Terms and Conditions
These Terms and Conditions ("Terms") govern your access to and use of the Sleep of Mind website, products, services, educational materials, sleep consulting services, affiliate programs, promotions, and related offerings. By accessing the website, purchasing products, creating an account, subscribing to communications, or using any services, you agree to be bound by these Terms.
1. Company Information
Sleep of Mind Canada Inc. ("Sleep of Mind", "we", "us", "our") operates the website and services offered through sleepofmind.com.
2. Eligibility and Acceptance
You must be the age of majority in your jurisdiction to use this website or make purchases. By using the website, you represent that you have the legal authority to enter into this agreement.
3. Products and Services
We offer infant and children's sleepwear, swaddles, sleep sacks, educational content, sleep consulting services, digital products, and related merchandise. Product availability may change without notice.
4. Orders and Acceptance
All orders are subject to acceptance. We reserve the right to refuse, cancel, or limit orders for suspected fraud, pricing errors, inventory shortages, reseller activity, or any other lawful reason.
5. Pricing and Payment
Prices are subject to change without notice. Payment must be received before shipment. We reserve the right to correct pricing errors and cancel orders affected by those errors.
6. Chargebacks and Payment Disputes
Customers agree to contact Sleep of Mind before initiating a chargeback. We reserve the right to provide documentation to financial institutions regarding disputed transactions.
7. Shipping Policy
Shipping timelines are estimates only. Carrier delays, customs delays, weather events, and other circumstances beyond our control may affect delivery times.
8. Returns and Refunds
Returns and refunds are governed by our Refund Policy:
https://sleepofmind.com/pages/refund-policy
9. Product Safety Disclaimer
Sleep of Mind products are not medical devices and are not intended to diagnose, monitor, detect, prevent, treat, or cure any medical condition. Any visibility features are intended only to assist caregivers in visually observing chest movement.
10. Safe Sleep Disclaimer
Parents and caregivers remain solely responsible for following all applicable safe sleep recommendations and supervising children appropriately.
11. No SIDS Prevention Claim
Sleep of Mind products do not prevent Sudden Infant Death Syndrome (SIDS), suffocation, strangulation, entrapment, or other sleep-related injuries or deaths.
12. Product Use and Misuse
Products must be used according to instructions and age or size recommendations. Sleep of Mind is not responsible for injuries arising from misuse, modification, improper fit, failure to supervise, or use contrary to instructions.
13. Sleep Consulting and Educational Services Disclaimer
Sleep plans, consultations, blog articles, social media content, courses, and educational materials are informational only and do not constitute medical advice. Customers should consult healthcare professionals regarding medical concerns.
14. User Accounts
You are responsible for maintaining the confidentiality of account credentials and for all activity occurring under your account.
15. Reviews, Testimonials and User Content
By submitting reviews, photographs, videos, testimonials, comments, or other content, you grant Sleep of Mind a perpetual, royalty-free, worldwide license to use, reproduce, modify, publish, and display such content for marketing and business purposes.
16. Intellectual Property
All trademarks, logos, product designs, content, graphics, videos, photographs, educational materials, sleep plans, and website materials are owned by or licensed to Sleep of Mind Canada Inc. Unauthorized use is prohibited.
17. Affiliate Program
Affiliate participation is subject to separate affiliate terms. We reserve the right to modify commission structures, terminate participation, and withhold commissions resulting from fraudulent or prohibited activity. More details here.
18. Promotions and Discounts
Promotional offers may be modified or terminated at any time. Discounts generally may not be combined unless expressly stated.
19. SMS and Email Communications
By subscribing to marketing communications, you consent to receive emails and, where applicable, SMS messages. Consent may be withdrawn at any time using available unsubscribe methods.
20. Third-Party Services and Links
The website may contain links to third-party websites and services. We are not responsible for their content, security, products, or policies.
21. Accuracy of Information
We strive to maintain accurate information but do not guarantee that all content is complete, current, or error-free.
22. Prohibited Uses
Users may not violate laws, infringe intellectual property rights, distribute malware, engage in harassment, scrape content, interfere with website operations, or misuse the services.
23. Disclaimer of Warranties
To the fullest extent permitted by law, all products, services, and website content are provided on an 'as is' and 'as available' basis without warranties of any kind.
24. Limitation of Liability
To the fullest extent permitted by law, Sleep of Mind Canada Inc., its directors, officers, employees, contractors, affiliates, suppliers, licensors, and representatives shall not be liable for indirect, incidental, consequential, punitive, or special damages. Aggregate liability shall not exceed the amount paid for the applicable product or service.
25. Indemnification
You agree to indemnify and hold harmless Sleep of Mind Canada Inc. from claims, losses, liabilities, costs, and expenses arising from your violation of these Terms or misuse of the website, products, or services.
26. Privacy
Our Privacy Policy governs the collection and use of personal information:
https://sleepofmind.com/pages/privacy-policy
27. International Sales
Customers outside Canada are responsible for compliance with local laws, import duties, taxes, customs fees, and restrictions applicable in their jurisdiction.
28. Consumer Protection Rights
Nothing in these Terms limits any non-waivable rights provided under applicable consumer protection laws, including laws applicable in Ontario and other jurisdictions.
29. Force Majeure
We shall not be liable for delays or failures caused by events beyond our reasonable control, including natural disasters, labor disputes, transportation interruptions, pandemics, government actions, internet failures, or supplier disruptions.
30. Termination
We may suspend or terminate access to the website, services, affiliate programs, or accounts if we reasonably believe a user has violated these Terms.
31. Governing Law and Dispute Resolution
These Terms are governed by the laws of Ontario and the federal laws of Canada applicable therein. Any dispute shall be brought exclusively before the courts located in Ontario, Canada.
32. Changes to Terms
We may modify these Terms at any time. Continued use of the website after changes are posted constitutes acceptance of the revised Terms.
33. Contact Information
Sleep of Mind Canada Inc.
customercare@sleepofmind.com
https://sleepofmind.com
