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ImprintBACK TO TOP

 

1.1 The Website and its contents are designed, operated, and administered by CharlieBaby Inc, a Canadian incorporated sole ownership, with a registered office in Toronto at 18 King Street East, Suite 1400, Toronto Ontario M5C 1C4 (hereinafter “CharlieBaby,” “we,” “us,” “our“).

1.2 The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Website and/or Services or unauthorized purposes, including but not limited to marketing.

AgeBACK TO TOP

 

2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual’s relevant jurisdiction). If you are under this age, please do not view, use, register for, or subscribe to, the Website or the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your jurisdiction (or fraudulently misrepresented your age during the registration or subscription process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services.

Registration for and Subscription to, ServicesBACK TO TOP

 

3.1 You may register for or subscribe to our Website and Services as available from time to time on the Website.

3.2 When registering for, or subscribing to, the Website and the Services, you agree to provide accurate and factual information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent Gucci from inadvertently contacting third parties.

3.3 If you registered for a Service requiring prior authentication (e.g., Account, Wish list). You are solely responsible for maintaining the confidentiality of your password and any and all use of your account or password. CharlieBaby is authorized to rely upon any acts or communications it receives under your password as if you have made such acts or communications unless CharlieBaby receives explicit prior notice otherwise. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

3.4 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, CharlieBaby will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and the Services.

Duration – Termination of ServicesBACK TO TOP

 

4.1 Your registration for, or subscription to, one or more Services will be effective upon completing the relevant process.

4.2 You may terminate your registration for or subscription to the Services at any time at your sole discretion by emailing info@CharlieBaby.ca. We will send an email or other communication confirming your registration or subscription cancellation.

4.3 CharlieBaby may immediately terminate your registration or subscription or suspend it, at any time and at its sole discretion, in case of any material breach by you of these Terms of Use, without prejudice to any other remedies provided by the applicable law. CharlieBaby will notify you about the termination or suspension, as applicable, by email or postal mail, and your credentials, if any, will be deactivated. Termination of your access or use will not waive or affect any other right or relief to which CharlieBaby may be entitled, at law or in equity. The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes.

Electronic ServicesBACK TO TOP

 

5.1 Certain parts of the Services may require the Services to be provided through electronic communication channels, such as email, text messages, or phone calls.

5.2 By providing us with your email address and/or telephone number, you agree that we may use this information to contact you regarding the Services (including for promotional or marketing purposes) by email, text message, or phone, as appropriate. You acknowledge that using mobile voice or data services may result in charges imposed on you by your network provider and that you will be responsible for such charges. Please see CharlieBaby’s Privacy Policy for more information about how we may contact you and your rights and options regarding our use of your contact information. As mentioned above, you may terminate your registration for or subscription to the Services at any time at your sole discretion by emailing info@CharlieBaby.ca. We will send an email or other communication confirming your cancellation of your registration or subscription.

5.3 You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data, or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.

Protection of industrial and intellectual property rightsBACK TO TOP

 

6.1 The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation, and use of the Website, layout, structure, and organization of the content of the Website, the collection, and organization of data and information, video clips, musical compositions, audio clips, designs, devices, or any other material (collectively, “Contents”) is protected under domestic and foreign intellectual property laws. CharlieBaby owns all rights and/or licenses in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent, and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from CharlieBaby. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to CharlieBaby.

SubmissionsBACK TO TOP

 

7.1 Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website or other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, worldwide, irrevocable, nonexclusive, sublicensable right and transferable license for us to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the entire term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. CharlieBaby is not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality, and any other proprietary or personal rights. CharlieBaby is not responsible for screening or monitoring Submissions made to this Website by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, CharlieBaby may investigate the allegation and determine in good faith and at its sole discretion whether to remove such Submissions. CharlieBaby will have no liability or responsibility to users for performance or nonperformance of such activities. Gucci may, but will not be obligated to, use and/or provide any author attributions related to any Submissions. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Links to other sites and the WebsiteBACK TO TOP

 

8.1 This Website may contain links to other websites. CharlieBaby has no control over such websites and will not be responsible or liable for any content or anything else related to your accessing or use of any third-party websites.

8.2 Hyperlinks to other websites and references to information, products, or services of third parties linked to this Website do not constitute and should not be interpreted, in any way, as an endorsement by CharlieBaby of such websites, information, products, or services. Any question or comment related to these websites must be addressed to the relevant operators. CharlieBaby shall not be responsible for any losses, damages, or other liabilities incurred as a result of the use of such sites.

8.3 You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without prior written consent of CharlieBaby.

Accuracy and Completeness of InformationBACK TO TOP

 

9.1 This Website is solely for private, personal, and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. CharlieBaby shall not be responsible if the information made available on this site is inaccurate, incomplete, or outdated. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. The User assumes all risk for any reliance upon the accuracy of any information portrayed on the Website or Services.

9.2 Unless otherwise specified, the Website and Service are intended to promote CharlieBaby products and services available in Canada. Accordingly, the prices displayed on the Website and Services are quoted in Canadian Dollars.

9.3 The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User’s viewing device or display could affect the accuracy of the colors of the products portrayed.

9.4 Some of the products displayed on the Website or Services are available only in specific retail locations in Canada, in particular foreign markets, and/or online through the Website. The quantities of these products may be limited and are subject to return or exchange in accordance with the terms and conditions outlined in the applicable return policy dependent upon the point of purchase.

9.5 We provide you with Products and Services through the networks of other telecommunications providers, suppliers, and third parties. Your use of the Products and Services of CharlieBaby and the equipment, facilities, and services of third-party suppliers is at your own risk. We assume no responsibility for the security of your facilities or networks or unauthorized access to such networks or facilities. You are responsible for determining and establishing secure network access configurations in all cases. CharlieBaby, its partners, affiliates and third party suppliers, and each of their respective directors, officers, employees, consultants, agents, and suppliers shall not be liable for any inability, failure, or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. CharlieBaby and its suppliers make no commitments with respect to the recoverability of lost data.

Exclusion of warranty BACK TO TOP

 

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS MATERIALS, CONTENTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHARLIEBABY PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS MATERIALS, CONTENTS, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR)), THAT IT IS MERCHANTABLE, THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, OR THAT (EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY), ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN THE COURSE OF YOUR USE OF THIS WEBSITE OR ANY HYPERLINKED WEBSITE ARE SECURE AND EXPRESSLY DECLINES ANY SUCH WARRANTIES. TO THE EXTENT: THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

10.2 CHARLIEBABY WORKS TO ENSURE THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER, CHARLIEBABY CAN NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS, AND CHARLIEBABY MAKES NO WARRANTY AND SHALL HAVE NO LIABILITY IN RESPECT OF THE SAME. CHARLIEBABY RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.

Limitation of liabilityBACK TO TOP

 

11.1 SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED, APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

11.2 YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE, YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA, AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICES AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.

11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

11.4 NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CAN NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Indemnity BACK TO TOP

 

12.1 To the extent permitted by applicable law, you agree to indemnify and hold CharlieBaby and each of its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost, penalty, or expense (including reasonable attorneys’ and professionals’ fees and court costs) arising out of or relating to your use of the Website, including, but not limited to, any Submissions to make to us, or any breach by you of these Terms of Use.

12.2 WE RESERVE THE RIGHT TO ASSUME AND DELEGATE THE EXCLUSIVE DEFENCE AND CONTROL OF ANY CLAIMS, DEMANDS, AND ACTIONS ARISING IN CONNECTION WITH THIS INDEMNITY, AND YOU AGREE TO COOPERATE WITH CHARLIEBABY AND ITS DESIGNEES IN DEFENCE OF THESE CLAIMS, DEMANDS, AND ACTIONS.

Applicable Law and Construction; Jurisdiction; Arbitration BACK TO TOP

 

13.1 These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with the laws of the Province of Ontario, Canada (without regard to its conflict of law provisions), except as otherwise provided under mandatory local legislation of your place of residence.

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present, or future, and including, but not limited to, statutory, common law, intentional tort, and equitable claims) arising out of or relating to these Terms of Use or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF CHARLIEBABY, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the Canadian Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the provincial and federal courts in the Province of Ontario in the city of Toronto. Suppose any party chooses arbitration with respect to a Claim. In that case, neither CharlieBaby nor User will have the right to litigate that Claim in court or to have a jury trial on that Claim, or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved.

In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.

13.2 The headings used in this agreement are for reference purposes only and do not have contractual or binding effect.

13.3 If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. However, in such an event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.

13.4 The terms and conditions set forth herein constitute the entire agreement and understanding between the User and CharlieBaby with respect to the subject matter outlined in the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral and supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.

13.5 CharlieBaby waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein, or failure to take advantage of any of its rights with respect will not operate to excuse performance or waive any such right to require strict performance at any future time.

PrivacyBACK TO TOP

 

14.1 By using the Website or the Services, or by uploading or providing any personal information to CharlieBaby, you agree to the terms of our Privacy Policy, which explains how CharlieBaby treats your personal information and protects your privacy when you use the Website and the Services. Please read the Privacy Policy carefully.

Notice and Takedown ProceduresBACK TO TOP

 

15.1 If you believe any Submissions accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting CharlieBaby (address identified below) and providing the following information:

(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

(ii) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.

(iii) Your name, address, telephone number, and (if available) email address.

(iv) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.

(v) A statement that the information you supplied is accurate indicates that “under penalty of perjury,” you are the copyright owner or authorized representative.

(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.

15.2 Our address for copyright issues relating to this Website is as follows:
info@Charliebaby.ca