Terms of service

 

Effective Date: November 26, 2020

Last Updated: August 3, 2025

1. INTRODUCTION

1.1 Acceptance of Terms

By accessing or using this website — www.pinkyswearandco.com — you agree to be bound by these Terms of Service (“Terms”). If you do not accept these Terms, please refrain from using the site or purchasing from Pinky Swear & Co. / Pinky Swear And Company Inc. (“we”, “us”, “our”, “the Company”).

This agreement applies to all users of the Website, including browsers, vendors, customers, and merchants. You confirm that you are of legal age in your jurisdiction or have parental consent.

1.2 Amendments

We may update these Terms at any time without prior notice. Your continued use of the Website after changes have been posted constitutes acceptance of the revised Terms. Please review this page periodically.

2. WEBSITE USE AND CONDUCT

2.1 Permitted Use

You agree to use this Website for personal, non-commercial purposes only. You must not:

  • Violate any applicable laws or third-party rights
  • Impersonate others or misrepresent your identity
  • Upload viruses, spam, or disruptive code
  • Reverse-engineer or duplicate Website content
  • Harvest user information or engage in unauthorized access

You are responsible for maintaining the confidentiality of your account and passwords.

2.2 User-Generated Content

If you submit reviews, photos, or other content to our Website or social channels, you retain ownership, but grant us a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and adapt that content in our marketing or communications. You waive any moral rights to this content.

We reserve the right to remove or decline any content that is unlawful, offensive, or misleading.

3. ORDERS AND PURCHASES

By submitting an order on our Website, you agree to:

  • Provide current and accurate billing and shipping details
  • Pay all applicable charges (including tax and shipping)
  • Understand that order confirmations are acknowledgements, not guarantees of fulfillment
  • Accept that fulfillment may be delayed due to external factors

We reserve the right to reject or cancel any order at our sole discretion. You will be contacted if your order is affected.

For returns, please refer to our Refund & Return Policy.

4. INTELLECTUAL PROPERTY

All content on this Website — including logos, images, videos, text, and design — is the intellectual property of Pinky Swear & Co. or its licensors. No part of this Website may be reproduced, distributed, or exploited for commercial use without express written permission.

5. TERMINATION

We may suspend or terminate your access to the Website at any time for any reason, including violations of these Terms. The provisions related to intellectual property, disclaimers, and limitations of liability will survive termination.

6. INDEMNITY

You agree to indemnify and hold harmless Pinky Swear & Co., its owner Chandana Jethani Bhatia, employees, and affiliates against any claims, liabilities, damages, or expenses arising from your use of the Website or breach of these Terms.

7. LIMITATION OF LIABILITY & DISCLAIMERS

7.1 Limited Liability

To the fullest extent permitted by law, our liability is limited to the greater of:

  • CAD $150
  • The total purchase amount you paid in the 12 months preceding the claim

We are not liable for indirect, incidental, or consequential damages.

7.2 Disclaimer of Warranties

This Website and all products and content are provided “as is” without warranties of any kind, express or implied. We make no guarantees regarding uptime, availability, accuracy, or reliability.

7.3 Downloads & Security

We do not guarantee that files available for download will be free of viruses or harmful components. Use at your own risk.

7.4 External Links

Our Website may contain links to third-party websites. We are not responsible for their content, policies, or practices.

7.5 Informational Purposes Only

All content on the Website is provided for general information only and should not be considered legal, medical, or professional advice.

7.6 Force Majeure

We are not responsible for delays or failures resulting from events beyond our control (e.g., extreme weather, supply chain disruptions, pandemics, etc.).

8. RELEASE OF LIABILITY

If you have a dispute with another user or third-party seller, you release Pinky Swear & Co. from any claims, damages, or demands arising out of that dispute.

9. PRIVACY

Your use of this Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data.

10. GENERAL TERMS

10.1 Governing Law

These Terms are governed by the laws of the Province of Ontario and the laws of Canada. Any legal disputes shall be resolved in the courts of Ontario.

10.2 Waiver & Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force. No waiver of any term shall be deemed a continuing waiver of that term or any other.

10.3 Entire Agreement

These Terms, along with our Refund and Privacy Policies, represent the entire agreement between you and Pinky Swear & Co.

10.4 No Relationship

These Terms do not establish any agency, partnership, or employment relationship between you and Pinky Swear & Co.

10.5 Contact & Legal Notices

Business Name: Pinky Swear And Company Inc.

Address: 80A Wayne Avenue, Scarborough, Ontario, M1R 1Y5

Email: info@pinkyswearandco.com

By using this Website, you consent to receive notices electronically.