any time. Each time the User visits the Web Site, he or she is deemed to have read and accepted the changes to the TOU by using the Web Site.
If, at any time, the User does not agree with these TOS, we request that the User does not browse the Website or consult its contents or continue to receive the services offered therein. We are not responsible for any damage, trouble or inconvenience arising from browsing the Website. If the User suffers any harm or disagrees in any way with the provisions of these TOU his or her only recourse is to leave the Website and/or request in writing that we delete his or her user account, if applicable.
License to Use
The User is permitted to view the Website and print certain pages of the Website for his or her personal, non-commercial use. User may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, merge with other data, transfer, or sell any information, materials, software, products, or services contained on the Web Site in any form, in whole or in part.
Product Orders
We attempt to fulfill all orders placed on the Website. However, we cannot guarantee the quantities in stock of any particular product displayed on the Website. We also reserve the right to discontinue the sale of any product displayed on the Website at any time without notice.
The price of products offered on the Website may vary from another advertised price due to changing conditions, errors on the Website or situations beyond our control. Prices on the Website are quoted in Canadian dollars and are valid only in Canada. These prices do not include shipping and handling (unless otherwise indicated) or sales taxes, if any, which will be added to your total invoice amount. It is your responsibility to pay for shipping and handling and any taxes that may apply to your order.
Subject to applicable law, we reserve the right to change the products and services advertised or offered for sale on the Website and their prices and specifications at any time and on more than one occasion, without prior notice and without liability to anyone, including the User. We reserve the right to cancel, terminate or not process any order (including an accepted order) if the price or other material information on the Website is inaccurate or if it is found to be in violation of our policies. If we do not process an order for this reason, we will notify the User that the order has been cancelled and we will either not charge the User for the order or credit the User for the order, depending on the type of payment used.
Consent to Collection, Use and Disclosure of Data
For the purposes hereof, the term "Data" means all entries, information or documents entered or uploaded to the Website by anyone acting for or on behalf of the User, relating to the User and which may include confidential information and/or personal information within the meaning of applicable privacy legislation, including the Civil Code of Québec and the Act respecting the protection of personal information in the private sector. By using the Website, the User authorizes us to have access to his/her Data, which he/she agrees to disclose to us via the Website, for backup purposes. In addition, the User authorizes us to use the Data to improve his or her customer experience and to improve our commercial offer, in particular for statistical and benchmarking purposes, to propose products in relation to his or her previous purchases (comparisons made in an anonymous manner). At any time, the User may contact us to withdraw this authorization. However, in the event of a total or partial withdrawal of this authorization, we reserve the right, at our sole discretion, to revoke the User's rights to use the Website in whole or in part.
The Data disclosed by the User via the Website may, for processing and backup purposes, be hosted by a service provider located outside Quebec or Canada (e.g., United States).
Ownership of Data
The User understands and agrees that deletion and retrieval of Data that has been anonymized and integrated into the aggregate dataset for analysis purposes is not possible.
Navigational Analysis
We may use Internet servers that track information about visitors to our Web Site through what are known as "cookies". These cookies are placed on the User's computer or mobile device when they visit the Ticoti Baby Website and identify, among other things, the visitor's domain name, time and day of visits, Internet Protocol (IP) addresses, browser type and version, and pages viewed. This information may be aggregated into collective data and shared with third parties for research or statistical purposes.
From time to time, we use applications such as Google Analytics to collect information regarding traffic and optimization of our Website.
Specifically, Google Analytics allows us to track user actions including, but not limited to, page visited, links clicked, session time, frequency of visit.
This information does not reveal the identity of the persons who visit our Website and does not allow us to give sufficient details on the identity of the visitors to allow us to enter into communication with them. This information is only collected for the purpose of managing and improving our Website and the commercial offer to the User and to solve technical problems that may affect it. The Data collected in this way remains completely anonymous and is only used to improve the management and performance of the Website and to improve the commercial offer.
Several "cookies" are cached. The information stored on the User's computer includes the User's login data to the Website ("Login") and other encrypted information. If the User and/or visitor does not wish to accept these cookies, he/she can set his/her Internet browser to refuse them automatically or to notify him/her of their appearance.
User name and password
The User is at all times solely responsible for maintaining the confidentiality of his or her user name and password, it being understood that we shall not be held liable for any unauthorized use of the user account. In the event that the confidentiality of such information is compromised, it is the User's responsibility to contact us by email as soon as possible to avoid fraudulent use of the User's identity. We are not responsible for any losses arising from User's failure to comply with the security measures set forth in these TOU.
We strongly recommend that the User consult the LIMITATION OF LIABILITY AND DISCLAIMER section below in order to be fully informed of the extent of his/her responsibilities with respect to the use of the services available on the Website.
Prohibited Uses
The usurpation of another's name, login or password to access the Website by another user or its services is prohibited.
It is the user's responsibility to comply with all applicable laws. Any person who uses the Website in violation of this provision or any other provision set forth herein does so at his or her own risk and, in the event that any provision of this Agreement is invalid or unenforceable under applicable law, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Agreement shall continue to apply.
While we reserve the right to delete certain data or content, all at our own discretion, this is an option and not an obligation.
Term and Termination
These TOU for the use of the Website shall commence upon User's first use of the Website until the 30th day following receipt by either Party of written notice from the other Party that it wishes to terminate these TOU and delete the User account (the "Term"), if applicable.
Intellectual Property
The form and content of the Website (including, without limitation, its graphical interfaces, the current and future trademarks and logos owned by us and all variations thereof appearing on the Website, the navigation tool, the software and any related documentation and the ticotibaby.ca domain name are protected by copyright and/or applicable intellectual property laws and remain our exclusive property or that of our partners, as the case may be (hereinafter the "Protected Content"), which the User acknowledges and agrees.
Nothing contained on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or Protected Content contained on the Website without our prior written permission.
The User agrees not to, at any time, either directly or indirectly, challenge or infringe the aforementioned rights in the Protected Content and shall not copy, modify, duplicate or create derivative works of, republish, upload, transmit, distribute, all or any part of the information generated or published on the Website in any other media or medium or by any means whatsoever unless you have obtained our prior written consent.
Limitation of Liability and No Warranties
General. In no event shall we be liable for any loss of any kind, including any direct or indirect, special, consequential, foreseeable or unforeseeable damages arising out of the use of the Website and its contents, and the User shall be solely responsible, to our fullest exoneration.
No Warranty. The Website and its content and all features are provided on an "as is" and "as available" basis and User agrees to use them at User's own risk. We make no representations or warranties of any kind, express, statutory, implied, arising from course of dealing or otherwise, with respect to the services offered, features and or content on the Website. Reference to any product, service, process or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute an endorsement, sponsorship or recommendation by us.
Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. If such laws apply, any of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those provided herein.
Errors and Inaccuracies. We make no warranty as to the freedom from error, accuracy, availability, reliability, security of the content on the Website or as to the links, products or features. Products are not always available and may be changed, substituted or discontinued at any time.
Indemnification
User hereby agrees to indemnify and hold us harmless (including reasonable attorneys' fees) from and against any and all losses incurred in whole or in part, including in the event that any legal action is brought in whole or in part against Ticoti Baby Store or Ticoti Baby Store personally, as a result of any violation of these TOU by User or any user in possession of User's password to access User's account.
Jurisdiction
These TOU are governed by the laws applicable in Quebec. Any dispute concerning their application or interpretation shall be submitted to the competent courts of the province of Quebec, in the district of Montreal to the exclusion of all others. The invalidity of any provision of this Agreement shall not affect the validity of any other provision.
Updated March 1, 2021