OVERVIEW

This website is operated by ThriveFully Kids Inc. under thrivefullykids.com and thrivefullykids.ca. Throughout the site, the terms “ThriveFully”, "ThriveFully Kids", “we”, “us” and “our” refer to ThriveFully Kids Inc. and the following website domains thrivefullykids.com and thrivefullykids.ca.

ThriveFully Kids Inc. offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here. Access to this Site is subject to these general terms and conditions of use. Carefully read all of the following terms and conditions of use before proceeding. Accessing this website is the equivalent of your signature and indicates your acceptance of these terms and conditions and that you intend to be legally bound by them, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These general terms and conditions of use (the “Terms of Use”) constitute a legal agreement between you (“You” and “Your”) and ThriveFully Kids Inc. (the “Company”) governing Your use of www.thrivefullykids.com and www.thrivefullykids.ca and all associated web pages owned by the Company (collectively, the “Website”). By accessing or using the Website or otherwise indicating Your consent to these Terms of Use, You agree to be bound by these Terms of Use and the documents referred to herein. If You do not agree with or accept any of the terms of these Terms of Use, You should cease using the Website immediately and do not enquire about any products and / or services offered from or described on this website. These electronic Terms of Use shall be the equivalent of a written paper agreement between You and the Company.

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.

If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve, in our sole discretion, the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. Any and all such amendments will be effective from the date they are published and will apply to all access to or continued use of the website. 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, regardless of whether the Company notified of you of such amendments.

SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Use, you certify that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You agree that the Website is for Your personal and non-commercial use only. You agree that You will only access or use the Website for lawful purposes and in accordance with these Terms of Use. As a condition of Your access to and use of the Website, You warrant and agree that You will not use or access the Website to:

1. violate or promote the violation of any government-imposed restriction or rule or of any third-party’s rights;
2. impersonate any person or entity, misrepresent Your affiliation with a person or entity, or do any other thing or act that brings the Company, any other user of the Website, or any third-party into disrepute or causes liability for the Company;
3. distribute viruses, worms, malware, or any other technologies that are malicious or that may harm or be destructive to the Company, the Website, other users of the Website, the Company’s affiliates, or any third-party, or in any other way interfere or attempt to interfere with the proper working of the Website;
4. reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third-party, or otherwise publish, deeplink, create derivative works from or exploit in any way the Website or any content on the Website except as permitted by the Company under these Terms of Use; and
5. harvest or otherwise collect, use, or disclose (including through the use of any robot, spider, or another automatic device, process, or means) content on the Website or personal information about any other user or users of the Website for any purpose.

You further represent and warrant with respect to any account that You may make on or through the Website that:

1. all the information You provide on or through the Website is correct, current, and complete;
2. any username, password, or any other piece of information chosen by You, or provided to You as part of the Company’s security procedures, if any, will be treated as confidential by You and will not be disclosed to any other person or entity;
3. You will notify the Company immediately of any unauthorized access to or use of Your username or password, if applicable, or any other breach of security; and
4. You will not transfer Your account, if any, to another person without the prior written consent of the Company.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms of Use will result in an immediate termination of your services and use of the website. When you purchase from thrivefullykids.com and / or thrivefullykids.ca, you accept our Terms of Use and Shipping Information and Return and Exchange Policy. Orders made during a presale / pre-order event at a special presale price cannot be canceled or returned. 

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your data (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 website, use of the website, or access to the website or any contact on the website through which the service is provided, without written permission by ThriveFully Kids Inc. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.  

 

SECTION 3 – USER GENERATED CONTENT

You may be able to submit, post, publish, display, or otherwise transmit content, material, or information to the Website or to other users or persons through or using the Website (“User-Generated Content”). You are entirely responsible for all User-Generated Content You submit, post, publish, display, or otherwise transmit on or through the Website. The Company is not responsible or legally liable to any third party for the content or accuracy of any User Generated Content submitted, posted, published, displayed, or otherwise transmitted on or through the Website by You or any other user of the Website. Any and all User-Generated Content must comply with all applicable laws, regulations, and these Terms of Use.

User-Generated Content may be removed, hidden, edited, or otherwise altered at the sole discretion of the Company for any or no reason, with or without notice, and at any time. However, the Company has no obligation, nor any responsibility to any party to monitor the Website or its use, and does not and cannot undertake to review User Generated Content. The Company cannot ensure prompt removal of objectionable material, including User Generated Content, and the Company has no liability for any action or inaction regarding transmissions, communications, or content, including User Generated Content, provided by any user of the Website or third-party, subject to applicable laws.

The discretion of the Company will be informed, but not limited by, the following guidelines for inappropriate User Generated Content. User-Generated Content may be deemed inappropriate by the Company if it contains, depicts, includes, discusses, encourages, or involves, without limitation:

1. material or conduct that is illegal, exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other such legally prohibited ground;
2. any false, inaccurate, or misleading information, or the impersonation or attempted impersonation of the Company, an employee of the Company, another user of the Website, or any other person or entity;
3. conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company in its sole discretion, may harm the Company or users of the Website, or expose either to liability;
4. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; or
5. material or conduct that is otherwise objectionable, as determined by the Company at its sole discretion.

By submitting, posting, publishing, displaying, or otherwise transmitting any User Generated Content on or through the Website, You agree to grant the Company, its successors, and as-signs, and the Company’s affiliates and service providers as necessary, a worldwide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, copy, and otherwise disclose for any purpose any User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Website. You waive all moral rights in any such User Generated Content.

 

SECTION 4 – INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

The Website and all the content of the Website (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Website but excluding User Generated Content), the manner in which such content is presented or appears and all information relating thereto, and the Website’s features and functionality (collectively, the “Website IP”) are owned by the Company, its licensors, or other providers of such Website IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.

The Company grants You a personal, revocable, non-transferable, and non-exclusive license to access and read the Website IP.

You agree that, except as explicitly authorized by the Company, You will not:

1. distribute the Website IP for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Website IP by the press or media or through any commercial network, cable, or satellite system;
2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Website IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
3. allow any third-party to access the Website IP.

  

SECTION 5 – CANCELLATION OF ORDERS AND RETURNS AND EXCHANGES

CANCELLATION OF ORDERS

We work to fulfill and deliver our orders to our amazing customers as quickly as possible. Due to the speed at which orders are fulfilled (normally within an hour) it is not possible to cancel an order once it has been placed. If you have changed your mind about your order, please see our return and exchange policy here.

Please note that in exceptional circumstances certain orders may be cancelled at the discretion of ThriveFully Kids Inc. if the product is listed at an incorrect price or for any other reason. 

 

RETURN AND EXCHANGE

We hope you love your new playmat as much as we do, but if you decide that your new ThriveFully Kids product isn’t for you, you can return or exchange it any time within 14 days from the original date of delivery so long as you meet our return and exchange conditions set out below. Simply email us at support@thrivefullykids.com, provide your order number and a member of our customer care team we will send you an email with the return or exchange instructions. Please note that as part of the return or exchange process we may request a photo of your product.

Please note, that in its sole discretion, ThriveFully Kids is free to refuse a return or exchange if any of the Return or Exchange conditions are not met.  

  
In the very few circumstances, where we do not offer free shipping, please note that we do not offer refunds for shipping fees, so if you originally paid shipping for your order, you will only be refunded the cost of the item(s) you return, less the shipping. 

Return and Exchange Conditions

 

Please make sure your item meets all our return and exchange conditions:

• Product must be in perfect, unused and resalable condition.
• Product was never assembled, fully or partially (applies on all items that require assembly).
• Product must be in its original packaging and in the same condition it was received. 
• Product includes all original parts and hardware, including velcro straps and plastic bag for foam mats. 
• Return or Exchange is initiated within 14 days of the original date of delivery.

Important Information:

• We provide free shipping to most of Canada and the US, however in the few exceptions where shipping may apply, original shipping fees are not refundable.
• We are free to accept or refuse a return or exchange if it does not comply with all of our return and exchange conditions. 
• In the event of a non-compliant return, ThriveFully Kids in its sole discretion, may choose to proceed in one of the following ways: your item will be returned to you at your expense OR 50% of the item value will be refunded to you in the form of a store credit OR your item will be donated to a local charity. 

How to initiate a return

1. Make sure that your return meets all our return and exchange conditions outlined above. 
2. Contact our customer care team at support@thrivefullykids.com
3. Our customer care team will review your return or exchange request and confirm its approval by email. We will send you a confirmation by email along with precise return or exchange instructions. 

Exceptions - Items that cannot be returned:

• Items sold as a pre-order.
• Items sold with a 40% discount or more. 
• Items offered free of charge as part of a contest or collab.
• Items that have already been used and / or assembled (partially or fully).
• Items not in original packaging.
• Items in original packaging that has been modified or damaged.
• Items that have been damaged by abuse or misuse.
• Items that are identified as final sale.  

IMPORTANT: Once we process a refund, it is immediate and you will get an email confirmation that the refund has been issued. However, it can take up to 10 business days to reflect in your account depending on the bank and the payment method used at checkout.

Refunds or Cancellation with Sezzle/Afterpay

In addition to compliance with our standard refund and exchange policy, please note that all orders purchased using Sezzle or Afterpay are subject to a Sezzle / Afterpay 7% processing fee, which ThriveFully Kids covers on your behalf at checkout. This 7% processing fee will be deducted from any refunded amount when an order is returned.

SECTION 6 – WARRANTY

Warranty 

1. Padded Foam Playmat

 

Padded foam playmats that are purchased through our website come with a 1 – year Limited Manufacturer Warranty. If you purchased our padded foam playmat through one of our authorized resellers, your playmat comes with a 30-Day Warranty, but you can register your playmat within 30 days of the initial purchase to claim our 1-year Limited Manufacturer Warranty as well. This can be done through our warranty registration process available on our website here.   

The details of our 1-year Limited Manufacturer Warranty for our padded foam playmats are as follows: 

We warranty the craftsmanship and materials of our padded foam playmat for 1-year from the initial date of purchase through the ThriveFully Kids Inc. website or one of our authorized re-sellers (when your product is registered within 30 days of purchase). This warranty covers defects in parts, materials and significant and unusual wear damage due to normal use but does not cover damage due to abuse or mis-use or by failure to follow the Padded Foam Playmat Care Instructions provided on the ThriveFully Kids website. If damage occurs due to normal use or defects in the parts or materials, we will replace part or all of the product or refund the product, at our discretion. Our products are designed for indoor use, with the exception of our waterproof organic cotton playmat. Outdoor use of our padded foam playmat or failure to follow the outlined Care Instructions for our padded foam playmats voids this warranty. All foam playmats purchased through authorized resellers must be registered through our website within 30 days of purchase to qualify for the 1-year Limited Manufacturer Warranty. 

Please note that our warranty does not cover normal wear and tear from daily use which will occur over time and is normal with all foam playmats or damage from misuse or use by pets. It also does not cover the natural slight yellowing of our foam playmats which can occur over time and is more prominent around the edges where our mats were heat sealed. This slight yellowing is due to the non-toxic nature (made without toxic plasticisers and chemical / colour stabilizers) of the materials we use to ensure the highest safety standards for your child. Slight yellowing can be more common with lighter colour designs and if Playmat Care Instructions are not followed.

2. Organic Cotton Playmats (Plush and Waterproof)

The Plush organic cotton playmat and waterproof playmat that are purchased through our website come with a six month Limited Manufacturer Warranty. If you purchased either the Plush or waterproof organic cotton mat through one of our authorized resellers, your product comes with a 30-Day Warranty, but you can register your item within 30 days of the initial purchase to claim our six month Limited Manufacturer Warranty as well. This can be done through our warranty registration process available on our website here.   

The details of our six month Limited Manufacturer Warranty for our Plush and waterproof Organic Cotton playmats are as follows: 

We warranty the craftsmanship and materials of our Plush and waterproof organic cotton playmats for six months from the initial date of purchase through the ThriveFully Kids Inc. website or one of our authorized re-sellers (when your product is registered within 30 days of purchase). This warranty covers defects in parts, materials and significant and unusual wear damage due to normal use but does not cover damage due to abuse or mis-use or by failure to follow the organic cotton Playmat Care Instructions posted on the ThriveFully Kids website. If damage occurs due to normal use or defects in the parts or materials, we will replace part or all of the product or refund the product, at our discretion. Our products are designed for indoor use, with the exception of our Grounded waterproof organic cotton playmat. Outdoor use of our non-waterproof Plush organic cotton playmats or failure to follow the outlined Care Instructions for our organic cotton mats voids this warranty. All Plush and waterproof organic cotton playmats purchased through authorized resellers must be registered through our website within 30 days of purchase to qualify for the six month Limited Manufacturer Warranty. 

Please note that our warranty does not cover normal wear and tear from daily use which will occur over time and is normal with all organic cotton mats or damage from misuse or use by pets.

 

SECTION 7 - POLICY FOR PRODUCTS RECEIVED WITH DAMAGE, DEFECT or a MISSING PART:

For any product received with a defect or damage, please contact us at support@thrivefullykids.com within 14 days of original delivery, providing a description as well as pictures and / or video of the defect or damage, and we will happily replace your mat at no cost to you.

If instead you wish to return your item in full, you may do so in accordance with our Return and Exchange policy.

Exclusions to this Policy:

We will not be able to process your claim if your item: 

• Was delivered more than 14 days ago
• Has been used. The Warranty Policy applies instead. 

It is important to note that given the non-toxic nature of the materials we use in our foam playmats (made without toxic plasticisers and chemical / colour stabilizers) slight natural yellowing along the edges due to the heat sealing process may be present. Slight discoloration may be more prominent with lighter colour designs. This is not a defect of the foam mat but a feature of the premium quality and material that we use. It is also normal that natural wear and tear may occur over time like with any foam mat.

 

SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

You understand and agree that the Website, any content on the Website, and any services or items found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for particular purpose, or non-infringement.

Except as otherwise expressly required by applicable law, the Company makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Website or any content on the Website, including without limitation as to completeness, security, reliability, suitability, accuracy, availability, or currency of the Website or any content on the Website, that the Website or any content on the Website will be free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Website or any content on the Website for a particular purpose. The Company assumes no obligation to update the Website or any content on the Website. The Website or any content on the Website may be changed without notice to You.

To the maximum extent permitted by applicable law, the Company excludes all liability (whether arising in contract, tort, breach of statutory duty, or otherwise), which the Company may otherwise have to You as a result of any error or inaccuracies in the Website or any content on the Website, the unavailability of the Website for any reason, or any representation or statement made on or through the Website or any content on the Website.

The Company is not responsible for any content on the Website, including User Generated Content, that You may find undesirable or objectionable.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

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. 

 

SECTION 9 - DOWNLOADS  

The Company cannot and does not guarantee or warrant that files or data available for downloading on, through, or as a result of the Website will be free of viruses or other destructive code. You are solely and entirely responsible for Your use of the Website and Your computer, Internet, and data security. To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Website or any services or items found or attained on, through, or as a result of the Website or to Your downloading of any material posted on or through the Website, or on any website linked to the Website.

 

SECTION 10 – THIRD PARTY SITES

The Website or content on the Website may contain links to third-party sites. The Company does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Website or from any content on the Website. Where You access such sites, You acknowledge and agree You are doing so at Your own risk. Your use of a third-party site may be governed by the terms and conditions of such site. 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 In providing links to third-party sites, the Company is in no way acting as a publisher or disseminator of any material contained on those sites and does not and does not seek to monitor or control such sites.

 A link to a third-party site does not mean and should not be construed to mean that the Company is affiliated or associated with such third-party in any way. The Company does not recommend or endorse any material found on such third-party sites. The mention of another party or its product or service on the Website or in any content on the Website is not and should not be construed as an endorsement of that party or its product or service.

 

SECTION 11 - ITEM'S PRICES AND CUSTOM TAXES  

ThriveFully Kids Inc., the Company reserves the right to modify, at any time, the prices of products of thrivefullykids.com and thrivefullykids.ca that are listed on the website, without notice. Any changes to the prices of the items on thrivefullykids.com and thrivefullykids.ca  will not, however, affect the customers who have already purchased on the website. The Company is not responsible for any taxes and/or customs duties in the country of destination of the Products. We cannot predict, in any way, if custom duties will be charged by the country of destination. For more information, please contact the customs office of your country. In all cases, any costs related to import taxes and/or customs duties will be charged to the customer.  

 

SECTION 12 - MODIFICATIONS TO THE WEBSITE

We reserve the right, at any time, to modify or discontinue the website (or any part or content thereof), including products, without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the of a product or service listed on the website. 

 

SECTION 13 - PRODUCTS OR SERVICES (if applicable) 

Certain products or services may be available exclusively online, through the website. These products or services may have limited quantities and 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 available in our store. We cannot guarantee that your device'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. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website 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. In the event that you are not satisfied with your purchase, you can apply for a return request directly on our website. For more information, visit our Return and Exchange Policy page.

 

SECTION 14 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, at 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 of purchase. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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 if needed. 

 

SECTION 15 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. By using the Company’s Website or by submitting Your personal information, including User Generated Content, on or through the Website, You consent to the collection, use, and disclosure of Your personal information in accordance with the terms of the Privacy Policy.

 

SECTION 16 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful 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 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

 

SECTION 17 – ENFORCEMENT, SUSPENSION AND TERMINATION

The Company may in its sole discretion for any or no reason, with or without notice, and at any time:

1. terminate these Terms of Use;
2. limit, suspend, or terminate Your access to or use of the Website;
3. take technical and legal steps to prevent You from accessing or using the Website; or
4. remove or otherwise modify any User Generated Content.

 

Any such termination or action by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and equitable remedies. Any terms of these Terms of Use which are necessary to give effect to the rights of the Company under these Terms of Use or that contemplate survival beyond termination shall survive, except to the extent not permitted by law.

SECTION 18 – RELIANCE

  

Any reliance You may place on the Website or any content available on, through, or as a result of the Website is at Your own risk. Any content provided by the Company on, through, or as a result of the Website is provided for general information purposes only and to inform You about the Company and the Company’s products, news, features, services, and other websites. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply Your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Website or any content on the Website, including User Generated Content, including without limitation the use of the Website or any content on the Website, including User Generated Content, as the basis for any conclusions.

  

SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our website or services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the website or service will be accurate or reliable. 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. 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 website 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.

 

The customer assumes all responsibility for injuries to persons from any use or interaction with our products as well as any damages to property, and agrees to release and hold ThriveFully Kids Inc. harmless for any and all claims, of whatsoever nature, arising out of use of our products.

 

EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECO-NOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES THE COMPANY MAY MAKE TO THE WEBSITE OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING USER GENERATED CONTENT; (C) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AS APPLI-CABLE. NOTWITHSTANDING THE FOREGOING, IF THE COMPANY IS FOUND TO BE LIABLE FOR ANY REASON, THE COMPANY’S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (Y) THE TOTAL FEES SUCH PARTY MADE TO THE COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (Z) $150 CAD.

 

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

 

SECTION 20 – WAIVER

 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

SECTION 21 – FORCE MAJEURE

 

The Company shall have no liability to You for any breach of these Terms of Use caused by any event or circumstances beyond the Company’s reasonable control including without limitation strikes, lock-outs and other industrial disputes, breakdown of systems or network access, disease, flood, fire, explosion, or accident.

 

SECTION 22 - INDEMNIFICATION 

To the maximum extent permitted by applicable law, You agree at all times to indemnify, defend, and hold harmless the Company, its agents, affiliates, partners, and its and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, actions, proceedings, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal and other fees and disbursements) sustained, incurred, or paid by the Company, or arising out of or relating to Your breach of these Terms of Use or Your access or use of the Website, including without limitation any User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Website, and Your access to, use, or misuse of the Website or any content on the Website.

 

 SECTION 23 – RELEASE

 

 If You have a dispute with one or more other users of the Website, You release the Company, its affiliates, and licensors (and its and their directors, officers, employees, agents, and subsidiaries) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

SECTION 24 - SEVERABILITY 

Any term of these Terms of Use that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms of Use, all without affecting the remaining terms of these Terms of Use or affecting the validity or enforceability of such terms in any other jurisdiction. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or Your statutory rights.

 

SECTION 25 - ENTIRE AGREEMENT 

These Terms of Use together with the Privacy Policy and other documents referred to herein contain the entire understanding and agreement between Us in relation to Your use of the Website, and supersede and replace all prior and contemporaneous understandings, agreements, representation, statement, or other communication made by You or the Company, whether written or oral, that is not contained herein.

 

SECTION 26 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in Nova Scotia, Canada or any Canadian Federal laws that may be applicable.

 

SECTION 27 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Use following the posting of any changes to these Terms of Use constitutes acceptance of those changes. 

 

SECTION 28 - CONTACT INFORMATION 

Questions about the Terms of Use should be sent to us at hello@thrivefullykids.com. The Website is operated by ThriveFully Kids Inc., Suite #413, 3-644 Portland Street, Dartmouth NS, B2W 6C4.

 

You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with the Company or have purchased a product or service from the Company, the Company will send You information and documents to the e-mail address in Your account profile on the Website or provided in the course of purchasing such product or service. You will send information and documents to the Company by email to hello@thrivefullykids.com.

Every notice that You are required or permitted to provide under these Terms of Use to the Company shall be in writing and provided to hello@thrivefullykids.com. All notices from the Company to You will be displayed on the Website from time to time.