Earth to Kids, Inc. operating as Chickapea
Terms of Service
Last Updated: July 30, 2019

 

Earth to Kids, Inc. (“Chickapea”, “we”, or “us”) provides an online store which allows you as a user (a “user” or “you”) to purchase certain products from Chickapea (each a “Product” and collectively the “Products”). For greater certainty, “Services” shall include any service or product we make available to or perform for you through the Site (as hereinafter defined). The web page at https://chickapea.com//, all linked pages under such domain, and any mobile applications or desktop applications made available to you by us, together form the “Site”. Any new features, Services or Products included on the Site are subject to these Terms and our Privacy Policy.

This document sets forth the terms and conditions that apply to your use of the Site. By using or accessing the Site and/or the Services, whether manually or by automated means, you agree to these terms. If you have any questions or concerns, please do not hesitate to contact us.

Terms of Use and Agreement

Please read the following terms of service (“Terms”) carefully before using the Site. By accessing the Site or by using any of the Services or by using any Site applications (including mobile and desktop applications), you agree to be bound by these Terms, which, together with our Privacy Policy, govern the relationship between you and Chickapea in relation to the Site and/or the Services. These Terms affect your legal rights and obligations. If you do not agree to the Terms, please do not use the Site or the Services.

Changes to this Agreement

We may revise these Terms from time to time and the most current version will always be posted to our website. If a revision is, in our sole discretion, material we will notify you at the e-mail address you have most recently provided to us. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Site and/or Services.

General Use and Site License

The Site and Services are intended for use only by those individuals who are of the age of majority in their jurisdiction. If you are not of the age of majority in your jurisdiction, you are not authorized to use the Site or Services.

You are solely responsible for your interactions with other users of the Site and Services. We reserve the right, but are under no obligation, to monitor disputes between you and other users.

You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damages to your or any user’s equipment, or for any data charges resulting from the use of the Site or Services.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Products

Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy

We have made every effort to display as accurately as possible the colors and images of our Products however we cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this site is void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

All returns and exchanges of Products purchased from the Site are subject to our Return Policy.

Payment Terms

All payments made on the Site are processed by Shopify. Shopify’s terms of service are available here and its privacy policy is available here (collectively the “Shopify Terms and Conditions”). By making a payment using the Site and/or Services you are agreeing to be bound by the Shopify Terms and Conditions. See our Privacy Policy for more information as to how Shopify processes your payments.

With respect to any purchase made on or through the Site and/or Services, you agree that: (i) you will not use an invalid or unauthorized credit or debit card or other payment method; (ii) you are solely responsible for identifying and selecting the product you wish to purchase; (iii) your payment will be charged to the credit or debit card or other payment method you use through authorized payment partners; (iv) all purchases are final and non-refundable unless otherwise specified; and (v) your use of any third-party payment provider is governed by such third-party payment provider’s then applicable terms of use and privacy policy. Chickapea reserves the right to reject, in its full discretion, any and all orders or purchases made on the Site or through the Services.

You understand you will be responsible for paying all fees and applicable taxes associated with using the Services. You will be responsible for paying any duty, taxes, or brokerage fees applicable to the purchases that you make using the Site and/or Services.

Accurate Information; Registration and Passwords; URLs

In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Chickapea has reasonable grounds to suspect that such information is inaccurate, Chickapea may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.

To access certain parts of the Site or Services, you may be required to open an account with Chickapea, in which case you will have to create a username and password and to provide registration information, which may include, but not be limited to, a name, e-mail address, address, phone number, password, and business name (if applicable).

Chickapea is not responsible for any inaccuracies in the information you provide to us, including, but not limited to shipping address. If you provide an incorrect shipping address, you will be solely responsible for any additional shipping, handling or customs charges resulting from the return of such product to Chickapea or delivery to your correct shipping location.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your Site and/or Services credentials. You must notify Chickapea immediately of any unauthorized use of your password or account or any other breach of security. Chickapea assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party. Chickapea may require that you change your password prior to accessing the Site and/or Services at any time.

If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to this Agreement.

Changes to Pricing Policy; Services.

Chickapea reserves the right to change its pricing policy and structures at any time and from time to time; such changes are effective when Chickapea posts the same to the Site and/or the Services or otherwise communicates the same to you. Chickapea may, in its sole discretion, change some or all of Services at any time. In the event Chickapea introduces a new product or service, the pricing for that product or service is effective at the launch of the product or service. Unless otherwise stated, all fees are quoted in the currency specified in connection with such quote and do not include applicable taxes.

Prohibited Uses

As a condition to using the Site and/or Services, you promise not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by Chickapea. By way of example, and not as a limitation, you agree not to use the Site and/or Services:

  1. in any way that is false, inaccurate or misleading;
  1. to sell, transfer, license or assign your user account, username, or any other rights granted to you hereunder;
  2. in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
  3. to collect and use product listings, descriptions or images;
  4. to abuse, harass, threaten, impersonate or intimidate any person;
  5. to post or transmit, or cause to be posted or transmitted, any content on the Site and/or Services that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
  6. for any purpose (including posting or viewing content) or in any fashion that is not permitted under the laws of the jurisdiction in which you use the Site and/or Services;
  7. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site or Services;
  8. to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
  9. to create or transmit unwanted ‘spam’ to any person or any URL;
  10. to violate or attempt to violate the security of the Site and/or Services;
  11. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  12. to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Chickapea;
  13. to interfere with or attempt to interfere with the proper working of the Site and/or Services;
  14. to sell or otherwise transfer your Site and/or Services account;
  15. to attempt to restrict another user from using or enjoying the Site and/or Services or to encourage or facilitate violations of these Terms or the Privacy Policy;
  16. to interfere in any way with the business of any other user of the Site; or
  17. in any other way that violates these Terms.

Chickapea shall have the right, but no obligation, to monitor the content and your activities on the Site and/or Services to determine compliance with these Terms and any other operating rules we establish.

We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, or to refuse any purchase orders that in Chickapea’s sole discretion is inappropriate, objectionable or in violation of these Terms.

Chickapea neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services, whether it is provided by Chickapea, our employees, or a third party. Under no circumstances will Chickapea be liable for any loss or damage of any kind caused by reliance on information obtained through the Site and/or Services. Neither Chickapea nor any third-party content provider shall assume or have any liability for any action or inaction by Chickapea or any third-party content provider with respect to any conduct, communication or posting on the Site and/or the Services.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Termination

Chickapea may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, including without limitation if you breach the Terms, provided, however, that if any fees are payable by you to Chickapea at the time of such termination, such fees shall remain due and owing. Any fees which are not yet payable by you to Chickapea will no longer be payable upon such termination unless you are otherwise advised by Chickapea upon such termination. Any fees which you have paid in advance which have not been applied towards the provision of Services by Chickapea at the time of termination will be refunded to you through the same payment method you used to make payment of such fees.

Upon termination of your account, your license to use the Site and Services will be revoked and your right to use the Site and/or Services will immediately cease. If you wish to terminate your Chickapea account, you may simply discontinue using the Site and/or Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links and Third Party Tools

The Site and/or Services may provide, or third parties may provide, links to other websites or resources. Because Chickapea has no control over such sites and resources, you acknowledge and agree that Chickapea is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Chickapea shall 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 such content or goods or services available on or through any such site or resource.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Privacy Policy

Registration data and other information we collect from you are subject to our Privacy Policy, which is available INSERT URL You understand that through your use of the Site and/or Services you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy and in order to provide the Site and Services to you.

Intellectual Property Rights

Unless you are advised otherwise, everything you see or read on the Site and/or Services (including anything sent to you by Chickapea via electronic communication) is subject to copyright, trademark or other forms of legal protection owned by or licensed by third parties to Chickapea. Content contained on the Site and/or the Services may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of Chickapea.

The trade-marks and logos (collectively the “Trade-marks”) displayed on the Site and/or Services are registered and unregistered Trade-marks. Nothing contained in the Site and/or Services gives you permission to use these Trade-marks, and your use of the Trade-marks is strictly prohibited. Chickapea reserves the right to enforce its intellectual property rights where applicable.

By submitting content to Chickapea, the Site or through the Services (“User Generated Content”), you are granting us ownership of such User Generated Content and are waiving your “moral rights” with respect to the same and are agreeing that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. However, by submitting your User Generated Content to Chickapea, you retain a worldwide, royalty-free, non-exclusive, sub-licensable and transferable right and license to use the User Generated Content in any way you would like. We are and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay compensation for any User Generated Content; or (3) to respond to any User Generated Content.

Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or copies made by third parties prior to deletion.

By submitting User Generated Content to Chickapea, Site and/or through the Services, you hereby represent and warrant to Chickapea that the User Generated Content: (i) complies with these Terms; (ii) are your original works and do not infringe on the intellectual property rights of any third party; (iii) that use of such User Generated Content in compliance with these Terms shall comply with all local, provincial, and federal laws; (iv) that your use or sharing of such User Generated Content in connection with your use of the Site and/or Services does not violate any privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; (v) your use or sharing of the User Generated Content does not result in a breach of contract between you and a third party; (vi) you (or the creator of) such User Generated Content have waived any and all moral rights in and to the User Generated Content; and (vii) the User Generated Comment will not contain libelous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Generated Content. You are solely responsible for any User Generated Content and their accuracy. We take no responsibility and assume no liability for any User Generated Content posted by you or any third-party

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

Release, Limitation of Liability, Indemnity

You will indemnify, defend, and hold harmless Chickapea its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, , licensees, successors and assigns (the “Chickapea Parties”) with which you interact through the Site or the Services against any actual or threatened third-party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon any breach of these Terms or from any representation or warranty contained herein and made by you which was or is at any time false, and indemnify the Chickapea Parties from all damages, costs, and attorneys’ fees finally awarded in any such Claim against the Chickapea Parties.

You hereby expressly and irrevocably release and forever discharge Chickapea, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns with whom you interact through the Site or Services, of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and/or the Services.

In no event shall Chickapea be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site and/or the Services (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising); or (iii) for any direct damages in excess of (the aggregate) of the amounts paid to Chickapea by the party claiming liability in the twelve (12) months immediately preceding the date on which such liability is alleged to have arisen.

Limited Warranty

There is a limited Warranty on Products purchased from the Site. Please see the Return Policy for more information.

Disclaimer of Warranties

EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SITE, THE SERVICES, AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY CHICKAPEA ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHICKAPEA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR SERVICES, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHICKAPEA DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.

FURTHER, CHICKAPEA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE AND/OR THE SERVICES AND/OR THEIR CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. CHICKAPEA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE AND/OR THE SERVICES. BY USING THE SITE AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, SERVICES, OR PRODUCTS AND SERVICES ASSOCIATED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE AND/OR SERVICES, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. CHICKAPEA DOES NOT WARRANTS OR GUARANTEES THAT THE SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF CHICKAPEA ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, CHICKAPEA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE OR SERVICES, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND CHICKAPEA, OR BETWEEN YOU AND ANY OTHER USER, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

The Security of the Site

Chickapea maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our users’, business partners’ and others’ information. For example, for the security of your online visit to the Site, Chickapea may make use of firewall barriers, encryption techniques and/or authentication procedures. 

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Chickapea strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Chickapea will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site. 

Electronic Communications

When you visit the Site, use the Services or send emails to Chickapea, you are communicating with us electronically. You consent to receive communications from Chickapea electronically. Chickapea may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Chickapea provides to you electronically satisfy any legal requirement that such communications be in writing. 

Governing Law

These Terms of use are governed by the laws of the Province of Ontario and the federal laws of Canadian applicable therein. By visiting the Site or using the Services, you agree to comply with all federal and provincial laws governing the Site and/or the Services, online conduct and acceptable content. You further agree to comply with all applicable laws regarding the transmission of data exported from Canada or the country in which you reside.

Conflict with Other Agreements

These Terms are in addition to, and do not nullify, any other agreement between you and Chickapea or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and Chickapea, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.

Void where Prohibited by Law

Chickapea administers and operates the Site and Services from its location in Ontario, Canada. Although the Site and Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site and/or Services are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Chickapea reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Ontario, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Resolution of Disputes

If a dispute arises out of, or in connection with this Agreement, the parties agree to first meet to pursue resolution through negotiation.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Chickapea in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Chickapea shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Chickapea’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Chickapea may transfer, assign or delegate the Terms and its rights and obligations without consent.

Survival

Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.

Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services or Products (including the Privacy Policy and Return Policy) constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Waiver

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Feedback/Notices

All notices or other correspondence to Chickapea under these Terms must be sent to the following electronic mail address for such purpose: hello@choosechickapea.com

Or to the following physical address:

25 Elgin St. Unit 2, Collingwood, ON L9Y 3L6 Canada