Terms of service

Acceptance and Copyright

Welcome to the Ticoti Baby website available online at www.ticotibaby.ca (hereinafter the " Website"). The Web Site is administered by Ticoti Baby Boutique with the collaboration of its partners, where applicable. The Web Site and its content are the property of Boutique Ticoti Baby and are protected by copyright.

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By browsing the Website, the user of the Website (hereinafter the "User") acknowledges, accepts and agrees to abide by these General Terms and Conditions of Use (hereinafter "GTC" ). In addition, User agrees not to make any use of the Website that violates any applicable law, guideline or regulation or that may in any way harm Ticoti Baby.

We reserve the right to modify these TOU at any time. With each new visit to the Website, the User is deemed to have read the changes to the TOU and to have accepted it by using the Website.

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 sole remedy is to leave the Website and/or request in writing that we delete his or her user account, if applicable.

Licence to Use

The User is permitted to view the Website and print some of its pages for his/her personal use for non-commercial purposes. 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 Website 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 in-stock quantities of any specific 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 varying conditions, errors on the Website or situations beyond our control. Prices displayed on the Website are quoted in Canadian dollars and are effective 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 shipping and handling charges as well as 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 features at any time and on more than one occasion, without 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 amount of the order or credit the User for the amount of the order, depending on the type of payment used.

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Consent with respect to the collection, use and disclosure of Data

For the purposes hereof, the term " Data " shall mean any entries, information or materials entered or uploaded to the Website by anyone acting for or through the User's account, 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 Quebec 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 related to his or her previous purchases (comparisons made anonymously). 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, in our sole discretion, the right to revoke the User's rights to use the Website in whole or in part.

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The Data disclosed by the User via the Website may, for processing and backup purposes, be hosted by a service provider located outside of Quebec or Canada (e.g., United States).

Data Ownership

The User understands and agrees that deletion and retrieval of Data that has been anonymized and incorporated into the aggregate dataset for analysis is not possible.

Browsing Analytics

We may use Internet servers that track information about people who visit our Website through what are called "cookies" (also 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.

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We occasionally use applications such as Google Analytics to collect information regarding traffic and optimization of our Website.

For further clarification, 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 disclose the identity of individuals who visit our Website and does not provide sufficient detail about the identity of visitors to allow us to contact them. This information is only collected for the purpose of managing and improving our Web Site 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 intended 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 data relating to the User's connection to the Website ("Login") and other encrypted information. If the User and/or visitor does not wish to accept these cookies, they can set their web browser to automatically refuse them or to notify them of their appearance.

User Name and Password

The User shall at all times remain solely responsible for maintaining the confidentiality of his or her username and password, it being understood that we shall in no event be 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 disclaim all liability for any losses arising from User's failure to comply with the security measures set forth in these TOU.

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We strongly recommend that the User consult the section LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES below to be fully informed about the extent of his/her responsibilities in using the services available on the Website.

Prohibited Uses

The usurpation of another's name, login or password to allow access to the Website by another user or to its services is prohibited.

User is responsible for complying with 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, it will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of the Agreement will continue to apply.

While we reserve the right to delete certain data or content, all at our own discretion, this remains 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 after either Party receives 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 navigational tool, the software as well as any related documentation and the domain name ticotibaby. ca are protected by copyright and/or applicable intellectual property laws and remain our exclusive property or that of our partners, if any (hereinafter the " Protected Content "), which the User acknowledges and agrees to.

No provision 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 therein, without our prior written permission. 

The User agrees not to, at any time, whether directly or indirectly, contest or infringe the aforesaid rights in the Protected Content and shall refrain from copying, modifying, duplicating or creating derivative work, republishing, uploading, transmitting, distributing, all or any part of the information generated or published on the Website in any other media or medium or by any means unless with 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 damages, whether direct or indirect, special, consequential, foreseeable or unforeseeable 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. A reference to any product, service, process or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute an implied endorsement, sponsorship or recommendation by us.

Please note that we are not responsible for the content of the Website.

Some jurisdictions do not allow limitations on implied warranties, or the exclusion of or limitation on consequential damages. If such laws apply, any of the above disclaimers, exclusions or limitations may not apply to the user, and the user may have additional rights to those provided herein.

Errors and Inaccuracies. We make no warranty whatsoever as to the freedom from error, accuracy, availability, reliability, security of content conveyed on the Website or links, products or features. Products are not always available and may be changed, substituted or deleted at any time.

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Compensation

User hereby agrees to indemnify and hold us fully harmless (including reasonable attorneys' fees), in the event of any losses incurred in whole or in part, including in the event that a lawsuit is brought in whole or in part against Ticoti Baby Store or Ticoti Baby Store personally, as a result of a breach of these TOU by User or any user in possession of User's password allowing access to 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. If any provision hereof is held invalid, it shall not invalidate any of the remaining provisions.

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Updated March 1, 2021