Terms of service
LITTLE LENDABLES INC. (“LITTLE LENDABLES”)
TERMS AND CONDITIONS
This agreement was last updated on September 30, 2024
The Gist
These Terms and Conditions (“Terms and Conditions”) describe Little Lendables’ rights and responsibilities to you, and your rights and responsibilities to Little Lendables with respect to Little Lendables' website, use of the services offered through Little Lendables' website and any social media accounts owned and operated by Little Lendables or affiliated with Little Lendables (collectively, “Little Lendables Social Media”), and any order that you place with Little Lendables. Please read these Terms and Conditions carefully and reach out to Little Lendables if you have any questions using the contact information below.
If you agree to these Terms and Conditions please electronically initial and sign these Terms and Conditions where prompted. If you don’t agree to these Terms and Conditions, you are not permitted to use Little Lendables' services or place any orders with Little Lendables.
TERMS OF SERVICE
These Terms and Conditions govern your access to and use of:
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The website, “https://littlelendables.com” and any other associated website or successor websites of Little Lendables and any of its affiliates (the “Website”);
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any products that you purchase, rent, or subscribe for, from Little Lendables (“Products);
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and the services that Little Lendables provides to you in any manner, whether it be directly from Little Lendables, through the Website or through any Little Lendables Social Media (“Services”).
By signing these Terms and Conditions and accessing or using any Product or Service, you agree to be legally bound by these Terms and Conditions and by any other operating rules, policies, or procedures that Little Lendables may publish on the Website from time to time (“Policies”).
If you use our Services or Products on behalf of another person or entity, you represent and warrant that you are authorized to accept the Terms and Conditions on that person’s or entity’s behalf, that by using our Services and Products you are accepting the Terms and Conditions on behalf of that person or entity, and that you are jointly and severally liable with that person or entity for fulfilling their obligations and responsibilities under the Terms and Conditions.
CHANGES
You agree that Little Lendables may change, update, or add to the Services, the Policies or these Terms and Conditions at any time (“Changes”). Changes to the Services and Policies will take effect and apply to you, after notice is sent to you at the email address set out in your Little Lendables customer account (“Account”). You agree to keep your email address up to date in your Account and to review any emails sent to you by Little Lendables upon receipt.
Notification of Changes to the Terms and Conditions will be posted on the Website with an effective date as indicated by the “Last updated” date above. Changes to the Terms and Conditions will take effect and apply to you thirty (30) calendar days after they are posted on the Website for existing users of the Services and/or Products, and immediately for any new users.
By continuing to use the Services following any Change you acknowledge and agree to be legally bound by the Change.
These Terms and Conditions may only be changed by Little Lendables in writing as set out in these Terms and Conditions.
Your Account
During use of the Website and upon checkout, you are provided with the option to create an Account. When creating your Account with Little Lendables, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about the Account, these Terms and Conditions and the Products and Services.
We may limit your access to our Products and Services until we are able to verify your account information, like your email address.
By creating an Account, you agree that Little Lendables may contact you to share details about its Products and Services. You may opt out of marketing communications, by emailing or texting Little Lendables.
You are solely responsible and liable for all activity relating to your Account and for maintaining the security of your Account (which includes keeping your password secure). Little Lendables is not liable for any acts or omissions in this respect by you, including any damages of any kind incurred as a result of your acts or omissions.
You agree to notify Little Lendables immediately of any unauthorized uses of your Account or of any breach of security that may impact Little Lendables. If Little Lendables believes your Account has been compromised, Little Lendables may suspend or disable it.
If you’d like to learn about how Little Lendables handles the data you provide it, please see Little Lendables' Privacy Policy.
Content Responsibility
You are solely responsible for the Content that you post on the Website, any Little Lendables Social Media or any other social media platform and Little Lendables reserves the right to remove any Content posted or linked by you or to block your access to the Website or Little Lendables Social Media if any of your Content violates Little Lendables' Policies and/or the supportive community that Little Lendables promotes. Little Lendables in its sole discretion may determine what it considers a Content violation, such violations may include, but are not limited to, Content that includes or promotes the following:
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Profanity, abuse, ill-mannered, racist, or hateful language;Discrimination on the basis of race, national origin, religion, gender identity, age, sexual orientation, or disability;
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Abuse, attacks, derogatory or offensive comments towards Little Lendables or any other user, or any behavior that violates the privacy rights of any third party or is unreasonably harmful or offensive to any individual or community;
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Threatening, false, misleading, disparaging, inflammatory, or defamatory Content;
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Misleading, fraudulent, exaggerated, false or unsubstantiated claims about Little Lendables, its Services or its Products;
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Repetitive messages or posts;
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Pornographic Content or other Content that is in poor taste;
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Anything that transmits viruses or other harmful, disruptive, or destructive files;
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Any Content that violates or encourages the violation of any municipal, provincial, federal, or international law, rule, regulation or ordinance; and
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Any other information or data that was unlawfully obtained.
For the purposes of these Terms and Conditions, “Content” means any text, graphic, image, music, software, audio, video, designs, interactive feature, work of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available on a website, online platform or social media site.
Fees, Payment, and Renewal
PAID SERVICES
Some of our Services and Products are offered for a fee, like our clothing rental bundles (collectively, “Paid Services”). This section applies to the purchase of Paid Services.
By ordering a Paid Service, you agree to pay the fee specified for that Paid Service on the Website (“Fee”). Depending on the Paid Service you order, the Fee may be a one-time fee, recurring fee, or revenue-based fee.
TAXES AND CURRENCY
Fees do not include applicable federal, provincial, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You are responsible for paying all applicable Taxes relating to your use of our Services, your Fees, or your purchases. All references to currency on our Website, Little Lendables Social Media or in these Terms and Conditions is in Canadian dollars ($CAD).
PAYMENT
You agree to provide accurate and up-to-date payment information at the time of ordering any Paid Service. By providing your payment information, you authorize Little Lendables to store it and use it to pay all Fees, until you request in writing that it be deleted.
If after using your payment information your payment fails, Little Lendables suspects fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of Fees for Paid Services), Little Lendables may immediately cancel or revoke your access to Paid Services without notice to you. You authorize Little Lendables to use any updated payment information provided by your bank or payment service provider (for example, a new expiration date) or other payment information provided to you, if payment is not first made through the primary payment information.
SUBSCRIPTION SERVICES
For recurring fee for Service (“Subscription”), you agree to pay your first Subscription Fee plus Taxes on the date you order the Paid Service. In this respect, you authorize Little Lendables to charge the payment method provided by you.
The first payment for your Subscription will reserve your spot for the next available Product delivery.
The next Fee will be paid one (1) month following the date on which the Product you ordered is delivered by Little Lendables. As long as the Product remains in your possession, you will continue to pay the Fee each month and Little Lendables will continue to bill or charge you each month until you cancel your Subscription, which you can do at any time in writing by providing notice to Little Lendables.
To pay the Fees and Taxes for your Subscription, you authorize Little Lendables to automatically charge the payment method provided by you for each month until the Subscription is cancelled by you or Little Lendables.
If for your first Subscription Fee you received a discount, used a coupon code, or received a free trial period, the Subscription Fee owing in the following months will be the full Subscription Fee amount.
You can view your renewal date(s), cancel, or manage Subscriptions in your Account or by contacting hello@littlelendables.com.
CHANGES
Little Lendables may change the Fees at any time in accordance with these Terms and Conditions and any requirements under applicable law. Little Lendables reserves the right to start charging a Fee for Services or Products that have been previously free at any time upon notice to you. If you don’t agree with any such Changes, you must cancel your Paid Service.
PAUSE OR CANCELLATION
If you wish to pause or cancel your Subscription Service, you must notify Little Lendables in writing of your intention to do so on or before 24 hours before the end (11:59am MST on the last day before automatic monthly renewal) of the monthly Subscription period and schedule a pickup date with Little Lendables to take place within one week of the pause or cancellation becoming effective. If the Subscription Service is not canceled or paused on or before the required date Little Lendables may charge you the Fee for the next month.
REFUNDS AND EXCHANGE
On or prior to the date on which the Product has been confirmed as “scheduled for delivery” (“Delivery Confirmation”), you may cancel the Service and receive a full refund of the applicable Fee. In the period between Delivery Confirmation and the actual delivery date, you may cancel the Service and receive a refund of the applicable Fee less a 20% restocking fee.
After the Product has been delivered, you may not cancel the Service and receive a refund. However, within 24 hours of receiving delivery of the Product you may contact Little Lendables to request a free exchange of Product, provided that the exchanged Product has not been used and remains in the same condition that it was delivered in.
Products purchased on the Website can be returned within 60 calendar days of the delivery date, for a full refund provided the purchased Product is received in the same condition that it was delivered in. You are responsible for return shipping costs.
LOST OR DAMAGED PRODUCT
If a Product is provided to you pursuant to a Subscription Service, you are required to return the Product to Little Lendables upon exchanging it for new Product or upon canceling or pausing the Service, unless specifically noted on the Product when you receive it.
You agree to pay a fee for the replacement of any Product that is not returned to Little Lendables at the time of pick-up for an exchange, cancellation or pause, and you agree that Little Lendables may charge your provided payment method for such fee.
You agree to pay a fee for the replacement of any Product that is returned to Little Lendables that is subject to damage or destruction that exceeds what Little Lendables defines as “Normal Wear and Tear”. Little Lendables may determine what it considers “Normal Wear and Tear” in its sole discretion, but for certainty, damage to or stains on clothing items that result from general play and life will be considered “Normal Wear and Tear”.
Delivery
Little Lendables is not responsible for any lost Product that is left at the requested delivery address and you agree that Little Lendables may charge replacement fees for any Product that is lost or stolen upon delivery.
Feedback
When you share comments, ideas, or feedback with Little Lendables, on the Website or on Little Lendables Social Media, you agree that Little Lendables may use such Content without restriction or any compensation to you.
General Representation and Warranty
You represent and warrant that your use of Little Lendables' Services and Products:
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Will be in strict accordance with these Terms and Conditions and Little Lendables' Policies;
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Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from Canada or the country that you reside in, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising); and
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Will not involve renting, leasing, loaning, selling, or reselling the Services or Products.
Intellectual Property
The Agreement doesn’t transfer any Little Lendables or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Little Lendables and you) solely with Little Lendables. Little Lendables, Little Lendables Baby Apparel, Little Lendables Clothing Rentals, and all other trademarks, service marks, graphics, and logos used in connection with the Website, Services or Products are trademarks or registered trademarks of Little Lendables. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using the Services or Products does not grant you any right or license to reproduce or otherwise use any Little Lendables or third-party trademarks.
Termination
Little Lendables may terminate your access to all or any part of the Website, Services or Products at any time, effective immediately, if Little Lendables believes in its sole discretion that you have breached these Terms and Conditions in any way or breached a Little Lendables Policy.
Little Lendables may terminate a Service or the delivery of any Product at any time, by providing five calendar days’ notice to you for any reason in its sole discretion.
Upon termination of any Service or Product delivery for any reason, you agree to pay any Fees owing for Services or Products that have been delivered prior to the termination date.
Upon any termination under this section for any reason, Little Lendables will be discharged from and have no further obligations to you whether under these Terms and Conditions or otherwise, including any obligation to provide a refund for Fees previously paid by you to Little Lendables.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal sections of these Terms and Conditions.
Disclaimer
Except as expressly set out in these Terms and Conditions or on the Website, Little Lendables makes no representation or warranty, either express or implied, as to the fitness, design, condition or merchantability of the Services or Products, or their fitness for any particular purpose.
Limitation of Liability, Release and Indemnity
In no event will Little Lendables, its contractors, licensors, partners, or their respective directors, officers, employees, and agents be liable (including for any third-party products or services purchased or used through our Website or Services) with respect to any subject matter of these Terms and Conditions, under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement of substitute products or services;
(iii) the interruption of Services, delay in providing Services or Products, or failure to provide Services or Products; or
(iv) any amount that exceeds $50 or the total amount of Fees paid by you to Little Lendables during the twelve (12) month period prior to the cause of action, whichever is greater.
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You release, indemnify and forever discharge Little Lendables from all manners of action, causes of action, claims or demands whatsoever arising from or in respect of your use of the Services, use of the Products or the use of the Services or Products by any third party, including any child or children under your care. In particular, Little Lendables will not be liable or responsible for any bodily or personal injury or property damage of any nature whatsoever that may be suffered or sustained you or any third party who obtains the Products or Services from you or anyone living in your household, that are directly or indirectly caused by Little Lendables' performance of the Services, the Product or its failure to perform the Services, except to the extent that such injury or damage is caused by the gross negligence or willful misconduct of Little Lendables.
You agree to indemnify and hold harmless Little Lendables, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including legal fees, arising out of or related to your use of our Products and Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Products or any Content that you distribute or post.
Miscellaneous
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the Province of Alberta. Nothing in this Agreement affects your rights as a consumer to rely on mandatory law in your province or country of residence.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Little Lendables and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement.
A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Little Lendables may assign its rights under the Agreement at any time. You may only assign your rights under the Agreement with Little Lendables' prior written consent.
Any headings, subheadings, and any typography emphasis is utilized for convenience of reference only and does not define, limit, or affect the meaning or interpretation of this Agreement.
By signing these Terms and Conditions you agree that you are at least the age of majority in the province or territory in which you live and that you are capable of entering int a legally binding agreement. You also agree that you have a residential or other address in Canada and have no history of being suspended or removed from Little Lendables' user system and have not previously had Services discontinued as a result of your breach of Little Lendables' Terms and Conditions.
You acknowledge and agree that you understand you may seek your own independent legal advice prior to signing these Terms and Conditions.
CONTACT INFORMATION
Little Lendables Inc
72 Lambert Crescent
St. Albert, AB T8N 1M4
(587) 805-0030
hello@littlelendables.com