E-COMMERCE TERMS OF USE

Last updated on January 1st, 2024

This website, mypainid.com (“Site”) is owned and operated by MICHELLE BALON & SARA BALLANTYNE, A BUSINESS operating under the laws of ONTARIO, Canada. In these Terms, “Company”, “we”, “us” and “our” refer to SARA BALLANTYNE and the terms “you” or “your” refer to any individual user of our Site.

NOTICE: These Terms contains important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.

You may not order or obtain products or services from this Site if you (i) do not agree to these Terms, (ii) are not the age of majority in your province, state or territory of residence; or (iii) are prohibited from accessing or using this Site or any of our Site’s contents, products or services by applicable law.

By using our Site or by clicking to accept these Terms of Use (“Terms”), you accept and agree to be bound by and comply with these Terms as well as our Privacy Policy and further agree you are the legal age of majority in your jurisdiction to enter into a contract with us. If you do not meet these requirements, you must stop using our Site.  

These Terms apply to your use of our Site and/or the purchase and sale of products through our Site. These terms are subject to change by us at any time, and without notice to you. Any changes to these Terms will be in effect as of the “Last Updated Date” above, and your continued use of our Site will constitute your acceptance of and agreement to such changes.

You can review our Site Privacy Policy and we recommend you do so before using and/or placing an order through our Site.

SECURITY

General

You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.

Security
If at any time you are required to create a username and password to access our Site, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to sara@unstoppablemama.ca

Use of Third-Party Applications

In order to run our Site and provide our services, we use a number of third-party applications, such as for processing payment and shipping, delivering electronic newsletters, etc. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any third-party applications we use on our Site. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and services immediately.

Confidentiality
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.

Your Communication with Us
By submitting a comment, photo, video or other materials to our Site or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so.  You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site.

Any communications made through our contact form, blog comments, social media pages or other related pages, or directly to our phone(s), mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy.

We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site as a result of any such behaviour that we deem inappropriate.

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.

ONLINE SALE OF GOODS AND SERVICES

Acceptance and Cancellation

You agree that your order is an offer to buy all products and services listed in your order, and is subject to these Terms. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you’ve ordered.

Prices

Prices are as listed on our Site and in CDN dollars. We reserve the right to change our prices at any time and without notice. The price charged for a product or service will be the price advertised on our Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. If the price of any product or service is increased, that price increase will only apply to orders placed after the time that increase is listed on our Site. All prices are exclusive of taxes and/or charges for shipping and/or handling, with such taxes and charges to be added to your total price and clearly itemized in your cart on the order page and clearly set out in your order confirmation email.

Payment Method

Payment is required to be received by us before our acceptance of your order. We accept APPROVED CREDIT CARDS/PAYPAL/EMAIL MONEY TRANSFER/ STRIPE for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on our Site at the time of your order.

Shipping and Delivery

We will arrange for shipment of products to you. Delivery options are set out at time of checkout. You agree to pay all shipping and handling charges, including any additional duties owing, unless otherwise specified in your order confirmation.

Errors

While we strive to display accurate price information, there is the potential we occasionally make errors, inaccuracies or omissions related to pricing and availability on our Site. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.

RETURNS AND REFUNDS

Return Policy

We do not provide refunds. You understand and agree that all purchases from our Site our final sale.  

Chargebacks

You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution or any third party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms any third party investigating the dispute. We reserve the right to recover any of our of our costs and expenses, including legal fees, in the event we are successful in disputing any chargeback you initiate.

ASSUMPTION OF RISK, WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk.

Manufacturer’s Warranty
We do not manufacture or control any of the products offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Site, however, the products offered on our Site may be covered by the manufacturer’s warranty as detailed in the products description on our Site and included with the product. To obtain warranty service for defective or faulty products, please follow the instructions included in the manufacturer’s warranty.

Disclaimer

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION; (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICITIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE, AGREE AND CONFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL  COMPANY NOR, WHERE APPLICABLE, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.

Not for Resale

You represent and warrant to us that you are buying products or services from our Site for your own  use only and not for resale or export.  

Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Affiliates
We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services or products.

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

Ownership of Intellectual Property
You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by us, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

We take copyright infringement seriously. Our company name, trademark(s) (whether registered or not), our logo and all related names, product and service names, designs, images, and slogans are our trademarks. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on our Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject you to legal action.

You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except:

·         your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

·         a reasonable number of copies for personal use only may be printed as long as our proprietary and copyright notices are kept intact, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;

·          in the event social media platforms are linked to certain content on our Site, you may take such actions as our Site and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of our Site or any services or materials available through the Site

If you print off, copy, or download any part of our Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or to any content on our Site, and all rights not expressly granted are reserved by us. Any use of our Site not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

GENERAL

Privacy

We respect your privacy. Our Privacy Policy sets out how we collect, store, process and protect any of your data collected through our site and when you purchase a product from our Site.

Force Majeure

Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that was unforeseeable or unavoidable (which events may include natural disasters, epidemics, pandemics, embargoes, explosions, riots, wars, or acts of terrorism) (each, a "Force Majeure Event"). The party relying on this clause will give the other party written notice as soon as possible of any event or circumstance that is reasonably likely to result in a Force Majeure Event, and the anticipated duration of such Force Majeure Event. The party relying on this clause (the “Affected Party”) will use all diligent efforts to mitigate and end the Force Majeure Event, ensure that the effects of any Force Majeure Event are minimized and resume full performance under this Agreement. During the Force Majeure Event, the non-affected Party may similarly suspend its performance obligations until such time as the Affected Party resumes performance. The non-affected Party may terminate this Agreement if such failure or delay continues for a period of 60 consecutive days or more and, if the non-affected Party is Company, receive a refund of any amounts paid to the Influencer in advance for the affected services.

Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site at any time without notice, and if necessary, block your IP address from further visits to our Site.

Full Agreement
You acknowledge that these Terms, together with our general Website Terms of Use and our Privacy Policy constitute the full agreement relating to your use of the Site and any purchases from our Site.

Governing Law and Jurisdiction
These Terms as well as our Privacy Policy are  governed by and interpreted in accordance with the laws of ONTARIO and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of OTTAWA, ONTARIO.

Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

Assignment

You may not assign any of your rights or obligations under these Terms without our prior written consent.

Notice

We may provide any notice to you under these Terms by (i) sending you a message to the email you provide to us and consent to us using; or (ii) by posting to our Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will become effective upon posting. It is your responsibility to keep your email address up-to-date.

If you need to provide us notice under these Terms, you can do so by sending it to SARA@UNSTOPPABLEMAMA.CA. Notices provided to us by will be effective when it is sent. Notices sent by registered mail will be effective three business days after they are sent.

All Rights Reserved

We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.

Contact
If you have any questions about these Terms, please send an email to: HELLO@MYPAINID.COM