Terms & Conditions

OVERVIEW

This website is operated by Pint-Sized Prodigy Inc. (“Pint-Sized Prodigy”) Throughout the site, the terms “we”, “us” and “our” refer to Pint-Sized Prodigy. Pint-Sized Prodigy 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, disclaimers and notices stated in the pages of our website and below.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by and comply with the following terms & conditions (“Terms of Service”, “Terms”) and Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement or Privacy Policy, then you may not access the website or use any services including placing an order. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store 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. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent and warrant that you are, or are at least 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, and are legally capable of entering into a binding contract.

You may not use our products/website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright, intellectual property or privacy laws).

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website's network or security features or to gain unauthorized access to our systems. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - 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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – REGISTRATION OBLIGATIONS

To use certain areas of this Website, you must first complete the registration process to create an account ("Account") and select and register a unique user name and password (collectively, "Credentials"). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify us if you know or suspect that your Account or Credentials have been used by any other person.

During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.

We may act upon any communication that is given through your Account or by using your Credentials. We are not required to verify the actual identity or authority of a person using your Account or Credentials, but we may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if we are not satisfied with the verification. If we, in our discretion, consider your Account or Credentials to be unsecure or to have been used inappropriately, then we may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.

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

You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

SECTION 4 - TRADEMARKS AND COPYRIGHT

Pint-Sized Prodigy, Pint-Sized Prodigy Inc., this Website domain and other trade names or trade-marks of Pint-Sized Prodigy used on this Website, and related words and logos are trade-marks or trade-names of Pint-Sized Prodigy in Canada and other jurisdictions. We are also the owner in Canada as well as other foreign jurisdictions of additional trade-marks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of Pint-Sized Prodigy. The names of other companies, products and services referred to on this Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Pint-Sized Prodigy or of third parties is strictly prohibited.

The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Pint-Sized Prodigy materials remains with Pint-Sized Prodigy and any unauthorized use of such materials is strictly prohibited. We  reserve the right to take such steps as we deem necessary, including legal action, to enforce our rights under trademark and copyright law. Except as explicitly required under applicable copyright laws and treaties or permitted by the features of the Website, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party access to the content of the website, without our express permission and the owner of such content.

We do not grant you any licenses, express or implied, to the intellectual property of Pint-Sized Prodigy or our licensors except as expressly authorized by these Terms and Conditions of Use.

We reserve the right but are not obligated to remove any content if we have reasonable grounds to suspect that such content violates these terms and conditions and/or infringes the intellectual property of any other party.


SECTION 5 - HISTORICAL INFORMATION

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


SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.  We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website.

You agree that we will not be liable to you or any third party for any modification, price change, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

SECTION 7 - PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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, household, 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 any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

All purchases through our website are subject to product availability and can differ from pack to pack. All product choice and Pack content are at the discretion of Pint-Sized Prodigy.

We cannot guarantee that you will never receive the identical product as you have already received in a past pack, or have purchased at another location. Duplicated products are not cause for exchange or refund.

You will be notified by email when your Prodigy Pack ships and you will be given a tracking number, should one be available.

In no case shall Pint-Sized Prodigy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any kind of damage, whether direct or indirect, resulting from use of the information, products & activities provided.

SECTION 8 - 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.

SECTION 9 - THIRD-PARTY LINKS

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 with us. 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 any third-party materials or websites, or for any other 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Portions of this Website allow users to post and exchange information, ideas and opinions ("User Content"), but we do not screen, edit or review any User Content before they are posted or transmitted. Please note that posted or transmitted User Content do not necessarily reflect the views of Pint-Sized Prodigy, and we disclaim all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website. We reserve the right to remove any User Content in our sole discretion.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Users who choose to post information on the website represent and warrant as follows:

(a) posting, sharing, downloading or other use of the User Content does not and will not infringe any rights of any third party, including any privacy rights, personality or other personal rights, intellectual property rights, including but not limited to their trademarks or names, copyright, patent, or trade secrets;

(b) you have all right, title and interest in and to the Intellectual Property contained in the User Content;

(c) you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;

(d) the User Content does not contain sexual invitation, mature and/or erotic content, hate speech, offensive language and/or obscene content, deliberately misleading information, threatening and/or fraudulent content,  or any viruses, worms, malware, Trojan horses or other harmful or destructive content; and

(e) the User Content is not spam, is not machine or randomly generated, and does not contain content designed to drive traffic to third party sites, or perform other unlawful acts, such as phishing or spoofing.

We value your visit to this website and welcome any questions, comments or feedback you might have about this website, these Terms or any of the products or services offered by Pint-Sized Prodigy ("Feedback"). Please refer to the Contact section of this website for phone and fax numbers and email addresses.

While each registered user of Pint-Sized Prodigy owns the copyright in and to all user-generated content original to it, including without limitation on any products delivered or otherwise made available to you through the website, if you provide User Content or Feedback, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant us the right to use the name you submit with the User Content or Feedback, if any, in connection with our rights hereunder.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 12 - 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.

SECTION 13 - 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 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 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You understand and agree that:

    1. Use of this Website and the Services is at your sole risk. This website and the Services are provided on an "as is", "as available" basis. Neither Pint-Sized Prodigy, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, "Pint-Sized Parties") make any warranty or condition of any kind, whether express or implied, regarding this website or the Services and Pint-Sized Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
    2. Pint-Sized Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Pint-Sized Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services. You are solely responsible for obtaining and maintaining reliable Internet connectivity. We are not responsible for your inability to download or otherwise access content.
    3. The access to and downloading of material from this website is done at your own risk. We make reasonable efforts to ensure that this Website is virus-free, but we do not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this website or the Services.
    4. Information on the Website should not necessarily be relied upon and should not be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. We have taken steps to ensure that age appropriate development toys are provided for each age category based on such designations of our suppliers. In no event do we designate the recommended ages of the activities or products that are sold through our website. All activities and toys provided within the Prodigy Pack are to be used at your own risk and require close supervision by an adult ages 18 years or older. A safe play area is also recommended.
    5. We provides a platform for the purchase of goods from various suppliers and exchange of ideas between users and accordingly, we have no control over the performance of any of the products or services obtained through the website. Any opinions, advice, statements, services, offers, products or other information or content expressed or made available by our suppliers or users on the website, are those of the respective suppliers or users and not of Pint-Sized Prodigy.  We do not guarantee the accuracy, completeness or usefulness of all or any portion of any services, products or information made by suppliers or users, nor will we be liable for any loss or damage caused by your reliance on such information, your use of Services, or your purchase and/or use of any products and activities through the website. We do not offer any guarantee or warranty regarding performance and safety of development toys & activities nor any affiliate products, nor do our affiliates offer any such guarantees.

In no case shall Pint-Sized Prodigy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, 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 your use of any of the service or any products procured using the service, 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 the use of any product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

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 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pint-Sized Prodigy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, 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.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, 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 these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice 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).

SECTION 18 - ENTIRE AGREEMENT

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. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us 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). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered will be resolved in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

SECTION 20 – RELATIONSHIP

The relationship between Pint-Sized Prodigy 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 or this website.

SECTION 21 – LEGAL FEES

In the event that we must take any action against you to enforce your obligations under these Terms and Conditions of use and/or any ancillary policies, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by us, including, without limitation, reasonable attorneys’ fees, in connection with such action.

SECTION 22 – COMPLIANCE WITH LOCAL LAWS

The Website is controlled, operated and administered by Pint-Sized Prodigy from its offices and servers located within Canada. If you access the website from a location outside of Canada, you are responsible for compliance with all applicable local laws and regulations.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service 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 Service by posting updates and changes to our website. We will post a notice of such changes to our website and your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – WAIVER

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

SECTION 25 - CONTACT INFORMATION

Please send all questions, comments and feedback to us at contact@pintsizedprodigy.ca



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