TERMS AND CONDITIONS

Current version effective as of: September [ ● ], 2016

Jelli Fish Kids Inc. (the “Business” or “we”) provides, inter alia, through its website available at the following address: http://www.jellifishkids.com (the “Website”), an online store for sleepwear designed for kids and tweens (the “Service”). The present terms and conditions, as well as any other Website’s policies or rules, including, but not limited to, the Shipping Policy, the Return Policy https://www.jellifishkids.com/ca_en/shipping and the Privacy Policy https://www.jellifishkids.com/ca_en/privacy-policy (collectively the “Conditions”), constitute a binding legal agreement between you (“you” or the “user”) and the Business (collectively the “Parties”).

Please carefully read these Conditions before using the website.

  1. Acceptance of the Conditions

    By agreeing to the Conditions, or by using, navigating on, registering to or contributing to this Website, you accept to be bound, without reserve or restriction, by the terms and stipulations of the Conditions. Access to and use of the Website is subject to the full respect, without reserve of these Conditions.

    If you do not wish to be bound by this contract or if you do not fully accept the Conditions, you must abstain from using or accessing this Website.

    The Business may revise the present Conditions at its discretion by simple update of this page. It is your responsibility to consult these Conditions on a regular basis to be aware of all eventual changes that may occur

  2. Minimum Age

    Only people aged 13 and older and who are of age to form legally binding contracts under applicable law in their home jurisdiction (“Legal age”) are authorized to use the Website. You represent and warrant that you are at least 13 years old and of Legal age and that all registration information you submit is accurate and truthful.

  3. User Account and Password

    To use certain features of the Website, you may need, or will be given the opportunity, to create a user account (a “User account”). To register, you must provide the information requested on the online registration form. https://www.jellifishkids.com/ca_en/customer/account/login/ Once registered, you may have to provide additional information before being able to use the Service.

    Keep your password secure. You are responsible for the protection of the confidentiality of your User account and you are responsible for all of the activities performed with your User account. You shall immediately advise the Business of any unauthorized use of your User account or of any other form of security breach to avoid a potential fraudulent or unauthorized use of your User account.

    The Business is not responsible for any unauthorized use of your user account, and you agree to bear all responsibility for any acts committed through your user account.

  4. Use of the Service

    The Service may be used to buy sleepwear designed for kids and tweens. To that purpose:

    1. details relating to shipping are provided for in our Shipping Policy; https://www.jellifishkids.com/ca_en/shipping
    2. details relating to returns are provided for in our Return Policy https://www.jellifishkids.com/ca_en/shipping
    3. except as otherwise indicated, all prices are in Canadian dollars in the Canadian webstore https://www.jellifishkids.com/ca_en/ and in United States dollars on the American webstore https://www.jellifishkids.com/us_en/ to US webstore ]; and
    4. depending on your location, customs duties and brokerage fees may apply.
  5. Copyright

    The content posted or otherwise available on the Website, including, but without limitation, articles, texts, photographs, videos, images, illustrations, logos, software, data, graphics, and their composition, selection or arrangement (the “Content”) is the exclusive property of the Business or of a third party, and use under licence by the Business, and may be protected by intellectual property laws, such as the Copyright Act (R.S.C., 1985, c. C-42).

    Where applicable, the Business reserves all of its rights with regards to the Content which is its property. Consequently, it is prohibited to copy, reproduce, modify, reformulate, edit, and more generally, to use the elements that constitute the Website’s Content in whole or in part, unless you have obtained the prior written consent of the Business.

    Notwithstanding the preceding paragraph, you may download, print and reproduce the Content for your own informational purposes provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the source URL of such Content.

  6. Trademarks

    Certain names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute trademarks, registered or not, by the Business or third parties. Although the Business may use under license certain trademarks of third parties, the display of third parties trademarks on the Website shall not imply any relationship or license between the Business and said third parties owning a given trademark, nor the approval by the Business of the goods, services or activities of the owner of said trademark.

    Nothing contained on the Website should be construed as granting you any license or right to use any logo, design or trademark of the Business or of any third party, without the prior written permission of the Business or of the third party owner of the given logo, design or trademark.

  7. User Content

    You retain the rights to your copyrighted content or information that you submit through the Website (the “User Content”) and the Business represents that it will never claim to be the owner or the original author of your User Content. However:

    1. by submitting User Content, you grant the Business a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, transferable, sub-licensable (through multiple tiers) worldwide license to, but without limitation, reproduce, modify, reformat, translate, prepare derivative works, distribute copies, perform, or publicly display your User Content in any medium and for any purpose, including commercial purposes, and to authorize others to do so; and
    2. you agree and represent that you have the right to submit anything you post, and that your User Content does not violate the copyright, trademark, trade secret, patent, or any other personal or proprietary right of any other party.

    Should you request from the Business that your User Content be removed from the Website, said request will be carefully analyzed and considered by the Business but the latter reserves its discretion as to whether or not to comply with your request.

    You also acknowledge that your User Content may, at any time and without notice, be deleted from the Website. As such, you are responsible to independently save any User Content you wish to preserve.

  8. Your Obligations

    By using the Website, and without limiting what is otherwise stated under these Conditions, you agree (i) to respect all laws applicable to you under your home jurisdiction, (ii) to provide us with accurate and up-to-date information, and (iii) to use the Website in a reasonable and responsible manner.

    Moreover, you agree not to:

    1. use the Website for any illegal or unlawful purposes;
    2. use the Website in a way that is not for your personal and non-commercial use;
    3. create or suggest a false identity on User account or create a User account for any other person than yourself;
    4. use or try to use the User account of another user;
    5. violate the intellectual property rights of the Business or others, such as those concerning patents, trademarks, trade secrets, licensing, copyright or other proprietary rights;
    6. be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
    7. transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    8. be obscene, use explicit or implied profanity;
    9. post ads for your business, products or those of any other person or any other type or form of spam;
    10. monitor the availability, performance or the functionalities of the Website for competitive purposes;
    11. use software, devices, manual coding robots or automatons or other means to access, break down, analyse or index the Website, the Service or any data or related information;
    12. circumvent any security feature of the Website; and
    13. use the Website in way it is not intended to used.
  9. Links to Third Party Websites

    Some links within the Website may take you to other third party websites which are not under the control or under the responsibility of the Business. The Business has no way to control these websites, and is not liable for, nor guarantees, the availability, reliability or of the legality of these websites. The Business does not endorse nor approve the content that these websites allow access to, and excludes all responsibility or guaranty in their regard. The user that accesses these websites does so at its own risk.

    The Business reserves its right to insert advertisement throughout the Website, which can link to third party websites. Under no circumstance does the Business approve, endorse, nor is liable for the ideas, opinions, products, services or more generally the content displayed in the advertisements or the third party websites to which they offer access to.

  10. Contests

    From time to time we may offer and/or co-sponsor contests, sweepstakes and games on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry.

  11. Idea Submissions

    Any comment or suggestion related to the Website, its functionalities, or the commercial activities in which the Business participates in that you communicate to the Business may be used, adapted or implemented by the Business without any obligation to remunerate you or compensate you in any form.

    You agree that any comment, suggestion, idea or proposal related to the Website, its functionalities, or the commercial activities in which the Business participates in that you submit to the Business (other than the User Content) (the “Material”) is non-confidential, non-proprietary, and may be disclosed, used, adapted or implemented by the Business without any obligation to remunerate you or compensate you in any form.

  12. Accuracy of Information

    Although the Business takes all possible steps to ensure the accuracy of the information available of the Website, and subject to section 13 of these Conditions, no assurance is given that the information on the Website is up-to-date, accurate, error-free or complete. The Business takes no responsibility for errors or omissions in the information available on the Website, including those relating to product descriptions, pricing, and availability. We reserve the right to correct, change or update information at any time without prior notice.

  13. No Warranties

    The Website is provided as is. When you visit and use the Website, you acknowledge and agree that you do so entirely at your own risk. The Website or the Service may be terminated at any time by the business. The Business and its officers, directors, employees, agents and their respective successors and assigns MAKE no representations or warranties as to the Website or the Service, including, but without limitation:

    1. as to the accuracy, availability, completeness, reliability, merchantability or the opportunity of the Website or the Service;
    2. as to the operation or accessibility of the Website or the Service without interruption or error;
    3. As to the correction of defects or errors in the Website or the Service;
    4. As to the absence of viruses or harmful elements in the Website; and
    5. As to the secure transmission or transmission without interception of communications through the Website.
  14. Limitation of liability

    To the full extent allowed by applicable law, in no event shall the Business and its officers, directors, employees, agents and their respective successors and assigns have any liability, whether based in contract, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the Website or the Service, whether foreseeable or not, and even if the Business had been advised of the possibility of such damages.

    In the event that the Business is found liable to pay you any damages, the Business’ total cumulative liability to you under these conditions shall not exceed one hundred dollars ($100) (in Canadian currency). The above limitations of liability will not be affected if any remedy provided herein shall fail its essential purpose. This paragraph does not apply to consumers of the province of Quebec (Canada) to whom Quebec’s Consumer Protection Act (chapter p-40.1) applies.

  15. INDEMNITY

    The Business is not responsible for the user content that you generate on the Website, nor for the actions that you take or fail to take in connection with the Website (your “Acts”).

    You agree to indemnify and hold harmless the Business, its subsidiaries and its affiliates, directors, officers, agents, representatives, employees and business partners from and against any loss, liability, claims, damages, costs and expenses of any nature whatsoever, including reasonable attorneys' fees, with respect to your Acts and any violation of the Conditions, the law or the rights of a third party.

  16. No Agency

    No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Conditions.

  17. Termination

    You may terminate your User account simply by contacting us. The Business reserves its right to suspend or terminate your User account at any time at its discretion and without notice. For example, but without limitation, the Business may suspend or terminate your User account if you are not complying with these Conditions, or if you use the Website in a manner that would cause or risk to cause the Business any damage or liability, disrupt the Website or disrupt others' use of the Website.

    The Business reserves its right to temporarily or permanently discontinue the Service or the Website at any time.

    If at any time you breach the Conditions, the Business will have the right to suspend or terminate your User account, without notice and at its sole discretion.

  18. Governing Law and Jurisdiction

    Unless the applicable laws of your jurisdiction states otherwise, these Conditions are deemed to have been executed in the province of Quebec (Canada) and are governed by the laws of the province of Quebec (Canada) and the laws of Canada applicable therein (without regard to conflicts of law principles).

    The Parties irrevocably submit all disputes arising out of or relating to these Conditions to Quebec courts, judicial district of Montréal. This last sentence does not apply to consumers of the province of Quebec (Canada) to whom Quebec’s Consumer Protection Act ( chapter p-40.1) applies.

  19. Severability

    Each provision of these Conditions is separate and distinct and, if a provision of these Conditions is determined to be invalid, illegal or unenforceable, all other provisions will remain in full force and effect.

  20. Waivers

    A failure to act, or delay in acting, by the Business with respect to a non-performance, or the non-exercise of a right, under these Conditions will not operate as a waiver of that performance or of that right. The waiver of a right under these Conditions by the Business will not be effective unless it is given in a signed writing, in which case it will be effective in the specific instance and for the specific purpose given.

  21. Non Assignment

    You may not assign or delegate any right or obligation under these Conditions without the prior consent of the Business.

  22. Communications

    Any notice or communication which is required or permitted to be given under these Conditions must be made in writing and will be deemed to have been effectively transmitted if sent by email to the following address:

    1. in the case of the Business: marketing@jellifishkids.com; and
    2. in the case of the user: to the email address provided to the Business through its profile, if any.

    Notice or communication can also be made to the user by mail.

    Such notice or communication will be deemed to have been given and received on the day it is actually delivered or sent (or if that day is not a business day, on the following business day), unless it is delivered or sent after 4:30 p.m., in which case it will be deemed to have been given and received on the next business day.

    If you have any questions or comments regarding these Conditions, please contact us at:

    Jelli Fish Kids Inc.
    550 rue Deslauriers
    Montréal (Québec) H4N1V8
    Canada

    Phone Number: 1-844-333-7326
    Fax Number: 1-514-337-0878
    E-mail: marketing@jellifishkids.com
  23. Survival

    Sections 7 (User Content), 11 (Idea Submissions), 12 (Accuracy of Information), 13 (No Warranties), 14 (Limitation of Liability), 15 (Indemnity), 16 (No Agency), 18 (Governing Law and Jurisdiction), 19 (Severability), 20 (Waivers), and 23 (Survival) shall survive any termination or expiration of this Agreement.

  24. Language

    The Parties have expressly requested that these Conditions be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé à ce que ce contrat soit rédigé en langue anglaise et que toute modification à celui-ci puisse se faire dans cette langue.

    La version française des Modalités d'utilisation du Site web est disponible à l’adresse suivante :