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TERMS OF USE OF MOMS PAYING MOMS

TERMS OF USE OF MOMS PAYING MOMS

Please read the following terms of use carefully (hereinafter “Terms of Use”) of Moms paying moms, sole proprietorship whose registered office is located at 61 rue de Belfort, in the city of Lorraine (J6Z2T4), province of Quebec, in Canada (hereinafter “MPM”).

MPM operates this website (hereinafter the “Platform”) that offers an open platform (hereinafter “Services”) for mothers to buy, sell, and share their original content for motherhood (hereinafter “Resources”) including electronically delivered files, digital products, streaming video, physical or used goods, and other product types. By deciding to use the Platform and MPM’s Services, the user, that is to say the end user or the organisation you represent or you work for (hereinafter the “User” or the “Users”) accepts without delay all the Terms of Use indicated below that govern the content and the running of the Platform, including the “Privacy Policy” (following this document) of MPM. The “Users” include the users that are visiting the Platform, users that are buying from the Platform (hereinafter the “Buyer” or the “Buyers”) and the users that are selling their goods and services through this platform the “Seller” or the “Sellers”).

MPM at no time owns or sells Resources for or on behalf of the Sellers.

The terms “you” and “your” refer to the User using the Services.

These Terms of Use have the effect of legally binding the User and MPM (hereinafter the “Parties”). The Parties are entitled to invoke this convention and to take all appropriate and necessary measures to enforce it.

The User accepts and recognizes that MPM has the right, at any moment and without previous notice, to modify, change or update the Terms of Use.

The use of the Platform by the User after such a modification means that the User consents to respect the Terms of Use as modified and to be legally bound by them. MPM will attempt, as far as possible, to inform the Users of any changes to these Terms of Use. However, it is the User’s responsibility to review them regularly to be informed of any changes that may be made.

If the User does not accept these Terms of Use, or as the case may be, the Terms of Use as modified from time to time, he must stop using the Platform.

A – ACCESS AND USE OF THE PLATFORM

If the User browses the Platform, it means that he has read, understood and accepted the Terms of Use.

The Platform is accessible from any computer tool (computer, smartphone, tablet, etc.) and on all browsers.

For optimal use, we recommend the use of the following browsers: Chrome

B – THE SERVICE

The Platform is accessible at all times. The Platform may be temporarily unavailable in case of updates or technical problems. MPM is not responsible for any interruption of service or updating. MPM will try to make the updates when the affluence of visits on the Platform is at its lowest.

MPM does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

MPM reserves the right to add, delete and modify all content, or parts of it, on the Platform, except for the specific content of the User. MPM cannot be held responsible for mistakes, typographical errors or bugs. Each User created in the system owns the content on his account. MPM does not delete anything unless a User requests it.

The User agrees, non-restrictively, to not:

  1. Use the Platform in a way that could harm, put out of service, surcharge or jeopardize the Platform;
  • Disrupt the security or otherwise abuse the Platform or any service, system’s resources, server or network linked to the Platform or to websites affiliated, linked to or accessible from the Platform;
  • Disturb or disrupt the use or the enjoyment by other Users of the Platform or websites affiliated or linked to the Platform;
  • Upload, display or otherwise provide on the Platform a virus or any other file or computer program that is harmful, disrupting or destructive;
  • Use a robot, spider or any other automatic device or manual method to control or copy pages or content of the Platform;
  • Use the Platform to send e-mail chains, “junk mail” or any other type of unsolicited mass e-mail;
  • Attempt to obtain unauthorized access to the Platform or to certain parts of the Platform with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. The User agrees to respect the legislation applicable to its use of and its activities on the Platform;

C – MEMBERSHIPS

To have access to some of the Services, the User will be required to become a member by creating an account (hereinafter “Member” or “Members”). Only individuals who have reached the age of majority in their country are eligible to become Members. By registering for an account or using the Services, you represent and warrant that you have at least the age of majority in your country.

When you create an account, the information you provide needs to be true and accurate. Do not provide fake or false information, do not provide information that violates someone else’s rights, and do not impersonate someone else.

MPM may ask for proof of your age or identity at any time in order to verify your account and MPM may close or suspend access to your account if you violate this rule or if we are unable to verify your age or identity.

MPM may, at their discretion, make changes to the memberships, the privileges and features available to each membership. In advance of any fee increase, or changes of rights, MPM will notify, according to the legal delays, all affected Users at the email address associated with the account in accordance with these Terms.

Services for Buyers

A User can join MPM as a Buyer to use MPM’s Services for purchasing and downloading Resources (hereinafter “Buyer Membership”). A Buyer’s account is owned by the individual whose name and email address are listed on the account profile. A Buyer, is able to make purchases, download free and purchased Resources, post feedback, questions, comments, requests, or other public messages (hereinafter “Communications”), submit requests for custom products, connect with other Users or an organization, and enjoy other features and services we may offer.

A Buyer Membership is free. Buyer may, at any time, and after paying any applicable fees mentioned in the General Conditions of Sale specific to the services of the Platform “Moms Paying Moms” (hereinafter “Platform General Conditions of Sale”), upgrade to a Seller Membership (defined below).

Services for Sellers

A User can enjoy additional capabilities that allows him to offer and sell Resources through the Services as a Seller (hereinafter “Seller Membership” or “Seller Memberships”). Sellers include individuals offering their own-authored works (hereinafter “Professional-Authors”) physical goods, and organizations or entities offering materials produced by one or more employees or commissioned authors (hereinafter “Publishers”). MPM reserves the right to modify the Seller Membership type at any time at its discretion.

Seller Memberships have all the same features of Buyer Memberships plus the ability to upload and sell Resources, access sales data, purchase promotional space, access marketing features and tools, and access additional information and communication features. The fees and the earnings may vary depending on the Seller’s chosen Seller Membership level as described in Section H.

By purchasing a Seller Membership, the Seller must respect the Platform General Conditions of Sale[PL1] .

Services for organizations

Users such as businesses or other entities using the Services (hereinafter “Organization Membership”) to purchase and download Resources are bound by the provisions of these Terms. Users who link their Account to an Organization must comply with these Terms of Use.

If you’re a school, organization, government, business, or other entity, the person whose email address is associated with the account must have authority to bind the entity to these Terms.

D – USERNAME AND PASSWORD

A Member must pick a username for their account. A username has to be unique and cannot be inappropriate, offensive, or something that violates the rights of someone else.

A Member must pick a password to protect his account. Together this information is used to access his account. It is your responsibility to keep your login information confidential and you are responsible for all activity that happens under your account whether or not you authorized it. If you believe that your account has been accessed by an unauthorized person, please contact our customer experience team as quickly as possible at info@momspayingmoms.com so we can help.

E – ACCOUNT SUSPENSION, ACCESS LIMITATION, CANCELLATION

Cancellation by MPM

We may, in our discretion, close or suspend the account of any Member at any time for any reason, with or without notice.

In the event of a serious breach of this Agreement, or if MPM has reason to believe that your actions are necessary to protect the safety and integrity of MPM, the User, its other users or third parties, for fraud prevention or investigation purposes, MPM may make the decision to:

  1. Restrict access to and use of the Website to the offending User;
  2. Suspend the account of the offending User, temporarily or permanently, depending on the seriousness of the acts observed.

If the User’s account is inactive for thirty (30) days, MPM may, at its own discretion close it.

Cancellation by the Member

You have the right to close your MPM account at any time, without notice to us. You can close your account by contacting info@momspayingmoms.com for assistance. The subject’s email needs to be “DELETE ACCOUNT”.

Consequences

After your account is closed, you will no longer have access to your account information, past purchases, uploaded Resources, and many of the features of our Services that require an account. If you close your account on your own, you can reopen your account anytime by logging in again. If you would like for MPM to close your account so that it cannot be reopened upon login, please contact info@momspayingmoms.com.

Communications you have posted on the Platform will not be removed if your account is closed. You may be able to remove or edit some Communications at your discretion before you close your account. For more information about your account information and our data retention practices, look at our Privacy Policy below.

If you are a Seller, any Resources you have posted will no longer be searchable and your Resource pages will not be available to Users, however your paid Resources remain accessible to the accounts of Members who have previously purchased them.

Cancellation of Services

MPM may change, suspend, or discontinue offering Services at any time. Those changes will be noticed to the User respecting the legal delays. Any suspension or discontinuation in the Services may mean that that your account, including any Resources or other materials you may have purchased from our Services, and any Resources or Communications (hereinafter collectively “Content”) you may have uploaded to our Services, may not be available to you or to other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any Resources that you have purchased, or loss of income from your temporary or permanent inability to sell Resources through our Services.

E – INTELLECTUAL PROPERTY

All intellectual property rights (trademarks, copyrights, etc.) (hereinafter the “Intellectual Property” related to the Platform are the exclusive property of MPM. The User may not copy or use the material, structure, menu, appearance or characters that appear on the Platform without the express consent of MPM.

Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other content displayed on the Platform may, among other things, be trademarks or commercial designations, whether registered or unregistered (for the purpose of the following Terms of Use, they are all referred to as “Trademarks”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, the exclusive property of MPM.

Without limiting their coverage, the Intellectual Property elements belonging to MPM, non-exhaustively, the following elements:

  • All logos, drawings, graphs, marks (registered or not), symbols, texts, expressions, words as well as the general content on the Platform;
  • All softwares, APIs and materials made available by the Platform;
  • All databases made available by the Platform; and
  • All the content offered by the Platform for free download.

Any information provided on the Platform belongs to MPM and is protected by the applicable laws. Except when provided otherwise, the information cannot be copied, displayed, distributed, downloaded, used without a license, modified, published, reproduced, reused, sold, transmitted or used for derivative work means, public or commercial, without MPM’s express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Platform.

The User can use the information on the Platform exclusively for his own personal and non-commercial use, provided that he indicates on the copies the mentions regarding copyrights as well as the notices and attributions of the respective trademarks. The Terms of Use allow the User to have restricted authorization regarding its consultation, the display on his computer, the download and printing of text or pictures, as well as the content for motherhood and child, presented on the Platform. This authorization is strictly for non-commercial, personal and educational uses, provided that the Platform’s content is not modified. This authorization belongs only to the User and cannot be attributed or transferred to anyone else neither can it be subject to a sublicense.

The pictures and the text, as well as the content for motherhood, contained on the Platform that are downloaded, copied, saved or printed are still subject to the Terms of Use. The User himself needs to assure itself that all the notices regarding copyrights and trademarks are still on them. The Platform’s content can be modified at all times without warning.

For further information regarding the authorization to use, reproduce or publish again any information displayed on the Platform, please contact MPM at the following e-mail address: info@momspayingmoms.com.

Nothing contained herein shall be interpreted as conferring any license or any kind of right to the User under copyright or trademarks laws.

Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Platform can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.

Users can not post resources for which they do not have the copyright. Such breach can expose the User to a lawsuit and to account cancellation by MPM.

The import, creation, submission or storage of content by the User grants MPM a non-exclusive license worldwide, free of charge, transferable, and sub-licensable. This license authorizes MPM to host, use, modify, reproduce, publish, publicly perform, create derivative works, or distribute the User’s content. Under this license, MPM may only use the User’s content for the purpose of operating, promoting or improving the Services. If the User wishes to terminate this license, he simply has to delete his account. However, the content the User has shared will always be visible to other users: he can request its removal, with some reservations, from the contact person, who he can contact at: info@momspayingmoms.com.

F – EXTERNAL LINKS AND SELLER’ CONTENT

It is possible that by using a link, the User exits the Platform to access external content (hereinafter referred to as “External Links”). In addition to its own content, MPM provides on its Platform links to other websites only for user-friendly and informative purposes. MPM has no control over the content of those websites or of the Seller’s content and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality or adequacy. MPM is also not responsible for any direct or indirect damage or consequence regarding content in these External Links and in the Seller’s content. MPM has no influence on the content to which the External Links refer to and is not responsible for it. MPM does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted. Furthermore, under links’ creation and consultation method in effect, MPM does not subject the External Links or Seller’s content to any intermediary short-term automatic safeguard. Consequently, the owners of the websites accessible from the External Links and the owners, the Sellers of the products and services on the Platform, remain responsible for their content.

Furthermore, MPM does not guarantee the absence of copyright, trademark or any other rights violations by those websites and those Seller or their content. MPM does not guarantee the absence of virus or any other harmful composites on those websites or on their content.

MPM also does not guarantee the accuracy of documents available on the Internet.

G – SELLERS AND BUYERS’ OBLIGATIONS

The Seller needs to have his own general conditions of sales (hereinafter “Seller General Condition of Sale”) for his Resources and they must be presented in a comprehensible manner to the Buyer. The Seller should clarify to the Buyer in his Seller General Condition of Sale that digital and virtual Resources are not refundable. MPM is not liable for the Seller General Condition of Sale. Except as otherwise provided by law in certain situations, MPM is not responsible for any refunds or returns offered by the Seller in his Seller General Condition of Sale.

To obtain assistance from MPM in the event of a problem with the delivery, the Seller must have a Resource in dispute sold with the delivery tracking. In any other issue regarding a Resource, the Seller will need to clarify it with the Buyer through his Seller General Condition of Sale.[PL2] 

MPM is a marketplace for motherhood resources.

As a Seller, you need to comply to the following rules (hereinafter “Community Guidelines”). MPM may modify or add to these rules at its discretion. If the Community Guidelines are not respected, the Seller’s account can be suspended or cancelled, Resources can be removed from the Seller’s Buyer account or any additional action necessary.

Acceptable Resources

  • activities
  • lesson plans
  • task cards
  • printables
  • interactive notebooks
  • original books and poems
  • classroom decor and organizational materials
  • worksheets
  • planners
  • accessories
  • keepsakes
  • plush & toys
  • decorative items
  • mom mugs
  • mom tees
  • scrunchies
  • keychains
  • wraps and scarves
  • educational audio or musical resources
  • instructional videos for moms and children
  • products that aid in the creation of motherhood resources

This list is not exhaustive and MPM aim to be as inclusive as possible.

This list excludes any food.

Inacceptable behavior

  • Infringing Resources – Do not post resources for which you do not have the intellectual property

If we receive notice that a Seller has violated this rule by posting a resource that infringes on someone else’s intellectual property rights, we remove that resource from the Platform and that Seller risks having their account closed.

  • Inappropriate Content – Respectful
  • Duplicate Resources – Each Resource can be listed only once on the Platform.
  • Resources requiring additional steps to gain access – All digital Resources should be accessible and downloadable directly from MPM unless the file exceeds our 200MB file limit. In that case, the downloadable Resource may include a link to a third-party hosting site. Buyers should not be required to give their email addresses or other personal information in order to gain access to digital purchases.
  • Sales channel – Do not post Resources that link to other online retailers or e-commerce sites.
  • Resources for an inconsistent price – Sellers are welcomed to offer their work in other online retail outlets and marketplaces, but it’s important that your MPM Buyers are not being charged a higher price or being charged for something that you’ve posted for free somewhere else.

Taxes on Resources

MPM enables Seller to collect sales tax on applicable orders in provinces or state where they have designated an obligation.

MPM is not responsible for the information provided by the Seller and does not guarantee the accuracy of sales tax calculations.

Shipping

The Seller is responsible for the shipping fees.

The Seller must configure his account to set their Resource sales page according to where delivery to Buyer is possible.

Other fees

Sellers are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using our Services.

Buyers’ obligations

In addition to what has been mentioned above, it is the responsibility of the buyer to read the Seller General Condition of Sale and by proceeding with an order to buy Resources, the Buyer declares having read and understood the Seller General Condition of Sale from the Seller providing the Resource and that the entirety of the document does not contain any illegible or incomprehensible clause, and the Buyer accepts the entirety of the document without any reservation.

If the Buyer has an issue with a Resource provided by a Seller, the Buyer needs to settle his complaint with the Seller. [PL3] 

H – FEES, EARNINGS AND PAYOUTS

Seller Membership’s fees include the following fees (hereinafter collectively “Fees”):

  • Membership fees charged each year;
  • Fees charged per Resource sold (hereinafter “Transaction Fees”).
  • Service fees regarding the partners of the Platform (hereinafter “Service Fees”)

Depending on the situation, the Seller earns a percentage for each Resource he sells through the Platform (hereinafter “Market Payout Rate”).

The Market Payout Rate varies regarding the Seller Membership chosen:

a)Option 1: if the Seller chooses the free subscription to the Seller Membership, MPM will receive twenty percent (20%) from the sale of your Resources.

b)Option 2: if the Seller chooses to pay fifty American dollars (50 USD) for the subscription to the Seller Membership, MPM will receive five percent (5%) from the sale of your Resources.

The applicable Transaction fee is applied only to the sale price of each Resource at the time sold, before any Service Fees or shipping Charges are applied.

MPM may, at their discretion, make changes to the Seller Memberships, the privileges and features available to each Membership, as well as the Fees and Marketplace Payout Rates associated with each Membership at any time.

In advance of any Fee increase or change in Marketplace Payout Rates, MPM will notify all affected Seller at the email address associated with the account in accordance with these Terms. Changes in Marketplace Payout Rates will be applied to all affected Seller of the stated effective date of the change, irrespective of any individual Seller’s Membership Fee renewal date. Any increase in Membership Fees will be applied only to renewals taking place after the change goes into effect.

Payouts

By using the Services and to fully benefit from them, the Seller agrees to create their own Paypal account to receive the earnings generated by the use of the Services (hereinafter “Earnings”).

When a transaction takes place, Paypal or Stripe is responsible for dividing the revenues according to the terms mentioned in Section H of this Agreement, in Section 3 in the Platform’s General Condition and the Terms of Services of weDevs Pte.Ltd. The Buyer will receive the earnings directly on their Paypal Account or Stripe Account. According to the type of payment, Paypal’s terms and Stripe’s terms are applicable regarding the payouts. Both platforms use “weDevs Plugin” to split the revenues between the Seller and MPM and they must refer to the Terms of Services of weDevs Pte.Ltd. MPM can not be liable for this split.

I – TRANSACTIONS

 By a Buyer

For any transaction by a Buyer that takes place on the Platform, the Buyer must refer to Paypal’s General Conditions of Sale or Stripe’s General Conditions of Sales and to the Seller General Conditions of Sale.

By a Seller

For any transaction by a Seller that takes place on the Platform, the Seller must refer to Paypal’s General Conditions of Sale or Stripe’s General Conditions of Sales and to the Platform General Conditions of Sale.

J – USER’S OBLIGATIONS

Users may have the option to provide a review of a Resource they have purchased or downloaded free by providing a rating and a comment (hereinafter “Feedback”). Any Feedback Users choose to leave should reflect their honest experience using the Resource for its intended purpose and must comply with our comments and ratings guidelines. MPM may, at any time, set additional requirements or limitations for leaving Feedback such as minimum or maximum characters, time-based restrictions, or other requirements. Sellers may not leave feedback on their own Resources or otherwise attempt to undermine the integrity of our Feedback system. MPM may remove Feedback for any reason, at any time, without notice and MPM may ban a User from leaving future Feedback.

K – SOCIAL MEDIA

The following conditions are applicable when the User accesses a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as “Social Media”).

General statement

By using Social Media pages and by submitting a comment, a picture, a video or any other element, the User (as well as his parent/legal guardian if he has not reached the age of majority according to his territory or province of residence) agrees to be bound by and to obey the present Terms of Use, MPM’s privacy policy as well as Social Media providers’ terms and conditions, if any. The User agrees, however, that MPM may copy, edit, publish, translate and distribute the User’s commentaries, photos, videos or any other element published on a Social Media, and this without any counterpart.

Terms of use of Social Media

Some comments and other elements displayed on Social Media pages may not represent MPM’s opinions. Consequently, the User agrees not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social Media pages:

  • Any content whose nature is defamatory, offensive, obscene, misleading, illegal or that otherwise violates the rights of others (including privacy rights) in any other way;
  • any advertising content;
  • promotional documents or any other form of undesired solicitation;
  • any content whose origin or source is falsified;
  • any financial or personal information about the User or anyone else; and
  • any information that MPM would judge to be a breach of its Terms of Use.

Any information, message, link or item that, according to MPM, enters in either one of the categories listed above will be deleted without holding MPM liable in any way.

In addition, MPM does not assume responsibility for filtering messages posted on Social Media.

MPM is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by the User or anyone else regarding the use of Social Media.

L – DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY

MPM does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Platform. This information is provided “as is”, without warranty or condition of any kind, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties.

MPM is not responsible for the content posted on the Platform by the User and for any damage that may result. Each User is responsible for the content it exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.

When the User is a consumer under the Consumer Protection Act, the Consumer Protection Act does not allow for the exclusion of warranties and MPM’s disclaimer of liability for certain damages. In this case, the User has additional rights and is not subject to the limitations mentioned below.

Except where the Consumer Protection Act is applicable, MPM shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Platform, the information, documents and software contained therein, with their content, even if MPM has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.

The User will indemnify MPM, and, as the case may be, its directors and officers, shareholders, partners, employees, agents and other stakeholders of MPM, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Platform and/or the violation of these Terms of Use, whether this infringement is on the User’s behalf or any other third-party user of his account.

The User may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.

M– AMENDMENTS TO THESE TERMS

We occasionally update these Terms. Continued use of this Platform constitutes the User’s agreement to these Terms and to its updates.

However, when the Consumer Protection Act applies, MPM will notify thirty (30) days prior to the coming into effect of the modification of the present Users of the Platform. If the User refuses these changes and wishes to no longer use the Platform, he will have no later than thirty (30) days following the entry into force of the amendments to send a notice to MPM.

CONTACT PERSON

If the User has any questions or comments regarding any content of the Platform, he can contact us at info@momspayingmoms.com.

Last update done July 25th, 2022.

MOMS PAYING MOMS PRIVACY POLICY

INTRODUCTION

With the advent of new communication tools, it is necessary to pay particular attention to the protection of privacy. That is why we, “Moms paying moms” (hereinafter “MPM”), are seriously concerned about the privacy of your personal information and we are committed to respecting the information we collect.

MPM undertakes to respect, in accordance with applicable laws, the obligations regarding the collection and processing of personal and confidential information obtained in the context of the operation of a company so that everyone can benefit from the respect of their private life.

The present privacy policy (hereinafter the “Policy”) describes the information that MPM may collect from the user, that is to say the end user or the organisation you represent or you work for (hereinafter the “User” or “Users”), in connection with its activities, the purposes for which MPM collects it, the use it makes of it, and the circumstances under which it can pass them on to third parties. In addition, this Policy indicates the User’s rights regarding the collection, use and communication of its personal information. MPM agrees not to collect, use or disclose the User’s personal information otherwise than in accordance with this Policy and applicable laws in Canada and Quebec.

SCOPE OF THIS POLICY

When the User browses MPM’s website (hereinafter the “Platform”) he agrees to the terms and conditions of this Policy. If the User continues to use the Platform after a new version of this Policy has been posted there, he consents to and will be bound by the changes.

The information MPM collect is necessary when MPM provides the User with a service that he has requested. By providing MPM with this information, the User consents to its collection and use as defined in this Policy.

COLLECTION OF PERSONAL INFORMATION

MPM may obtain personal information from the User when he saves this personal information on the Platform, or where appropriate, when he discloses this personal information otherwise, such as creating a User account and choosing a password, by logging in as a registered User to the Platform, by launching a product search, by requesting a service, by providing information on his account, by contacting us by phone, email or otherwise, or by completing a form to enter a contest, inventory request, promotion or survey.

We collect the following User information, upon registration:

  • Surname and first name;
  • Age;
  • Gender;
  • Telephone number;
  • Personal address;
  • Email address;
  • Account name; and
  • Paypal ID (email address).
  • Stripe ID (email address).

The User’s personal information will not be retained beyond the purposes for which it was collected. The deletion of the data occurs once the User deletes his account according to the steps mentioned in Section E of these Terms of Use. The User will then have thirty (30) days to recover his data, otherwise, MPM will delete them permanently.

The Platform is designed for use by adults only, as understood in the Province of Quebec. MPM does not knowingly collect any personal information from anyone under the age of eighteen (18).

For more information on the protection of the User’s personal information and his related rights, the User may contact the Office of the Privacy Commissioner of Canada or the Commission for the Protection of Privacy of Quebec.

• Office of the Privacy Commissioner of Canada www.privcom.gc.ca

• Commission for the Protection of Privacy of Quebec www.cai.gouv.qc.ca

FORMS AND INTERACTIONS

The User’s personal information may be collected through forms, namely:

  • Registration on the Platform Form;
  • Order Form;
  • Survey;
  • Update the User’s profile Form;
  • Resources download Form;
  • Contact importation Form;
  • Authorization of the User to access his information;
  • Contact Form;
  • Assistance Form;
  • Ad submission Form;
  • Community discussion Form; and
  • Contest.

MPM uses cookies, as indicated in the “Automatically Exchanged Data” section. MPM may also keep a record of the User’s product interests and obtain his information from divisions or current or future companies belonging to MPM.

MPM may use the User’s personal information in order to:

  1. Process User’s requests, questions and orders and answer their questions;
  2. Stay in contact with the User and provide him with a personalized service at all times;
  3. Communicate with the User (by e-mail, traditional mail or otherwise) and send him advertising material or additional information about the products, services, surveys, contests, promotions and special offers;
  4. Learn more about the User’s purchasing preferences; and
  5. Conduct market and performance research to assess the customer service, measure the performance, enhance the experience provided to the Users and improve the offered products.

If the User has not subscribed to MPM’s newsletter, he will not receive any e-mails from MPM, except in special cases (i.e. follow-up or expiry of its subscription, follow-up of its free trial, participation in a contest, etc.).

The User’s information is also collected through the interaction that may be established between it and the Platform and may be used for the following purposes:

  • Sharing with the Enterprise’s partners;
  • Sharing to advertisers and/or announcers;
  • Providing services to the User;
  • Managing customer accounts;
  • Providing personal information to business partners;
  • Managing customer relations and business relationships;
  • Sharing to third party applications websites or integrations on/or using our products;
  • Observing regulatory compliance laws and regulations;
  • Sending information letters; and
  • Sending of promotions.

ADVERTISING INFORMATION

MPM will contact the User only if he wishes. If the User prefers not to receive any advertising information from MPM or if he does not want MPM to use his personal information to enhance his customer experience, please let MPM know by contacting us at the contact listed in the section “Right of opposition and withdrawal”.

Remember to include the User’s full name and the e-mail address he used when he registered or when he made a purchase from us. There may be a delay in processing time for a request sent by e-mail or traditional mail and the User may continue to receive communications from MPM in the meantime.

THIRD-PARTY SERVICES

MPM may use third-party services for the management of its business and its Platform. In no event shall MPM be held liable for any prejudice that may arise from such third-party services. MPM invites the User to consult these services’ respective websites, in order to learn about their conditions of use.

AUTOMATICALLY EXCHANGED DATA

MPM collects certain information during exchanges between the User’s computer and MPM’s server. Cookies allow the User to connect to the Platform.

This information consists mainly of the following:

  • Domain name;
  • IP address;
  • Navigation history; and
  • User’s language.

Most of the automatically exchanged data do not allow for the identification of the User. They are collected only because of the technological requirements inherent to browsing the Internet. Most browsers automatically collect cookies, although it is usually possible to modify this setting manually. However, if the User chooses to refuse cookies, he may not be able to identify himself or use certain features of our Platform.

The use of such information allows MPM to improve the service offered, to personalize the User’s experience and to better track his requests and orders.

This information is also used for:

  • Process User’s requests, questions and orders and answer their questions;
  • Stay in contact with the User and provide him with a personalized service at all times;
  • Communicate with the User (by e-mail, traditional mail or otherwise) and send him advertising material or additional information about the products, services, surveys, contests, promotions and special offers;
  • Learn more about the User’s purchasing preferences; and
  • Conduct market and performance research to assess the customer service, measure the performance, enhance the experience provided to the Users and improve the offered products.

These cookies are multiple. Some expire when the User closes his browser and have no prolonged effect while others can be maintained.

INTERNATIONAL COMMUNICATIONS

The servers are located in Canada.

SHARING PERSONAL INFORMATION 

MPM undertakes not to sell the collected personal data without the User’s explicit consent. Personal data can exclusively be sold in the context of a partial or total disposal of MPM’s business to a third party. In such a situation, the disposed data is subject to the same warranties that those contained in this Confidentiality Policy.

Unless otherwise stated in this Policy, the personal information the User provides will not be transmitted to third parties without his permission. However, MPM sometimes shares this information with partners.

If the User does not wish to have his personal information communicated to third parties or partners, he may opt out at any time, as mentioned in the following section.

PAYPAL

Paypal is the primary payment method for the Platform’s transactions.

Notwithstanding the above and below, if MPM uses an Application Programming Interface (hereinafter “API”) to connect to Paypal, MPM is prohibited from doing any of the following:

  • selling, transferring, sublicensing, or disclosing Paypal’s user ID to any third party (other than approved third party service providers)
  • selling, transferring, sublicensing, and/or assigning any interest in the confidential Information of PayPal accessed by the APIs; and
  • collecting any customer’s personally identifiable information that is accessed through the APIs without that customer’s express permission.

WITHDRAWAL AND OPPOSITION RIGHTS       

MPM is committed to offering the User the right to oppose and withdraw his personal information.

The right of opposition is understood as the possibility offered to the Users to refuse allowing their personal information to be used for certain purposes mentioned regarding data collection.

The right of withdrawal is also understood as the possibility offered to the Users to request that their personal information no longer appears, for example, in a mailing list.

The User also has the right to request access to the personal information MPM has collected about him and to correct any information as needed by contacting the contact person in charge of data management whose information is listed in the section “Contact person” below.

ANTI-SPAM LEGISLATION

MPM complies with the dispositions of the Canadian Anti-Spam legislation (CASL). The User understands that he or she may expressly or tacitly consent to receive messages from MPM.

The User understands that he gives his tacit consent during the existing business relationship or the existing non-business relationship; when the User publishes his e-mail address without mentioning that he does not wish to receive unsolicited commercial electronic messages; or when the message is sent in the other circumstances provided for by the regulations under this law.

  1. For the purposes of this Policy, “existing business relationship” refers to a business relationship between two persons, such as a purchase or lease within two years prior to the date the message is sent; an investment or game offered, the bartering of a thing, any contract in effect or expiring during that period, or a request within six months prior to the date the message is sent.
  • An “existing non-business relationship” is defined as a relationship between two persons other than a business relationship, such as a gift or donation, work done as a volunteer, and a membership, as defined in the by-laws; all within the two years prior to the date the message is sent.

To withdraw your consent or to stop receiving electronic information or communication, please contact us at the following e-mail address: oohhmotherhood@gmail.com.

SECURITY

The personal information MPM collects is kept in a secure environment. MPM has taken appropriate measures to maintain the confidentiality of personal information and to protect it against loss or theft, as well as its unauthorized access, disclosure, copy, use or modification – taking into account, in particular, its sensitivity and the purposes it is used for. In addition, MPM requires that each employee, proxy or representative of MPM complies with this Policy.

In order to ensure the security of the User’s personal information, MPM uses the following measures:

  • SSL (Secure Sockets Layers) protocol;
  • Protected access to servers and computers;
  • Secured access to its premises;
  • Firewall;
  • Confidentiality agreements with its employees;
  • Privacy policies;
  • Procedures for the protection of personal information;
  • Use of password-protected data networks;
  • Current update of security measures;
  • Encrypted and secure electronic communications; and
  • Canadian server.

MPM is committed to maintaining a high degree of confidentiality by incorporating the latest technological innovations and thus ensure the confidentiality of the User’s transactions, in order to protect the User’s personal information and prevent it from being viewed, used or disclosed without authorization.

However, since no mechanism provides absolute security, some degree of risk is always present when communicating personal information over the Internet. If a password is used to protect the User’s account and his personal information, it is his responsibility to keep it confidential.

FRENCH AND ENGLISH LANGUAGE

If a problem of definition or interpretation arises between the English and French versions of this Policy, the French version shall prevail.

APPLICABLE LAWS AND JURISDICTION

The Platform and its content are managed by MPM from their offices located in the province of Québec in Canada. The Platform, its content, the Terms of Use and your use of the Platform are regulated by the applicable legislation of Quebec and Canada, without giving effect to any principle regarding conflicts of laws.

You accept that any question or litigation regarding the Platform and your use of it will first be brought before a mediator and, in the absence of a compromise, settled by the courts of the province of Quebec.

If the User is a consumer under the Quebec Consumer Protection Act, then any litigation will be ruled by the law of the Province of Quebec and the competent jurisdiction will be determined according to the rules of the Code of Civil Procedure.

INTERPRETATION

This Policy is governed by applicable Quebec and Canadian laws, including the Privacy Act of Canada. These laws apply without giving effect to any conflict of law principles.

Whenever the context so requires, any word written in the singular also includes the plural and vice versa; any word written in the masculine gender also includes the feminine gender and vice versa.

DIVISIBILITY

Each provision of this Policy is a separate and distinct whole so that a court decision that any provision of this Policy is invalid or unenforceable will not affect the validity or enforceability of the remaining provisions of this Policy. 

CONTACT PERSON

The User may exercise his rights provided in this Policy or he may address any other question or complaint regarding MPM’s privacy practices by contacting us:

Name: Marianna Bonfa

E-mail: oohhmotherhood@gmail.com

AMENDMENT OF THIS POLICY

MPM occasionally updates this Policy. Continued use of this Platform constitutes the User’s agreement to this Policy and to its updates.

However, when the Consumer Protection Act applies, MPM will notify thirty (30) days prior to the coming into effect of the modification of the present Users of the Platform. If the User refuses these changes and wishes to no longer use the Platform, he will have no later than thirty (30) days following the entry into force of the amendments to send a notice to MPM.

Last update done the July 21th, 2022.