Terms of Use
1. INTRODUCTION
1.1 Acceptance of Terms and Conditions of Use
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT INQUIRE ABOUT ANY PRODUCTS AND/OR SERVICES OFFERED FROM THIS WEBSITE OR DESCRIBED ON THIS WEBSITE.
These general terms and conditions of use (the “Terms of Use”) constitute a legal agreement
between you NIK AND PEA INC governing Your use of
[NIKANDPEA.CA DOMAIN] and all associated web pages owned by the Company (collectively, the
“Website”). “We” and “Us” means both You and the Company. By accessing or using the Website
or otherwise indicating Your consent to these Terms of Use, You agree to be bound by these
Terms of Use and the documents referred to herein. If You do not agree with or accept any of the
terms of these Terms of Use, You should cease using the Website immediately. These electronic
Terms of Use shall be the equivalent of a written paper agreement between Us.
By using the Website, You represent and warrant that You are the legal age of majority under
applicable law to form a binding contract with the Company.
1.2 Amendment of Terms of Use
These Terms of Use are dated 12/8/2022. The Company reserves the right
in its sole discretion to amend these Terms of Use for any or no reason, at any time, and from
time to time. Any and all such amendments will be effective from the date they are published and
will apply to all access to or continued use of the Website.
By continuing to use or access the Website following such amendment to these Terms of Use,
You agree to be bound by the Terms of Use as amended, regardless of whether or not the
Company notified You of such amendments. You agree to periodically review these Terms of Use
in order to be aware of any amendments.
No changes to these Terms of Use are valid or have any effect unless agreed to by the Company
in writing.
2) YOUR USE OF AND CONDUCT ON THE WEBSITE
2.1 Nature of Use
The Website is for Your personal and non-commercial use only. You agree that You will only
access or use the Website for lawful purposes and in accordance with these Terms of Use. As a
condition of Your access to and use of the Website, You warrant and agree that You will not use
or access the Website to:
a. Violate or promote the violation of any government-imposed restriction or rule or of any
third-party’s rights;
b. Impersonate any person or entity, misrepresent Your affiliation with a person or entity, or do
any other thing or act that brings the Company, any other user of the Website, or any third-party
into disrepute or causes liability for the Company;
c. Distribute viruses, malware, or any other technologies that are malicious or that may harm the
Company, the Website, other users of the Website, the Company’s affiliates, or any third-party, or
in any other way interfere or attempt to interfere with the proper working of the Website;
d. Reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display,
revise, perform, transfer, sell, or otherwise make available to any third-party, or otherwise
publish, deeplink, create derivative works from or exploit in any way the Website or any content
on the Website except as permitted by the Company under these Terms of Use; and
e. Harvest or otherwise collect, use, or disclose (including through the use of any robot, spider, or
other automatic device, process, or means) content on the Website or personal information about
any other user or users of the Website for any purpose.
f. All the information You provide on or through the Website is correct, current, and complete;
g. Any username, password, or any other piece of information chosen by You, or provided to
You as part of the Company’s security procedures, if any, will be treated as confidential by You
and will not be disclosed to any other person or entity;
h. You will notify the Company immediately of any unauthorized access to or use of Your
username or password, if applicable, or any other breach of security; and
i. You will not transfer Your account, if any, to another person without the prior written consent of
the Company.
2.2 User Generated Content
You may be able to submit, post, publish, display, or otherwise transmit content, material, or
information to the Website or to other users or persons through or using the Website (“User
Generated Content”). You are entirely responsible for all User Generated Content You submit,
post, publish, display, or otherwise transmit on or through the Website. The Company is not
responsible or legally liable to any third party for the content or accuracy of any User Generated
Content submitted, posted, published, displayed, or otherwise transmitted on or through the
Website by You or any other user of the Website. Any and all User Generated Content must
comply with all applicable laws, regulations, and these Terms of Use.
User Generated Content may be removed, hidden, edited, or otherwise altered at the sole
discretion of the Company for any or no reason, with or without notice, and at any time. However,
the Company has no obligation, nor any responsibility to any party to monitor the Web-site or its
use, and does not and cannot undertake to review User Generated Content. The Company
cannot ensure prompt removal of objectionable material, including User Generated Content, and
the Company has no liability for any action or inaction regarding transmissions, communications,
or content, including User Generated Content, provided by any user of the Website or third-party,
subject to applicable laws.
The discretion of the Company will be informed, but not limited by, the following guidelines for
inappropriate User Generated Content. User Generated Content may be deemed inappropriate
by the Company if it contains, depicts, includes, discusses, encourages, or involves, without
limitation:
a. Material or conduct that is illegal, exploitative, obscene, harmful, threatening, abusive,
harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or
discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other
such legally prohibited ground;
b. Any false, inaccurate, or misleading information, or the impersonation or attempted
impersonation of the Company, an employee of the Company, another user of the Website, or
any other person or entity;
c. Conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as
determined by the Company in its sole discretion, may harm the Company or users of the
Website, or expose either to liability;
d. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or
alarm any other person; or
e. Material or conduct that is otherwise objectionable, as determined by the Company at its sole
discretion.
By submitting, posting, publishing, displaying, or otherwise transmitting any User Generated
Content on or through the Website, You agree to grant the Company, its successors, and
as-signs, and the Company’s affiliates and service providers as necessary, a worldwide, royalty
free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display,
distribute, copy, and otherwise disclose for any purpose any User Generated Content You
submit, post, publish, display, or otherwise transmit on or through the Website. You waive all
moral rights in any such User Generated Content.
2.3 Ordering and Purchases
You may be able to purchase products on the Website and Your purchase of any such goods will
beYou governed by this subsection 2.3, subject to any additional terms relating to a particular
product (“Additional Terms”), which will be made available to You at or before Your time of
ordering and will prevail over these Terms of Use in the event of a conflict.
By selecting a product, quantity, colour, and/or any other features required to be selected by You,
providing Your provided method of payment, and completing the steps required of You during the
check-out process, You can place an order for a product on the Website. You may receive an
email confirming that such order has been received by the Company, however: (a) any such
order confirmation provided to You by the Company does not constitute an acceptance of Your
order; and (b) the Company reserves the right, at its sole discretion, to accept or reject any order
prior to shipment of that order. Without limiting the foregoing sentence, the Company may reject
all or a portion of Your order because of the unavailability of the ordered product or products for
purchase, errors in product pricing information, or a product recall for one or all of the products
You ordered. Shipment and processing of payment for each product in Your order will constitute
the Company’s acceptance of that portion of Your order.
The Company does not represent or warrant that any products description, image, or other such
content on the Website is accurate, complete, reliable, or current. If You deem that a product You
purchased on the Website is not as described on the Website, Your sole recourse is to return that
product to the Company for a refund. Please direct such return inquiries to nikki@nikandpea.com.
To extent legally permissible, the only warranties and conditions provided to You with respect to
any particular product are those warranties and conditions described on the Website.
By placing an order for a product or products on the Website, and specifically by confirming your
order at the conclusion of the check-out process, You agree to pay the Company the total
amount set-out at the time You confirm Your order. All prices quoted on the Website, including
the prices for products and shipping, are in Canadian dollars unless otherwise explicitly stated.
Your provided method of payment will be charged for Your order or for each product in Your order
as each portion of Your order is accepted by the Company and shipped. The Company reserves
the right to reject Your order where the price of an ordered product has changed or was
misstated on the Website; You may be provided an opportunity to accept such price change and
continue with Your order. You are required to pay for all products shipped to You by the
Company, even where such product is shipped to You as a result of an error by the Company,
unless You return such product to the Company within 14 calendar days of Your receipt thereof.
All payments owed by You are due no more than 30 calendar days after Your receipt of the
product and/or order and the Company reserves the right to charge interest on any amounts
owed but not paid by You within such time at the lower of 1.5% or the maximum rate permitted by
law.
All information provided by You to the Company during the check-out process must be truthful,
accurate, and complete for the purposes for which such information was requested. By providing
payment information to the Company, You represent and warrant that You are the authorized
owner of such payment method.
The Company may use third-party carriers to ship and deliver the products You order and the
Company is not responsible for any loss or damage to any such products after the Company has
delivered the products to a third-party carrier. Products You order may be shipped in one or
multiple packages. Shipping costs provided to You during the check-out process are estimates
only and are realized by the Company at the time of shipping. You agree to pay all shipping costs
unless otherwise stated by the Company at the time of Your order, including without limitation
any increase in the price of shipping or any duties or other such taxes.
The Company will respect any certain legal rights You have with respect to Your order under
applicable consumer protection laws. For information on the Company’s exchange and returns
policy [COMPANY EMAIL].
3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Website and all the content of the Website (including without limitation all information,
reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product
names, company names, trademarks, logos, trade names, any other intellectual property
contained on the Website but excluding User Generated Content), the manner in which such
content is presented or appears and all information relating thereto, and the Website’s features
and functionality (collectively, the “Website IP”) are owned by the Company, its licensors, or other
providers of such Website IP, and are protected in all forms by intellectual property laws,
including without limitation copyright, trademark, patent, trade secret, industrial design, and any
other proprietary rights.
The Company grants You a personal, revocable, non-transferable, and non-exclusive license to
access and read the Website IP.
You agree that, except as explicitly authorized by the Company, You will not:
a. Distribute the Website IP for any purpose, including without limitation by compiling an internal
database, or by redistributing or reproducing the Website IP by the press or media or through
any commercial network, cable, or satellite system;
b. Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate,
transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell,
sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make
available to any person or otherwise use, either directly or indirectly, the Website IP in whole or in
part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
c. Allow any third-party to access the Website IP.
4. ENFORCEMENT, SUSPENSION, AND TERMINATION
The Company may in its sole discretion for any or no reason, with or without notice, and at any
time:
a. Terminate these Terms of Use;
b. Limit, suspend, or terminate Your access to or use of the Website;
c. Take technical and legal steps to prevent You from accessing or using the Website; or
d. Remove or otherwise modify any User Generated Content.
Any such termination or action by the Company shall be in addition to and without prejudice to
such rights and remedies as may be available to the Company, including injunction and equitable
remedies. Any terms of these Terms of Use which are necessary to give effect to the rights of the
Company under these Terms of Use or that contemplate survival beyond termination shall
survive, except to the extent not permitted by law.
5. INDEMNITY
To the maximum extent permitted by applicable law, You agree at all times to indemnify, defend,
and hold harmless the Company, its agents, affiliates, partners, and its and their respective
directors, officers, employees, agents, service providers, contractors, licensors, suppliers,
successors, and assigns from and against any claims, actions, proceedings, demands, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees (including legal and other fees
and disbursements) sustained, incurred, or paid by the Company, or arising out of or relating to
Your breach of these Terms of Use or Your access or use of the Website, including without
limitation any User Generated Content You submit, post, publish, display, or otherwise transmit
on or through the Website, and Your access to, use, or misuse of the Website or any content on
the Website.
6) LIMITATIONS ON LIABILITY AND DISCLAIMER
6.1 Limitations on Liability
EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS,
LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT,
CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, PUNITIVE,
EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER
CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST
PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS,
EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR
USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT ON THE WEBSITE,
INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES THE COMPANY MAY MAKE TO THE
WEBSITE OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON
THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY,
OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR
DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY
CONTENT ON THE WEBSITE, INCLUDING USER GENERATED CONTENT; (C) YOUR
FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO
KEEP YOUR PASSOWARD OR ACCOUNT DETAILS SERCURE AND CONFIDENTIAL, AS
APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF THE COMPANY IS FOUND TO BE
LIABLE FOR ANY REASON, THE COMPANY’S LIABILITY TO YOU OR ANY THIRD PARTY IS
LIMITED TO THE GREATER OF: (Y) THE TOTAL FEES SUCH PARTY MADE TO THE
COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY;
AND (Z) $150 CAD.
6.2 Availability, Completeness, and Quality
You understand and agree that the Website, any content on the Website, and any services or
items found or attained through the Website are provided on an “as is” and “as available” basis,
without any warranties of any kind, either express or implied, including without limitation the
implied warranties of merchantability, fitness for particular purpose, or non-infringement.
Except as otherwise expressly required by applicable law, the Company makes no
representations, warranties, conditions, or other terms (whether express or implied) in relation to
the provision of the Website or any content on the Website, including without limitation as to
completeness, security, reliability, suitability, accuracy, availability, or currency of the Website or
any content on the Website, that the Website or any content on the Website will be free from
bugs, errors, or omission, or as to the satisfactory quality or fitness of the Website or any content
on the Website for a particular purpose. The Company assumes no obligation to update the
Website or any content on the Website. The Website or any content on the Website may be
changed without notice to You.
To the maximum extent permitted by applicable law, the Company excludes all liability (whether
arising in contract, tort, breach of statutory duty, or otherwise), which the Company may
otherwise have to You as a result of any error or inaccuracies in the Website or any content on
the Website, the unavailability of the Website for any reason, or any representation or state-ment
made on or through the Website or any content on the Website.
The Company is not responsible for any content on the Website, including User Generated
Content, that You may find undesirable or objectionable.
6.3 Downloads
The Company cannot and does not guarantee or warrant that files or data available for
downloading on, through, or as a result of the Website will be free of viruses or other destructive
code. You are solely and entirely responsible for Your use of the Website and Your computer,
Internet, and data security. To the fullest extent provided by law, the Company will not be liable
for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack,
overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or
other technologically harmful materials that may infect Your computer equipment, computer
programs, data, or other proprietary material due to Your use of the Website or any services or
items found or attained on, through, or as a result of the Website or to Your downloading of any
material posted on or through the Website, or on any website linked to the Website.
6.4 Third-Party Sites
The Website or content on the Website may contain links to third-party sites. The Company does
not assume responsibility for the accuracy or appropriateness of, and has no control over, the
information, data, opinion, advice, or statements contained at such sites, and makes no
representations about any such websites that may be accessed from the Website or from any
content on the Website. Where You access such sites, You acknowledge and agree You are
doing so at Your own risk. Your use of a third-party site may be governed by the terms and
conditions of such site.
In providing links to third-party sites, the Company is in no way acting as a publisher or
disseminator of any material contained on those sites and does not and does not seek to monitor
or control such sites.
A link to a third-party site does not mean and should not be construed to mean that the Company
is affiliated or associated with such third-party in any way. The Company does not recommend or
endorse any material found on such third-party sites. The mention of another party or its product
or service on the Website or in any content on the Website is not and should not be construed as
an endorsement of that party or its product or service.
6.5 No Reliance
Any reliance You may place on the Website or any content available on, through, or as a result of
the Website is at Your own risk. Any content provided by the Company on, through, or as a result
of the Website is provided for general information purposes only and to inform You about the
Company and the Company’s products, news, features, services, and other websites. Such
content does not constitute technical, financial, or legal advice, or any other type of advice, and
should not be relied on for any purpose. You agree to apply Your own judgement or obtain
specific or professional advice before taking, or refraining from, any action or inaction on the
basis of the Website or any content on the Website, including User Generated Content, including
without limitation the use of the Website or any content on the Website, including User
Generated Content, as the basis for any conclusions.
6.6 No Offer of Sale
Unless explicitly stated, the Website and the content on the Website are not to be
construed as an offer to sell any product or service.
6.7 Force Majeure
The Company shall have no liability to You for any breach of these Terms of Use
caused by any event or circumstances beyond the Company’s reasonable control
including without limitation strikes, lock-outs and other industrial disputes, breakdown
of systems or network access, disease, flood, fire, explosion, or accident.
7. RELEASE
If You have a dispute with one or more other users of the Website, You release the
Company, its affiliates, and licensors (and its and their directors, officers, employees,
agents, and subsidiaries) from any claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any
way connected with such disputes.
8. PRIVACY
The use by the Company of Your personal information is governed by the
Company’s privacy policy (“Privacy Policy”), which can be found at Privacy Policy. By
using the Company’s Website or by submitting Your personal information, including
User Generated Content, on or through the Website, You consent to the collection,
use, and disclosure of Your personal information in accordance with the terms of the
Privacy Policy.
9. GENERAL
9.1 No Agency
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee
relationship is intended or created by these Terms of Use.
9.2 Governing Law, Jurisdiction, and Attornment
These Terms of Use shall be governed by and construed in accordance with the laws
of the Province of Ontario and the federal laws of Canada applicable therein, without
giving effect to any choice of law provision, principle, or rule, and notwithstanding
Your domicile, residence, or physical location.
For the purpose of all legal proceedings, these Terms of Use shall be deemed to
have been performed in the Province of Ontario and the courts of the Province of
Ontario shall have jurisdiction to entertain any action arising under or out of these
Term of Use. You and the Company agree to irrevocably attorn and submit to the
exclusive jurisdiction of the courts of the Province of Ontario. You further waive any
and all objections to the exercise of jurisdiction over You by such courts and to the
venue of such courts.
You agree to waive any right You may have to a trial by jury or to commence or
participate in any class action against the Company related to the Website or any
content on the Website, including User Generated Content, or these Terms of Use.
9.3 Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege
arising from these Terms of Use operates, or may be construed, as a waiver thereof.
No single or partial exercise of any right, remedy, power, or privilege hereunder
precludes any other or further exercise thereof or the exercise of any other right,
remedy, power, or privilege.
9.4 Severability
Any term of these Terms of Use that is prohibited or unenforceable in any jurisdiction
shall, as to that jurisdiction, be ineffective to the extent of such prohibition or
unenforceability and shall be severed from the balance of these Terms of Use, all
without affecting the remaining terms of these Terms of Use or affecting the validity
or enforceability of such terms in any other jurisdiction. Nothing in these Terms of
Use shall operate to prejudice any mandatory statutory requirement or Your statutory
rights.
9.5 Entire Agreement
These Terms of Use together with the Privacy Policy and other documents referred
to herein contain the entire understanding and agreement between Us in relation to
Your use of the Website, and supersede and replace all prior and contemporaneous
understandings, agreements, representation, statement, or other communication
made by You or the Company, whether written or oral, that is not contained herein.
9.6 Notices
The Website is operated by Nikki and Paula , owner of Nik and Pea Inc.
You consent to the exchange of information and documents between Us
electronically over the Internet or by e-mail. If You have an account profile with the
Company or have purchased a product or service from the Company, the Company
will send You information and documents to the e-mail address in Your account
profile on the Website or provided in the course of purchasing such product or
service. You will send information and documents to the Company by email to
nikki@nikandpea.com.
Every notice that You are required or permitted to provide under these Terms of Use
to the Company shall be in writing and provided to nikki@nikandpea.com. All notices from
the Company to You will be displayed on the Website from time to time.
9.7 Assignment
You may not assign, sublicense, or otherwise transfer any of Your rights and
obligations in these Terms of Use to any other person.