Terms of Service
The Terms and Conditions of Service were last updated on August 19, 2012
MommiesFirst Inc. (“MommiesFirst,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.mommiesfirst.com (the “Site”) (collectively, such services, including any new features and applications, and our Site, the “Services”), subject to the following Terms and Conditions of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we change or modify these Terms of Service, we will post the changes to these Terms of Service on this page and will indicate the date these terms were last revised. Your continued use of our Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by any future Terms of Service, you will not use or access (or continue to use or access) our Site and our Services. You understand and agree that it is solely your own responsibility to regularly check our Site to determine if there have been changes to these Terms of Service and to review such changes.
In addition, when using certain features of our Services, you may be subject to such additional terms applicable to such Service features as may be posted on our Site from time to time.
OUR SERVICES, OUR SITE, AND ALL INFORMATION, PRODUCTS (INCLUDING, WITHOUT LIMITATION, PRODUCTS PROVIDED IN RELATION TO THE SERVICES), MATERIALS, AND ANY OTHER CONTENT CONTAINED IN, OR THAT CAN OTHERWISE BE OBTAINED ON, FROM, OR THROUGH, OUR SERVICES OR OUR SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOMMIESFIRST EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, OR NON-INFRINGEMENT. MOMMIESFIRST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (A) ANY ERRORS, OMISSIONS, OR INACCURACIES IN PROVIDING OR MAKING AVAILABLE OUR SERVICES OROUR SITE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT OR OTHER INFORMATION MADE AVAILABLE ON, FROM, OR THROUGH OUR SERVICES OR OUR SITE; AND (B) ANY LOSS OR DAMAGE THAT MAY BE SUFFERED OR INCURRED BY YOU IN CONNECTION WITH OR ARISING OUT OF YOUR ACCESS TO OR BROWSING OR USE OF OUR SERIVCES OR OUR SITE OR THE CONTENTS OR INFORMATION OBTAINED BY YOU ON, FROM, OR THROUGH OUR SERVICES OR OUR SITE.
FOR GREATER CERTAINTY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOMMIESFIRST MAKES NO WARRANTY THAT (I) THE SERVICES, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITYYOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, OR BROWSING OR USE OF, OUR SITE, OUR SERVICES OR ANY PRODUCT, MATERIAL, CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH OUR SITE OR OUR SERVICES (INCLUDING, WITHOUT LIMITAITON, ANY BOXES OR MERCHANDISE) IS AT YOUR SOLE RISK.
YOU ALSO ACKNOWLEDGE AND AGREE THAT MOMMIESFIRST AND OUR SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND OTHER REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY MANNER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGES, OR ANY OTHER LIABILITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO: (I) THE USE OR THE INABILITY TO USE OUR SERVICES, OUR SITE OR ANY PRODUCTS, BOXES OR OTHER MERCHANDISE OBTAINED THROUGH OUR SERVICES OR OUR SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, BOXES, OFFERS, DATA, INFORMATION, MERCHANDISE OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES OR OUR SITE, (III) ANY DAMAGE TO PERSONAL PROPERTY, INJURY OR DEATH CAUSED BY YOUR USE OF ANY PRODUCTS, BOXES OR OTHER MERCHANDISE OBTAINED THROUGH OUR SERVICES OR OUR SITE, AND (IV) YOUR ACCESS TO, OR BROWSING OR USE OF, OUR SITE, OUR SERVICES OR ANY CONTENT OR INFORMATION OBTAINED BY YOU ON, FROM, OR THROUGH SUCH SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, OR ECONOMIC LOSS, ANTICIPATED OR OTHERWISE, AND, IN EACH CASE, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION OR CLAIM, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. FOR GREATER CERTAINTY, THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. IN NO EVENT WILL MOMMIESFIRST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION IN RELATION TO THIS AGREEMENT EXCEED THE AMOUNT YOU HAVE PAID MOMMIESFIRST IN THE LAST SIX MONTHS, OR, IF GREATER, $100.
You agree to indemnify and hold MommiesFirst, its subsidiaries, affiliates, officers, directors, shareholders, agents, suppliers, other partners and employees, harmless from any loss, expense, liability, claim, or demand, including reasonable legal fees arising out of, resulting from or in connection with: (a) your use or misuse of our Site or our Services; or (b) any materials or information used by you or provided by you to us in relation to our Site or our Services.
ACCESS AND USE OF THE SERVICES
Membership Credentials; Account Security:
You are responsible for maintaining the confidentiality of your Membership Credentials, if any, and are fully responsible for any and all activities that occur through or in connection with your Account. You agree to (1) immediately notify MommiesFirst of any unauthorized use of your Membership Credentials or any other breach of security, and (2) ensure that you completely log out of your Account at the end of each session when accessing our Site or our Services. As explained more fully in the Limitation of Liability section above, you agree that MommiesFirst will not be liable or responsible for any loss or damage arising from your failure to comply with this section.
In consideration for a one-time purchase or pre-payment of a subscription or a shower box (a “Gift Purchase”) or a periodic subscription including an initial payment and a recurring periodic payment thereafter (a “Subscription”), as the case may be and as described more fully on our Services order page that you will use to place the appropriate order with us, from time to time MommiesFirst may send you boxes or packages of goods, samples, offers, coupons, articles, review products and other materials and information (each, a “Box”) that may be customized in accordance with the information you provide to us with respect to your pregnancy or your baby, as applicable.
Boxes and Newsletters:
The contents of each Box may vary, and we make no guarantees regarding the content of any of the Boxes. Furthermore, we make no guarantees that you will receive a particular product in a Box or that certain products will be available in your Box. Many of our suppliers’ products come in limited quantities and may not be available in the future. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THE INGREDIENTS OF EACH PRODUCT TO AVOID ALLERGIC REACTIONS OR OTHER SIDE EFFECTS WITH RESPECT TO YOU OR YOUR BABY. The products within the Boxes are not manufactured by MommiesFirst, but rather by MommiesFirst’s suppliers. If you have any questions or complaints about a product, please contact us at the address below. For information on returns and refunds, please see the Frequently Asked Questions section located at www. mommiesfirst.com/faq/.
Sweepstakes and Contests:
From time to time MommiesFirst may make available certain sweepstakes and contests on our Site. Your participation in any such sweepstakes and/or contest is subject to and governed by the applicable Official Rules as set forth on, or linked to, any specific landing page for each such sweepstakes or contest on our Site and applicable law. All such sweepstakes and contest terms are hereby incorporated by reference into these Terms of Service.
Purchases and Payment:
If you choose to place an order with us for a Purchase of or a Subscription for any feature or features of our Services we may choose to offer to you (a “Transaction”) (for example, to purchase individual Boxes or Box subscriptions), we may require you to provide to MommiesFirst information regarding your credit card or other payment instruments that MommiesFirst may, in its sole discretion, choose to accept (“Method of Payment”). You represent and warrant to MommiesFirst that any information related to the Method of Payment is true and that you are authorized to use the Method of Payment for the Transaction. If your Transaction includes a Subscription, you will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur with respect to the Method of Payment listed on your Account. You agree to pay MommiesFirst the full amount that is specified in our Services order page at the time you complete the Transaction.
A Gift Purchase is available in 3,6 and 12 month packages and members are charged immediately/prepay in advance. A Gift Purchase ships on the 15th of each month, with the exception of shower box purchase, which ships immediately (unless otherwise specified). A Subscription is charged on the 10th of each month and the box ships on the 15th of each month.
You understand and accept that each Subscription operates on an auto-renewal basis and your credit card or other payment instrument will be assessed a monthly fee. All payments made are non-refundable (except as required by law). If you dispute any charges you must let MommiesFirst know within 30 days after the date that MommiesFirst charges you. If you have paid for a Box but did not receive it, please contact us at email@example.com. We reserve the right to change MommiesFirst Subscription prices. If MommiesFirst does, we will provide notice of the change on our Site or in email to you, at MommiesFirst’s option, at least 30 days before the change is to take effect. Your continued use of a Subscription after the price change becomes effective constitutes your agreement to pay the changed amount.
If your Transaction includes a Subscription, you hereby agree and acknowledge that your Subscription may have an initial and recurring payment feature and you agree to pay both the initial charge, if any, and all recurring charges until you provide us with a Cancellation Notice that you wish to cancel your Subscription, and (2) we confirm the cancellation of your Subscription, as described more fully below. You agree that all Purchases and Subscription charges are non-refundable. You further agree that, once you complete a Transaction that includes a Subscription, we may submit any related periodic charges without any further authorization from you, until you provide to us a notice that you have terminated this authorization or wish to change your payment method, but only if such notice is received by us before the expiration of your current subscription period (“Cancellation Notice”). You further agree that such Cancellation Notice will not affect charges submitted before we reasonably could act. You may terminate your authorization or change your payment method through your Account webpage on our Site or through such other means as we may choose to make available to you from time to time. You agree that, if you choose to dispute any Transaction-related charges, you will let MommiesFirst know within 30 days after the date that MommiesFirst charges you. We reserve the right to change any of the prices we charge for Transactions with or without notice to you. However, if MommiesFirst changes the price of any Subscription feature or features for which you have a recurring subscription, MommiesFirst will provide notice of the change on our Site or in an email to you sent to the email address listed on your Account (the method of notification to be in MommiesFirst’s sole discretion) at least 30 days before the change is to take effect. You agree that if you do not accept the changed amount, (1) you will provide a Cancellation Notice, and (2) you will stop using our Services immediately after the expiry of the remaining subscription period for which you have paid, if any. Unless you provide such Cancellation Notice, you agree that your continued use of our Services after the price change becomes effective constitutes your agreement to pay the changed amount.
Changes to Services:
MommiesFirst reserves the right to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without any notice. As explained more fully in the Limitation of Liability section above, you agree that MommiesFirst will not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.
Right to Limit Data Storage and Terminate Accounts:
You acknowledge that MommiesFirst may establish general practices and limits concerning use of our Services, including without limitation the maximum period of time that data or other content will be retained by our Services and the maximum storage space that will be allotted on MommiesFirst’s servers on your behalf. You agree that MommiesFirst has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by our Services. You agree that MommiesFirst shall at all times have the right to terminate your Account or your use of our Services for any reason in its sole discretion, with or without notice to you. You further acknowledge that MommiesFirst reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. User Conduct:
You are solely responsible for the content you post on or through our Services or our Site or e-mail or otherwise transmit through our Site or our Services (collectively, “User Content”). . You agree to not use our Site and our Services to:
- post, e-mail or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of MommiesFirst, is objectionable or which restricts or inhibits any other person from using or enjoying our Services or our Site, or which may expose MommiesFirst or its users to any harm or liability of any type;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from our Services or our Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfere with or disrupt our Services or our Site or servers or networks connected to our Services or our Site, or disobey any requirements, procedures, policies or regulations of networks connected to our Services;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through our Services or our Site.
MommiesFirst reserves the right to investigate and take appropriate legal action against anyone who, in MommiesFirst’s sole discretion, violates this provision, including without limitation, removing the offending content from our Services and our Site, suspending or terminating your Account and reporting you to the law enforcement authorities.
You agree that you will be solely responsible for paying all applicable taxes related to all Purchases you make through our Services or our Site
Canadian Subscribers: Unless specified otherwise, all prices associated with our Services are stated in Canadian dollars and exclude Harmonized Sales Tax (HST).
US Subscribers: You agree to pay all taxes, duties and other charges associated with our Services, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges.
Commercial Use of Site or Service Prohibited:
Unless otherwise expressly authorized in writing by us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of our Site or our Services, use of our Site or our Services, or access to our Site or our Services. Our Site and our Services are for your personal use and may not be used for direct commercial endeavours.
Site Content, Software and Trade-marks:
You acknowledge and agree that our Site may contain content (“Site Content”) that is protected by copyright, patent, trade-mark, trade secret or other proprietary rights and laws. Except as expressly authorized by MommiesFirst, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that we may allow you to legally upload to our Site. In connection with your use of our Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of our Site or the Site Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying our Site or distributed in connection therewith is the property of MommiesFirst, our licensors (if any), affiliates and partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MommiesFirst or the respective rights holders.
The MOMMIESFIRST name and logo are trade-marks and service marks of MommiesFirst (collectively the “MommiesFirst Trade-marks”). Other company, product, and service names and logos used and displayed via our Site may be trade-marks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MommiesFirst. Nothing in these Terms of Service or our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MommiesFirst Trade-marks displayed on our Site, without our prior written permission in each instance. All goodwill generated from the use of MommiesFirst Trade-marks will inure to our exclusive benefit.
User Content Posted on our Site:
You will not post any User Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant MommiesFirst and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of our Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any designs, questions, comments, suggestions, ideas, feedback (including without limitation those related to products and Boxes) or other information about our Site or our Services (“Submissions”), provided by you to MommiesFirst are non-confidential and MommiesFirst will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that MommiesFirst may preserve any User Content and may also disclose any User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MommiesFirst, its users and the public. You understand that the technical processing and transmission of our Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
THIRD PARTY WEBSITES
Our Site or our Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MommiesFirst has no control over such sites and resources and MommiesFirst is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MommiesFirst will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using our Services are between you and the third party, and you agree that MommiesFirst is not liable for any loss or claim that you may have against any such third party.
THIRD PARTY SERVICES
In addition, MommiesFirst is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, MommiesFirst is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. MommiesFirst enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
You agree that you are solely responsible for your interactions with any other user in connection with our Site and our Services and MommiesFirst will have no liability or responsibility with respect thereto. MommiesFirst reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of our Site and our Services.
These Terms of Service constitute the entire agreement between you and MommiesFirst relating to this subject matter, and govern your use of our Site or our Services, superseding any prior agreements between you and MommiesFirst with respect to our Site or our Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MommiesFirst agree to submit to the personal and exclusive jurisdiction of the courts of the Province of Ontario. The failure of MommiesFirst to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail, in each case at the address listed on your Account. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on our Services.
Please contact us at firstname.lastname@example.org with any questions regarding this Terms of Service or our Services. You may also contact us by mail at:
593 Carlaw Avenue
Toronto, ON M4K 3K4