Terms and Services

General

You must read and agree to the below terms, effective the 28^th day of June, 2023.

By accessing or using any features of this website (the “Website”), including the purchase of products on the site located at www.bfomidwest.org (the “SIMPLY KIND store”) and operated and managed by BEREAVED FAMILIES OF ONTARIO – MIDWESTERN REGION. (“BFO-MR” “we” or “us”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of the SIMPLY KIND store (collectively, “Users”) are bound by these Terms of Service. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these Terms of Service carefully each time you use this Website.

These Terms of Service set out the legally binding terms with respect to your use of the SIMPLY KIND store. Please read these Terms of Service carefully. Your access to and use of the SIMPLY KIND store constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the SIMPLY KIND store.

Eligibility

The SIMPLY KIND store is not targeted towards, nor intended for use by, anyone under the age of 18. By using the  SIMPLY KIND store, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the SIMPLY KIND store. In the event we become aware you are under 18, we will terminate your registration.

Changes to the SIMPLY KIND store

You agree and understand that the SIMPLY KIND store, including any and all features available via the SIMPLY KIND store and any user content, may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, products, enhancements or modifications to the SIMPLY KIND store implemented after your initial access shall be subject to these Terms of Service.

Registration

In order to access the SIMPLY KIND store, you have the option to register. The email address you register with, (a valid email address you provide), shall become your username to SIMPLY KIND. You will be emailed a password that you can change, provided your new password meets the listed criteria. You agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

Security

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your login and password, whether or not you authorize such activities. You agree to (a) immediately notify us of any unauthorized use of your login or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Ownership

As between you and us, the SIMPLY KIND store, including all photographs, images, text, graphics, icons and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the SIMPLY KIND store, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours.

Placing an Order

At this time, BEREAVED FAMILIES OF ONTARIO – MIDWESTERN REGION ships merchandise only to locations within Canada and does not ship to international locations. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the selected shipping carrier.

You may purchase merchandise from the SIMPLY KIND store by using any one of the payment options listed in Payment Options on the store site. We reserve the right to change payment procedures, payment processor and gateway, and honoured methods of payment, at any time without prior notice to you.

BFO-MR reserves the right to charge sales tax for merchandise ordered through the SIMPLY KIND store based on the applicable provincial, federal or harmonized sales tax rate(s) determined by the location to which the order is being shipped.

Once your order is fulfilled, we cannot change or cancel. Return of merchandise is subject to our return policy below.

Return Policy

All sales are final. We only replace individual items if they are defective or damaged as the result of a manufacturing or fulfillment cause. Items damaged in transit are not eligible for replacement by BEREAVED FAMILIES OF ONTARIO – MIDWESTERN REGION and you should file a claim with the carrier, following their procedures generally located on their website.

Gift Cards are deemed as cash and will not be replaced or refunded under any circumstances. 

Do not ship back any product without a Return Merchandise Authorization (RMA) from our office. It will be refused and returned to the original sender.

In the event we deem a refund is applicable, solely at our discretion, that refund will be in the form of a credit to the original form of payment used on SIMPLY KIND. No cash refunds will be provided through the mail or in-person at our office. Shipping fees are not refundable and are a cost to the purchaser. There is absolutely no refund or replacement on gift cards.

Changes to Terms of Service

We reserve the right to make changes at any time to these Terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the SIMPLY KIND store after any modifications indicates your acceptance of the modified Terms of Service.

Confidential Arbitration

You agree that by entering into these Terms of Service, you and BFO-MR are each waiving the right to go to court to assert or defend your rights under these Terms of Service and the ability to participate in any related class action.

ALL DISPUTES BETWEEN YOU AND BEREAVED FAMILIES OF ONTARIO – MIDWESTERN REGION RELATING IN ANY WAY TO THE SIMPLY KIND STORE (INCLUDING, WITHOUT LIMITATION, ORDERS MADE FROM THIS WEBSITE, ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES SENT TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SIMPLY KIND STORE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE PROVINCE OF ONTARIO, CANADA, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.

Any User who intends to seek arbitration must first send to BFO-MR by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to: 65 Hanson Avenue, Kitchener ON N2C 2H6, Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.

These Terms and Conditions are written and governed by the laws of the Province of Ontario, Canada and shall apply to any contract or dispute unless specifically stated otherwise. By using this website and especially SIMPLY KIND, ALL parties agree to submit to the exclusive jurisdiction of the Ontario courts.

Limitation of Liability

BFO-MR is not responsible to you or any third-party for damages arising from any personal injury or product performance issues that arise as a result of improper or careless product use, the inability to use, ineptitude, any food or scent related product sensitivities and/or allergies. This includes but is not limited to, lost profits, lost savings, lost property, or other incidental, consequential or special damages, even if BFO-MR may have been advised of them beforehand. The maximum liability, IF ANY, is the face value of the product purchased in SIMPLY KIND in Canadian dollars.

Force Majeure

We shall not be liable for loss, damages or delays due to causes beyond our control or influence, including: acts of God, weather, fire, strikes, lockouts, labour disruptions, floods, epidemics, civil or military restriction, acts of war or terrorism, embargoes, wrecks, delays in transit, infrastructure, software or hardware failures or the inability to obtain necessary labour. If such force majeure occurs, then a period equal to the time lost will be added to all deadlines.

Severance

Should any provision of these terms be deemed unlawful, void, or unenforceable, then that provision shall be severed from this agreement and shall not affect the validity and enforceability of any remaining provisions.

The headings of this agreement are for convenience and reference only.