These Terms of Use apply to all users of the website (our Website). This Website is operated by Little Beings Pty Ltd, ABN: 1513 7054 641, trading as Love To Dream.
By using this Website, you accept and agree to these Terms of Use. Please read them carefully as they provide the legally binding terms by which you agree to use the Website, including purchasing goods.
These Terms of Use also incorporate, and you are also hereby agreeing to, our Privacy Policy, Return Policy, Disclaimer, Cookie Policy and Intellectual Property Statement. Links to these documents can be found at the bottom of this webpage.
We may from time to time, change or add content to this website (including these Terms of Use) without notice. At all times, we will try to ensure that the images on our Website are as accurate and as close to the actual product as possible. It is essential that you use the actual written descriptions of each product when deciding to purchase a product from Love To Dream®. Further, the information we provide is not medical, health or parenting advice and you may not rely on it on that basis. All information and services are provided on the basis that you undertake the responsibility for using the same at your own risk and the individuals you are purchasing for.
Ownership and intellectual property
The Website and all content (photos, illustrations, videos, product descriptions and information) on the Website are owned or licensed by Love To Dream®. All right, title, and interest in and to the content available via the Website, in the products displayed on the Website, and Website itself (including the selection, compilation, arrangement and layout of the content) are the property of Love To Dream® and protected by copyright, trade mark, patent, design, trade secrets and/or other intellectual property rights and laws to the fullest extent possible. Click here for more information.
Subject to your strict compliance with these Terms of Use, you are permitted to use the Website and its content for your personal use only. No copying, communicating or other distribution of the content (or any part thereof – including any product descriptions or photos) is permitted without our express permission in writing. Nothing in these Terms of Use gives you any ownership of, or any other intellectual property interest in, any content. Permission to use or access the Website may be immediately suspended or terminated without advance notice or liability to you, in the event you are in breach of these Terms of Use.
In using the Website, you must respect the intellectual property and other rights of Love To Dream®. Your unauthorized use, reproduction, communication or other distribution of any content (including our brand photography and videos) may breach intellectual property, privacy or other laws, and any such use may result in your personal liability, including potential criminal liability.
You agree that in using the Website you will not:
1. monitor, gather, copy, or distribute any content (except as may be a result of standard search engine activity or use of a standard browser) on the Website or by using any robot, rover, “bot”, spider, scraper, crawler, spyware, extraction tool, or any automatic or manual process;
2. use any content in a manner that suggests an association with us or any of our products, services, or brands;
3. you will not make any modifications to any content on the Website;
4. you will not copy, modify, reproduce, archive, communicate or otherwise distribute, create derivative works from, publish, or otherwise use or exploit our content (in whole or in part) in any way for any purpose except as specifically permitted by these Terms of Use or with our prior written consent; and
5. you will not insert any code or product to manipulate our Website, including that in any way adversely affects any user experience or breaches any privacy laws.
We may immediately suspend or terminate the availability of the Website and its content (and any part thereof) in our sole discretion, without advance notice or liability.
These Terms of Use include only narrow, limited grants of rights for you to use and access the Website and its contents. No other right or licence may be construed, and all rights in the Website and contents are reserved by Love To Dream® and other third parties. Any unauthorized use of the Website, and any content (or part thereof) for any purpose is prohibited.
Suggestions, Comments and Feedback
In the event you provide any suggestion, comment or feedback to Love To Dream® about the Website or any Love To Dream® products, whether by or through the Website or otherwise, you agree to grant, and you will be thereby granting, to Love To Dream® a world-wide, transferable, sub-licensable, perpetual, royalty-free, non-exclusive and irrevocable license to use and to otherwise exploit that suggestion, comment or feedback in any manner that Love To Dream® may wish, including to improve the products that it sells. You hereby agree and acknowledge that you will not receive any recognition or compensation in connection with the same.
Terms of Sale
To purchase any products from our Website, you must be at least eighteen (18) years of age and provide us with a valid credit card number and associated payment information. See our Payment section below for more information. You also agree to provide accurate and complete information as requested.
By submitting payment information, you hereby authorize us and/or our third party credit card processor to charge your card for the relevant purchase. You agree to pay the price applicable (including any applicable taxes and delivery charges) as displayed on the Website at the time you submit the order. Please note that we do not provide price protection or refunds in the event of a later price drop or promotional offering.
By purchasing from our Website, you accept these Terms of Use, as well as our Return Policy, Privacy Policy and Disclaimer. Links to these documents can be found at the bottom of this webpage.
Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. You agree not to use any credit card or other form of payment unless you have all necessary legal authorization to do so, and you agree to indemnify Love To Dream® against any claims, losses or expenses incurred from your unauthorized use of any card.
Pricing
All prices on the www.lovetodream.com/ca-en website are listed in Canadian Dollars (CAD). The prices indicated exclude tax, freight and handling.
Prices are subject to change without notice. Love To Dream® will at all times use our reasonably diligent efforts to ensure that the prices on this Website are accurate at any point in time. The prices displayed on this Website are only current at that particular point in time & we reserve the right to change our prices at any time without prior notice. When price changes occur, they will be automatically updated on our Website. We reserve the right to cancel any order where incorrect pricing has inadvertently been posted to the Website.
In addition to the purchase price, all delivery charges, sales tax, GST, extra packaging charges and Government taxes, if any, shall be payable by the customer.
Freight & Shipping Policies & Costs
Please refer to our 'Delivery' page or click here to go directly to the page.
Attempted Delivery
Our carriers may leave a calling card in your letterbox should a delivery be attempted and no-one is available to sign for the package. In that case, you will be responsible for picking up the order from the carrier.
Incorrect Goods Supplied
If Love To Dream® supplies you with an incorrect product, we will remedy the situation by replacing it with the correct item, once the incorrect product has been returned to Love To Dream® unused, in its original packaging and in salable condition. Love To Dream® will be responsible for the freight charges involved.
Use of Goods
It is essential that all products purchased from Love To Dream® are only used in the manner for which they are intended to be used. Please carefully read the directions on the packaging in which the goods are supplied. Products purchased from Love To Dream® may not be modified in any way whatsoever from the condition they were supplied in. Your warranty will be deemed void immediately if this occurs.
Payment
We accept payment via American Express, Visa, MasterCard, and Discover. All credit/debit card payments are secured and supplied to Love To Dream® by a Third Party - Adyen). No credit card information is stored by/on our Website.
Privacy
Love To Dream® values the strong relationships we have with our customers. The data we collect is handled sensitively, and securely – in line with our Privacy Policy
User-generated content
Our Website and affiliated social media accounts may allow users to post content (user-generated content or UGC) for use in connection with Love To Dream® products or Love To Dream® generally, e.g. a review, photo or comment, and to share your UGC with other users. We may use a third-party service provider (e.g. TrustSpot) to publish and manage UGC.
By submitting UGC to our Website or affiliated social media pages, you:
1. automatically grant us an irrevocable, perpetual, transferable, royalty-free worldwide licence (by ourselves or with others) to:
o use, copy, communicate or otherwise distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise, incorporate into other works your UGC, or any works derived from your UGC;
o in any form of media or expression; and
o to sub-licence or permit others to do so or to do it on our behalf;
2. agree you will not upload or contribute any UGC that you did not create (and own the intellectual property rights) and/or that you do not have permission to upload. This includes, for example, photos of other people’s children – whether or not you took the photos.
3. agree to indemnify us in the event that the UGC you have posted infringes any third-party intellectual property laws or other third-party rights;
4. agree that Love To Dream® reserves the right:
o not to publish your UGC (in whole or in part); and/or
o to take down, delete, or remove any UGC that we deem to be unlawful, obscene, defamatory, infringing on any third party rights, derogatory, offensive, inaccurate, inappropriate or otherwise unacceptable (and, where relevant, to report such conduct to a law enforcement agency);
5. agree to accept the terms of our Privacy Policy, which can be found [here] regarding the collection, use and processing of your personal information; and
6. agree to comply with the terms of use and privacy policy of any third-party user-generated content marketing platform service provider that we use to publish (and manage) UGC on the Website or social media accounts, e.g. TrustSpot.
Your Conduct
You may not upload, share or provide any documents, information, content or other material which:
1. is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distributes any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
2. violates, in any way, any federal, provincial or local law;
3. creates liability or potentially creates a liability to Love To Dream® or its service providers; or
4. damages or potentially damages Love To Dream® or its computer systems or damages or potentially damages its service providers or their computer systems.
You agree to not:
1. attempt to circumvent or bypass any security measures used in connection with the Website;
2. cause any unreasonable burden or load on the Website or its computer systems; or
3. promote, suggest or encourage, in any manner, any of the foregoing.
Disclaimer / limitation of liability Without prejudice to any other rights Love To Dream® may have, the purchaser shall indemnify Love To Dream® for any injury, disability, death, loss, damage or expense incurred should the purchaser cancel any order or breach any term hereof. The purchaser of any of our products also agrees to indemnify Love To Dream® for any injury, disability, death, loss, damage or expense that may arise in connection with the purchaser or anyone else using the Love To Dream® product or using any information or advice provided by Love To Dream®. You are required to consult with a qualified medical advisor on all safety matters, including with respect to the use of any of our products.
By clicking into this or any page on this website you agree to our Disclaimer and these Terms of Use. If you have any further questions please click here or email us at customercare.ca@lovetodream.com
Further, Love To Dream® will not be liable for any loss or damages of any kind, or for any indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
1. the Website (including the content or any product information);
2. your use of or inability to use the Website, or the performance of the Website;
3. any action taken in connection with an investigation by us or law enforcement authorities regarding your access to or use of the Website;
4. any action taken in connection with patent, trade mark, copyright or other intellectual property rights owners;
5. any errors or omissions in the Website’s technical operation; or
6. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if we were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based on contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Website).
To the fullest extent permitted by applicable law, in no event will our total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the Website and your rights under these terms, exceed an amount equal to the amount you have paid in connection with the transaction(s) that underlie the claim(s) or $10.00, whichever is higher.
Limited Liability - Product
UNDER NO CIRCUMSTANCES SHALL Love To Dream® BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES INCURRED OR SUFFERED BY YOU OR ANYONE WHICH MAY ARISE OUT OF ANY DEFECTS OR ERRORS IN OR IN CONNECTION WITH ANY USE OF ANY PRODUCT PURCHASED BY YOU THROUGH THE WEBSITE, WHETHER OR NOT Love To Dream® WAS TOLD OF THE POSSIBILITY OF SAME.
IN ALL CIRCUMSTANCES, Love To Dream® TOTAL MAXIMUM LIABILITY IN CONNECTION WITH ANY DEFECT OR ERROR IN ANY PRODUCT OR IN CONNECTION WITH ANY USE OF ANY PRODUCT PURCHASED BY YOU THROUGH THE WEBSITE, ARISING IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE TOTAL OF THE MONIES PAID BY YOU TO Love To Dream® FOR THE RELEVANT PRODUCT.
No Waiver
Love To Dream's failure to insist upon or enforce strict compliance with any provision of these Terms of Use shall not be construed as a waiver of any provision or right of the same or different type in the future.
Entire Terms
The terms and conditions set out in these Terms of Use constitute the entire terms and conditions with respect to the use of the Website, the purchase of any product or service through the Website and the relationship between the parties for the purposes of the same. No representative of Love To Dream® is authorized to amend the terms of these Terms of Use other than as specifically provided for herein.
Severability
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be severed from these Terms of Use and the remaining provisions shall remain in full force and effect.
Termination
The terms and conditions set out in these Terms of Use will not expire or terminate for any reason except with the agreement of both parties.
Governing Law
These Terms of Use, your use of the Website, your purchase of any products or services through the Website and the resolution of any dispute arising between the parties in connection with any of the foregoing shall be governed and construed in accordance with the laws of the Province of Ontario and those of Canada applicable therein, without reference to their conflict of laws. You agree that any legal action or proceeding between you and Love To Dream® which in any way concerns any of the foregoing shall be brought exclusively in the courts of Ontario. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive relief.