Thank you for visiting our website. The following Website Terms and Conditions of Use (“Terms and Conditions”) apply.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE AND YOU MUST DISCONTINUE FURTHER USE OF THIS WEBSITE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING MODIFIED TERMS AND CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS WHENEVER YOU USE THIS WEBSITE AND YOUR USE OF THIS WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
The Children’s Group Inc. grants you a limited license to access and make personal use of this website. This license does not include the right to download or modify the content of this website site or any portion of it (other than limited page caching that may reasonably be required in the course of normal use) except with the prior express written consent of The Children’s Group Inc.. This license expressly prohibits you from: engaging in any resale or commercial use of the contents of this website in whole or in part; any collection and/or use of any product listings, descriptions, or prices on this website; any derivative use of this website or its contents; any downloading, copying or use of account information for the benefit of any unauthorized party; or any use of data mining, robots, or similar data-gathering and extraction tools. You may not reproduce duplicate, copy, sell, resell, visit, or otherwise exploit this website or any part of it for any commercial purpose without the prior express written consent of The Children’s Group Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Children’s Group Inc. and its affiliates without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing the name, trademarks or trade dress of The Children’s Group Inc. or any of its affiliates without the prior express written consent of The Children’s Group Inc.. Any unauthorized use as aforesaid shall immediately and without notice terminate the permission or license granted by The Children’s Group Inc. to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Children’s Group Inc., as long as the link does not portray The Children’s Group Inc., its affiliates, related companies, suppliers of promotional partners or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
Your Account Obligations
If you use this website, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur in the course of using your account or password whether such use is by yourself or any other person. The Children’s Group Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Your Communications and Content Obligations
When you visit this website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may post reviews, comments, and other content, send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties or otherwise objectionable, and provided further that it does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity. The Children’s Group Inc. does not regularly review posted content but reserves the right in its sole and absolute discretion (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant The Children’s Group Inc. and its affiliates a nonexclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media with the unlimited right to grant further sublicenses or any or all such rights. You grant The Children’s Group Inc. and its affiliates and sublicencees the right to use the name that you submit in connection with such content,. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; and that use of the content you supply does not violate this agreement and will not cause injury to any person or entity.
Risk of Loss
All items purchased from The Children’s Group Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
Third Party Suppliers
Parties other than The Children’s Group Inc. and its affiliates (“third party suppliers”) may provide products or services on this website. The Children’s Group Inc. may also provide links to the sites of third party suppliers. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any third party supplier or the content of their Web sites. The Children’s Group Inc. does not assume any responsibility or liability for the actions, products or services of any such third party supplier. Your legal rights in respect of any third party supplier are governed by applicable laws and by any contracts, agreements or understandings which you enter into with the third party supplier.
All content included on this website–such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software–is the property of The Children’s Group Inc. and is protected by Canadian and international copyright laws. The compilation of all content on this website is the exclusive property of The Children’s Group Inc. and is protected by Canadian and international copyright laws. All software used on this website is the property of The Children’s Group Inc. or its affiliates or its software suppliers, and protected by Canadian and international copyright laws.
“The Children’s Group Inc.” and other marks indicated on our site are trademarks, registered trademarks or licensed trademarks of The Children’s Group Inc., or its affiliates, in Canada and other countries. The Children’s Group Inc. graphics, logos, page headers, button icons, scripts, and service names (“trade dress”) are trademarks or trade dress of The Children’s Group Inc. or its affiliates. The Children’s Group Inc. trademarks and trade dress may not be used in connection with any product or service that is not offered by The Children’s Group Inc. or any of its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits The Children’s Group Inc. or its affiliates. All other trademarks not owned by The Children’s Group Inc., its affiliates or related companies, that appear on this website are the property of their respective owners.
The Children’s Group Inc. respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes an infringement of your intellectual property rights, you must provide us with notice in writing containing full details of the alleged infringement. Your written notice must be sent to The Children’s Group Inc. at the address set out below and must be delivered to us as soon as reasonably practicable.
Disclaimer of Warranties and Limitation of Liabilities
THE INFORMATION CONTAINED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER’S NEED. DOCUMENTS PROVIDED ON THIS WEBSITE ARE PROVIDED AS A SERVICE ONLY, AND DO NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. THIS WEBSITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED STRICTLY ON AN “AS IS” BASIS. THE CHILDREN’S GROUP INC., AND ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THIS WEBSITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE. NEITHER THE CHILDREN’S GROUP INC. NOR ANY OF ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THIS WEBSITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY SERVICES PROVIDED THROUGH THIS WEBSITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THIS WEBSITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THIS WEBSITE. NEITHER THE CHILDREN’S GROUP INC. NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE OR ACCESS TO AND USE OF THIS WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
INFORMATION PROVIDED ON THIS WEBSITE MAY CONTAIN REFERENCES OR CROSS REFERENCES TO PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN YOUR LOCAL AREA. THE CHILDREN’S GROUP INC. AND ITS AFFILIATES AND RELATED COMPANIES, MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND SUCH REFERENCES DO NOT IMPLY THAT THE CHILDREN’S GROUP INC., ITS AFFILIATES AND RELATED COMPANIES, INTEND TO PROVIDE SUCH PRODUCTS OR SERVICES IN YOUR LOCAL AREA. WEB SITES ACCESSED VIA LINKS OR OTHER MEANS FROM THIS WEBSITE HAVE, UNLESS OTHERWISE INDICATED, BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES. THE INCLUSION OF ANY INFORMATION, MATERIAL, CONTENT OR LINKS ON THIS WEBSITE SHOULD NOT BE CONSTRUED AS AN EXPRESS OR AN IMPLIED ENDORSEMENT OF ANY THIRD PARTY PRODUCTS OR SERVICES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL THE CHILDREN’S GROUP INC. OR ANY OF ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THIS WEBSITE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE CHILDREN’S GROUP INC. NOR ANY OF ITS AFFILIATES AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless The Children’s Group Inc., its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of this website, the content contained on this website and the placement or transmission of any information or other materials on this website made by you or others using your account. You agree to promptly notify The Children’s Group Inc. immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. The Children’s Group Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
General Terms and Conditions
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as The Children’s Group Inc. may determine in any and all actions, disputes, or controversies relating hereto. These Terms and Conditions and any rules, policies, guidelines or other agreements posted on this website constitute the entire agreement between The Children’s Group Inc. and you with respect to your use of this website. Notwithstanding the foregoing, any products or services which you purchase through this website shall be subject to all terms and conditions relating to such purchase provided to you from time to time including, without limitation, all terms and conditions posted on this website and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased. No waiver by either The Children’s Group Inc. or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English.
The Children’s Group Inc.
23 Griffin Street
Waterdown, ON CANADA L0R 2H0