Terms of Service

1.1 Binding Agreement

Welcome to cutekiddo.ca (the "Site"), operated by Cutekiddo Inc. ("Cutekiddo," "we," "us," or "our"), a corporation incorporated under the Canada Business Corporations Act, with its registered office and principal place of business in the Province of Ontario at 298 Churchill Ave N, Ottawa, ON K1Z 5B6.

By accessing or using the Site, creating an account, placing a reservation, or making a purchase, you ("you," "your," or "user") agree to be bound by:

• These Terms of Service ("Terms");
• Our Privacy Policy, available at https://www.cutekiddo.ca/privacy;
• The Wix.com Terms of Use and Wix Payments Terms of Service, which govern the underlying platform and payment processing services;
• All other policies referenced herein.

These Terms are in addition to, and do not replace, the Wix Terms. In the event of any conflict between these Terms and the Wix Terms, the Wix Terms shall govern with respect to Wix's services, and these Terms shall govern with respect to Cutekiddo's products, policies, and customer relationships.

1.2 Eligibility

You must be at least 18 years of age or the age of majority in your province or territory of residence to use this Site or make a purchase. By using the Site, you represent and warrant that you meet this eligibility requirement. If you are using the Site on behalf of a minor child, you represent that you are the child's parent or legal guardian and accept full responsibility for the minor's use of any products purchased.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated "Last updated" date and, where appropriate, notified to you via email at least 14 days before the changes take effect. Your continued use of the Site after such changes constitutes acceptance of the revised Terms. If you do not agree to any changes, you must discontinue use of the Site immediately.

1.4 Electronic Agreement

By using the Site, you acknowledge that these Terms constitute a binding electronic agreement under Ontario's Electronic Commerce Act, 2000, and that you consent to receive all communications from us electronically.

3.1 Wix Platform

This Site is built and hosted on the Wix platform. By using this Site, you acknowledge and agree that:

• Wix provides the underlying website infrastructure, hosting, and certain technical services;
• Your use of the Site is also subject to the Wix Terms, which are incorporated by reference;
• Wix is not a party to any transaction between you and Cutekiddo, and Wix has no responsibility for Cutekiddo's products, policies, or conduct;
• Wix may suspend, restrict, or terminate access to the Site in accordance with the Wix Terms, and Cutekiddo shall not be liable for any such action by Wix.

3.2 Wix Payments

Payment processing is handled through Wix Payments or other payment processors integrated with the Wix platform. By making a purchase, you agree to the Wix Payments Terms of Service. Cutekiddo does not store complete credit card numbers. All payment processing is handled by PCI-DSS compliant providers.

3.3 Third-Party Service Providers

Cutekiddo uses third-party service providers (including but not limited to Wix, payment processors, shipping carriers, and email platforms) to operate the Site and fulfill orders. These providers are independent contractors, not agents of Cutekiddo. Cutekiddo is not responsible for the acts, omissions, errors, or failures of any third-party service provider, including but not limited to payment processing errors, website downtime, data breaches attributable to the platform provider, or shipping carrier delays.

4.1 Account Creation

To access certain features of the Site, including reservations and purchases, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration and maintain its accuracy;
• Maintain the confidentiality of your account credentials and password;
• Accept full responsibility for all activities that occur under your account;
• Notify us immediately of any unauthorized use of your account or any other breach of security; and
• Ensure that you log out from your account at the end of each session.

4.2 Account Security Disclaimer

Cutekiddo will not be liable for any loss or damage arising from your failure to comply with these security obligations. While Wix implements security measures for the platform (including HTTPS encryption and PCI-DSS compliance), Cutekiddo cannot guarantee the absolute security of data transmitted through or stored on the Wix platform. You acknowledge that no method of electronic transmission or storage is 100% secure.

4.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site if we suspect fraudulent, abusive, or unlawful activity. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to Sections 10 (Intellectual Property), 13 (Disclaimers and Limitation of Liability), 14 (Indemnification), and 15 (Dispute Resolution).

5.1 Reservation Definition and Purpose

A "Reservation" is a no-cost registration of interest for early access to a product set. Reservations do not constitute a purchase, binding contract, or guarantee of product availability. Reservations are offered at Cutekiddo's sole discretion and may be withdrawn or modified at any time without notice or liability.

5.2 Reservation Process

To make a Reservation, you must:

• Provide accurate contact information (name, email address, and phone number);
• Confirm your interest in the specific product set;
• Acknowledge that you understand the terms of the Reservation as set out in this Section 5.

5.3 Reservation Confirmation and Communication

Upon successful Reservation, you will receive a confirmation email at the address provided. This email will include details about the product set, estimated availability, and next steps. You agree to receive communications from Cutekiddo regarding your Reservation, including updates on product availability, pricing, and launch dates. You may opt out of these communications at any time by following the unsubscribe link in the email or contacting us directly.

5.4 No Guarantee of Availability or Pricing

Reservations do not guarantee that the product will be available for purchase, that pricing will remain as discussed, or that the product will be launched at all. Cutekiddo reserves the right to:

• Modify or cancel product launches;
• Adjust pricing at any time;
• Limit quantities available for purchase;
• Prioritize Reservations on a first-come, first-served basis or according to other criteria determined by Cutekiddo in its sole discretion.

If a product is not launched or becomes unavailable, Cutekiddo will notify you via email, and your Reservation will be cancelled with no further obligation to either party.

5.5 Reservation Expiration

Reservations are valid for a period determined by Cutekiddo and communicated at the time of Reservation. If a product is not launched within this period, the Reservation will automatically expire. Cutekiddo will notify you of the expiration and offer the option to renew your Reservation if desired.

5.6 Conversion to Purchase

If a reserved product becomes available for purchase, you will receive notification and instructions on how to complete your purchase. Making a purchase is a separate transaction governed by Section 6 (Products and Pricing) and Section 7 (Orders and Purchases) of these Terms. A Reservation does not automatically convert to a purchase; you must affirmatively complete a purchase transaction to buy the product.

5.7 No Liability for Reservation Changes

Cutekiddo shall not be liable for any loss, damage, or disappointment arising from changes to, cancellation of, or failure to launch a reserved product, or from any delay in notifying you of such changes. Your sole remedy is cancellation of your Reservation with no further obligation.

6.1 Product Information

We strive to provide accurate descriptions, images, and specifications for all Products on the Site. However, we do not warrant that all product descriptions, pricing, or other content is accurate, complete, or error-free. We reserve the right to correct any errors or omissions and to refuse or cancel any Order that contains inaccurate or incomplete information.

6.2 Pricing and Availability

All prices are displayed in Canadian dollars (CAD) and are subject to change without notice. Prices are current as of the date displayed on the Site. We reserve the right to:

• Modify prices at any time;
• Offer promotional pricing or discounts at our sole discretion;
• Limit quantities available for purchase;
• Discontinue any Product without notice.

Product availability is not guaranteed. If a Product becomes unavailable after you place an Order, we will notify you and offer a full refund or alternative product at our discretion.

6.3 Pre-orders

Some Products may be available for pre-order before they are in stock. When you pre-order a Product, you are agreeing to purchase that Product at the stated price, subject to availability. Pre-orders are non-refundable unless the Product is not delivered within a reasonable timeframe or becomes unavailable. We will provide an estimated delivery date for pre-ordered Products, but we do not guarantee delivery by that date. Delays may occur due to manufacturing, shipping, or other unforeseen circumstances.

6.4 Taxes and Additional Fees

All prices displayed on the Site are before applicable taxes. Applicable Harmonized Sales Tax (HST), Goods and Services Tax (GST), Provincial Sales Tax (PST), or other applicable taxes will be calculated and added to your Order at checkout. You are responsible for paying all applicable taxes. Cutekiddo is not responsible for any additional duties, taxes, or fees imposed by customs authorities for international shipments (if applicable).

7.1 Order Placement

To place an Order, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction;
• Provide accurate and complete information, including name, address, email, and phone number;
• Select the Products you wish to purchase and the quantity;
• Review and accept these Terms and our Privacy Policy;
• Proceed to payment and complete the transaction.

By placing an Order, you represent and warrant that all information provided is accurate and that you have the legal authority to make the purchase.

7.2 Order Confirmation

Upon successful payment, you will receive an Order confirmation email at the address provided. This email will include your Order number, a summary of the Products purchased, the total price, and estimated delivery timeframe. Please retain this confirmation for your records. If you do not receive a confirmation email within 24 hours, please contact us immediately.

7.3 Order Acceptance and Rejection

We reserve the right to accept or reject any Order at our sole discretion, without providing a reason. We may reject an Order if:

• We suspect fraudulent or unauthorized activity;
• The information provided is incomplete or inaccurate;
• The Product is out of stock or unavailable;
• We are unable to process payment;
• We believe the Order violates these Terms or applicable law.

If we reject an Order, we will notify you via email and issue a full refund to your original payment method within 5-10 Business Days.

7.4 Payment Processing

Payment is processed through Wix Payments or other payment processors integrated with the Wix platform. By providing payment information, you authorize us to charge your payment method for the full Order amount, including applicable taxes and shipping fees. Payment processing is subject to the Wix Payments Terms of Service. Cutekiddo does not store complete credit card information; all payment data is handled by PCI-DSS compliant providers.

7.5 Payment Disputes and Chargebacks

If you dispute a charge or initiate a chargeback with your financial institution, you agree to first contact us to attempt to resolve the issue. Repeated chargebacks or payment disputes may result in suspension or termination of your account. If a chargeback is reversed in our favour, you remain responsible for the full Order amount plus any associated fees.

9.1 Product Safety and Age Appropriateness

All Products sold on the Site are intended for children and comply with applicable Canadian safety standards, including:

• The Consumer Product Safety Act (CPSA);
• The Hazardous Products Act (HPA);
• Applicable Canadian Standards (CSA) and industry standards for children's products.

However, you acknowledge that no product is completely risk-free. You are responsible for determining whether a Product is appropriate for the intended child's age, developmental stage, and individual needs. Always supervise children during play and follow all care and safety instructions provided with the Product.

9.2 Product Care and Maintenance

Each Product comes with care instructions. You are responsible for:

• Following all care, cleaning, and maintenance instructions provided;
• Storing Products in appropriate conditions;
• Inspecting Products regularly for signs of wear or damage;
• Discontinuing use if a Product becomes damaged or unsafe.

Failure to follow care instructions may void any warranty or return eligibility.

9.3 Allergies and Sensitivities

Product descriptions include information about materials and composition. If you or the child using the Product has known allergies or sensitivities to any materials (including but not limited to latex, dyes, or specific fabrics), please review the product information carefully before purchasing. Cutekiddo is not responsible for allergic reactions or sensitivities to product materials. If you have concerns, contact us before purchasing.

9.4 Choking Hazard and Small Parts Warning

Some Products may contain small parts or components that could pose a choking hazard to young children. All applicable warnings are clearly labeled on the Product packaging and in the product description. It is your responsibility to read and heed all warnings and to ensure that Products are used only by children of the appropriate age and under proper supervision.

9.5 Disclaimer of Fitness for Particular Purpose

While we strive to provide high-quality Products, we make no warranty that any Product will meet your specific expectations or requirements. Products are sold "as is" unless otherwise stated. Cutekiddo does not warrant that Products will be suitable for any particular purpose, use, or child.

11.1 Limited Warranty

Cutekiddo warrants that all Products are free from defects in materials and workmanship under normal use for a period of 90 days from the date of delivery. If a Product is found to be defective during this period, Cutekiddo will, at its sole discretion, repair, replace, or refund the Product. This warranty does not cover damage caused by misuse, abuse, improper care, or normal wear and tear.

11.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11.1, CUTEKIDDO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

11.3 Warranty Exclusions

The warranty does not cover:

• Damage caused by misuse, abuse, or improper care;
• Normal wear and tear;
• Damage caused by accidents or unauthorized repairs;
• Damage caused by exposure to extreme temperatures, moisture, or environmental conditions;
• Cosmetic damage that does not affect functionality.

12.1 Site Content Ownership

All content on the Site, including but not limited to text, images, graphics, logos, designs, product descriptions, and layout, is the property of Cutekiddo or its content providers and is protected by Canadian and international copyright laws. You may not reproduce, distribute, transmit, display, or perform any content from the Site without our prior written permission.

12.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and view the Site for personal, non-commercial purposes only. This license does not include the right to download, copy, modify, or create derivative works from any content on the Site.

12.3 Trademarks

"Cutekiddo" and all associated logos, product names, and slogans are trademarks of Cutekiddo Inc. and may not be used without our express written permission. All other trademarks, logos, and brand names displayed on the Site are the property of their respective owners.

12.4 User-Generated Content

If you submit any content to the Site (including reviews, comments, or photos), you grant Cutekiddo a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display such content on the Site and in our marketing materials. You represent and warrant that you own or have the right to grant this license and that the content does not infringe on any third-party rights.

15.1 Governing Law

These Terms and all matters arising out of or relating to your use of the Site and purchase of Products are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

15.2 Jurisdiction and Venue

You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, and agree that any legal action or proceeding arising out of these Terms shall be brought exclusively in such courts. You waive any objection to venue and any claim that such courts are an inconvenient forum.

15.3 Informal Dispute Resolution

Before initiating any legal action, you agree to attempt to resolve any dispute informally by contacting us at info@cutekiddo.ca. We will attempt to resolve the dispute within 30 days of receiving your notice. If the dispute cannot be resolved informally, you may pursue legal remedies as set out in Section 15.2.

15.4 Class Action Waiver

YOU AGREE THAT ANY LEGAL ACTION OR PROCEEDING MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE ACTION AGAINST CUTEKIDDO.

15.5 Limitation Period

Any claim or cause of action arising out of or relating to these Terms or your use of the Site must be brought within one (1) year after the cause of action arises, or it will be forever barred.