Terms and Conditions
Last updated: 2026
TERMS & CONDITIONS + SERVICE AGREEMENT
Effective Date: 2026
Company: The Nested (Nest) Co. Maternal Care (the “Company”, “we”, “us”, “our”)
Websites & Platforms Covered
These Terms & Conditions apply to all services, classes, digital products, books, content, bookings, and transactions offered by The Nested (Nest) Co. Maternal Care, including but not limited to those sold or accessed through our official websites (https://thenestco.ca), as well as affiliated platforms such as SamCart, Fourthwall, Instagram, YouTube, and any other official sales or content channels.
Introduction
These Terms and Conditions ("Terms") govern your use of all digital products, coaching programs, courses, templates, and services ("Products"), etc. provided by The Nested (Nest) Co. Maternal Care ("Company", "we", "our", or "us"). By checking the box on our checkout page and completing your purchase, you ("Customer", "You", or "Your") agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE MAKING A PURCHASE. BY COMPLETING YOUR PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
1. Eligibility and Capacity
By using our Products, you represent and warrant that:
- You are at least 18 years old and legally capable of entering into a binding contract
- You have the legal capacity to comply with these Terms
- All information you provide is accurate and complete
- You are not prohibited from receiving our Products under applicable Canadian laws
2. Product Access and Lifetime Licence
2.1 Access Duration
Upon purchase, you are granted access to the purchased Product for the lifetime of that specific Product, subject to these Terms and your continued compliance with them.
2.2 Product Updates vs. New Products
Included Updates: You will receive access to updates, improvements, bug fixes, and supplementary materials added to your purchased Product at no additional charge.
Excluded New Products: We may create and release entirely new products, courses, or programs that are substantially refilmed, redesigned, or reimagined versions of similar subject matter. These new standalone products are NOT included in your original purchase and will require separate purchase.
Definition of New Product: A new product is considered separate if it is marketed as a distinct offering, has a separate product name or version number (e.g., "Version 2.0" or "Advanced Edition"), or is presented as a successor or replacement product.
2.3 Platform Changes and Service Continuity
We reserve the right to change hosting platforms, learning management systems, or delivery methods for your Product.
If we migrate to a new platform, you will be provided access to your purchased content on the new platform at no additional cost.
We will provide reasonable notice before any platform migration that requires action on your part.
2.4 Business Closure or Product Discontinuation
In the event we cease operations or discontinue a Product, we will make reasonable efforts to provide you with downloadable copies of your purchased materials or at minimum 90 days' notice.
"Lifetime access" means the lifetime of the Product offering, not an absolute guarantee of perpetual access.
We are not liable for circumstances beyond our reasonable control that prevent continued access (see Force Majeure section).
3. Intellectual Property
3.1 Ownership
All content provided in our Products—including but not limited to videos, templates, PDFs, graphics, logos, trademarks, written material, audio recordings, and software—is the sole intellectual property of The Nested (Nest) Co. Maternal Care and is protected by Canadian and international copyright, trademark, and other intellectual property laws.
3.2 Limited Licence
You are granted a limited, non-exclusive, non-transferable, revocable licence for personal or internal business use only. This licence does not grant you any ownership rights.
3.3 Prohibited Uses
You may NOT:
- Share, distribute, reproduce, copy, or resell any part of the content
- Post content to public websites, file-sharing platforms, or social media
- Use the content for commercial training or to teach others (unless explicitly permitted in your Product description)
- Remove, alter, or obscure any copyright, trademark, or proprietary notices
- Create derivative works based on our content without express written permission
3.4 Use of Likeness & AI Restrictions
You may not use any photographs, video, voice, likeness, or content from The Nested (Nest) Co. Maternal Care—including appearances on video, social media, or public platforms—for the purpose of training, generating, or reproducing content through artificial intelligence (AI) or machine learning technologies. This includes but is not limited to:
- Deepfakes or synthetic media
- Voice replication or cloning
- Image generation or manipulation
- AI model training datasets
- Automated content creation systems
Any such use is strictly prohibited and may result in immediate termination of access, legal action for violation of publicity rights, intellectual property infringement, misrepresentation, and statutory damages.
3.5 Enforcement
Any unauthorised use may result in immediate revocation of access without refund and potential legal action, including claims for monetary damages and injunctive relief.
4. Payment Terms and Processing
4.1 Payment Processing
All payments are processed through third-party payment processors including but not limited to Stripe and other authorised payment gateways. By making a purchase, you agree to the payment processor's terms of service.
4.2 Pricing and Currency
All prices are stated in Canadian Dollars (CAD) unless otherwise indicated.
Prices are subject to change at any time without notice.
Any price changes will not affect existing purchases or active payment plans.
4.3 Payment Plans
If you select a payment plan option:
- You authorise us to charge your payment method on the scheduled dates
- Failure to make a scheduled payment may result in suspension of access until payment is received
- You remain obligated to complete all payments even if you stop using the Product
- Payment plans are not cancellable, and you are liable for all instalments regardless of Product usage
4.4 Failed Payments
If a payment fails, we will:
- Attempt to contact you via email
- May attempt to process the payment up to 3 additional times
- Suspend access if payment is not received within 15 days
- Charge a $25 failed payment administrative fee (where permitted by law)
4.5 Taxes
You are responsible for any applicable GST, HST, PST, or other taxes based on your location. We will collect such taxes where required by law.
4.6 Chargebacks and Disputes
Unauthorised Chargebacks: If you initiate a chargeback or payment dispute through your bank or payment processor without first contacting us to resolve the issue, we reserve the right to:
- Immediately terminate your access to all Products
- Report the incident to chargeback prevention services
- Pursue collection of the disputed amount plus administrative fees and legal costs
- Deny you future access to our Products and services
Good Faith Disputes: If you have a legitimate concern, please contact us first so we can work toward a resolution.
Chargeback Fees: If a chargeback is filed and later reversed in our favour, you will be responsible for any chargeback fees charged by the payment processor.
5. Coaching, Doula, and Educational Disclaimer
5.1 Educational Purpose Only
Our doula services, coaching, courses, and content are for educational and informational purposes only. We are not licensed medical professionals, nurses, midwives, mental health professionals, lawyers, accountants, or financial planners.
5.2 No Professional Advice
We do not provide and you should not construe our content as:
- Medical advice (consult a licensed healthcare provider)
- Mental health advice (consult a licensed professional)
- Legal advice (consult a lawyer)
- Tax advice (consult a qualified tax professional)
- Financial advice (consult a licensed financial advisor)
5.3 Your Responsibility
You are solely responsible for:
- Your own health decisions and implementation of strategies
- Compliance with all applicable laws and regulations in your jurisdiction
- Seeking appropriate professional advice before taking action
- Your results, outcomes, and consequences of your actions
- Determining the suitability of our Products for your specific situation
5.4 No Client Relationship
Purchase of our Products does not create a medical, therapeutic, fiduciary, or confidential professional-client relationship beyond the scope of the educational Product or contracted service provided.
6. Competition Act-Compliant Income and Results Disclaimer
6.1 No Income or Experience Guarantees
IMPORTANT: We make no guarantees, representations, or warranties regarding your ability to achieve specific results, outcomes, business growth, client acquisition, revenue, labour or birth experiences, postpartum outcomes, or other results from using our Products.
6.2 Results Disclaimers
Any income figures, revenue numbers, client outcomes, birth experiences, testimonials, examples, or results shared in our marketing materials, testimonials, courses, services, or communications:
- Are provided for illustrative and educational purposes only
- Represent exceptional results and are NOT typical
- Do not constitute guarantees or predictions of your results
- May represent accumulated results over extended time periods
- May not account for all expenses, taxes, personal circumstances, or other costs
- Are dependent on numerous factors outside our control
6.3 Factors Affecting Results
Your results will vary based on numerous factors including but not limited to:
- Your existing knowledge, health status, circumstances, and support system
- The time and effort you dedicate to implementation
- Your healthcare providers and medical circumstances
- Your industry, market, and economic conditions (where applicable)
- Your personal decisions and actions
- External factors beyond anyone’s reasonable control
6.4 Competition Act Disclosure Statement
In accordance with the Competition Act (Canada) and applicable consumer protection legislation:
Most individuals who purchase educational products do not achieve extraordinary or dramatic results. The average purchaser may not implement the strategies taught. We cannot and do not make any guarantees about your ability to achieve specific outcomes. Your results are entirely dependent on your individual circumstances, effort, decisions, and external factors beyond our control.
6.5 Testimonials and Endorsements
All testimonials and case studies:
- Reflect the individual experiences of actual customers or clients
- Are not independently verified by third parties
- Do not guarantee that you will achieve the same or similar results
- May have received compensation, discounts, or complimentary access in exchange for their feedback
- The experiences of our testimonials are not typical. The individuals featured may have unique circumstances that contributed to their outcomes.
7. Advertising and Platform Compliance
7.1 Advertising Standards
All advertising conducted on digital platforms (including but not limited to Instagram, Facebook, YouTube, and other social media platforms) is intended to comply with:
- The Competition Act (Canada)
- Applicable provincial consumer protection legislation
- Platform-specific advertising policies
7.2 Health and Wellness Claims
If our Products relate to pregnancy, birth, postpartum, infant care, health, wellness, or personal improvement:
- We do not claim to cure, treat, or prevent disease
- We do not guarantee specific medical or birth outcomes
- Individual results vary and depend on personal and medical factors
- You should consult a licensed healthcare provider before making health decisions
7.3 Financial or Business-Related Content
For Products related to business, income generation, or professional services:
- We clearly disclose that results are not guaranteed
- We do not engage in deceptive or misleading practices
- We maintain appropriate disclaimers near all claims
7.4 Data Collection and Platform Tracking
We may use tracking tools, pixels, cookies, and analytics technologies in accordance with applicable privacy laws.
Our use of such tools complies with Canadian privacy legislation and is further detailed in our Privacy Policy.
8. Technology Requirements and Access
8.1 Your Technical Responsibility
You are responsible for:
- Maintaining a reliable internet connection
- Providing compatible devices and up-to-date web browsers
- Ensuring your email address is accurate and capable of receiving our emails
- Managing your login credentials securely
- Installing any necessary software or applications
8.2 Minimum Requirements
Our Products may require:
- High-speed internet connection
- A modern web browser (latest versions recommended)
- Enabled cookies and JavaScript
- Device storage space for downloads
- PDF reader for document-based materials
- Specific software applications as noted in Product descriptions
8.3 No Technical Support Guarantee
While we strive to provide responsive support, we do not guarantee:
- 24/7 technical support availability
- Compatibility with all devices or configurations
- Resolution of issues caused by your device, internet service, or third-party software
8.4 Platform Availability
We strive for continuous availability but do not guarantee uninterrupted access. Our platform may be unavailable due to:
- Scheduled maintenance
- Emergency repairs or updates
- Third-party service provider outages
- Circumstances beyond our reasonable control
- No refunds will be issued for temporary service interruptions.
9. Assumption of Risk
9.1 Pregnancy, Birth, and Postpartum Risk
You expressly acknowledge and agree that:
- Pregnancy, labour, birth, and postpartum involve inherent risks
- Medical complications can arise unexpectedly
- No birth plan or preparation can guarantee outcomes
- Healthcare providers may make decisions based on medical necessity
9.2 Personal and Business Risk
You further acknowledge that:
- Implementation of strategies taught may not yield positive results
- Market conditions, healthcare environments, and external factors can affect outcomes
- You may experience financial loss, wasted time, or other negative consequences
- No educational product or support service can guarantee success
9.3 Your Acceptance of Risk
You assume full responsibility and risk for:
- All decisions made based on our Products
- Your implementation (or failure to implement) of strategies
- Any outcomes, results, or consequences of your actions or inaction
- Financial or personal investments made in pursuit of strategies taught
9.4 Release of Liability
You agree that The Nested (Nest) Co. Maternal Care, its owners, employees, contractors, and affiliates are not liable for any damages, losses, or negative outcomes resulting from your use of our Products or implementation of strategies taught therein, to the fullest extent permitted by law.
10. No Refund Policy
10.1 All Sales Final
All sales are final. This includes but is not limited to:
- Digital courses and programs
- Downloadable templates and resources
- Recorded workshops and masterclasses
- Tickets to live events (virtual or in-person)
- Membership subscriptions
- Doula packages and service retainers
- Coaching packages
- Bundles and special offers
10.2 No Refunds, Exchanges, or Credits
No refunds, exchanges, chargebacks, or credits will be issued under any circumstances, including but not limited to:
- Change of mind or buyer’s remorse
- Failure to use or access the Product
- Dissatisfaction with content or results
- Technical difficulties on your end
- Financial hardship or inability to pay remaining instalments
- Duplicate purchases
10.3 Non-Delivery or Access Issues
If you experience legitimate non-delivery or access issues:
- Contact us immediately
- We will work with you to resolve access issues
- If we cannot provide access due to our error, you may be eligible for a refund
You must report access issues within 30 days of purchase.
10.4 Legally Required Exceptions
Any legally required exceptions under applicable Canadian consumer protection legislation will be honoured in accordance with the law.
10.5 Payment Plan Obligations
If you selected a payment plan, you remain obligated to complete all scheduled payments regardless of Product usage. Non-payment may result in:
- Suspension or termination of access
- Collection actions
- Legal action to recover amounts owed
11. Limitation of Liability
11.1 Maximum Liability
To the fullest extent permitted by law, the total liability of The Nested (Nest) Co. Maternal Care to you for any and all claims arising from or related to your use of our Products, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the amount you actually paid to The Nested (Nest) Co. Maternal Care for the specific Product at issue.
11.2 Exclusion of Damages
In no event shall The Nested (Nest) Co. Maternal Care be liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Lost profits, revenue, savings, or business opportunities
- Loss of data or business information
- Cost of substitute goods or services
- Business interruption or loss of use
- Damages arising from reliance on content or strategies taught
- Emotional distress or reputational harm
This exclusion applies regardless of whether we were advised of the possibility of such damages.
11.3 Basis of Bargain
You acknowledge that this limitation of liability is an essential element of the agreement between you and The Nested (Nest) Co. Maternal Care and that we would not offer the Products at the current price without these limitations.
11.4 Jurisdictional Variations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless The Nested (Nest) Co. Maternal Care, its owners, officers, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees and court costs) arising from or related to:
- Your use or misuse of our Products
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
- Your violation of any applicable laws or regulations
- Any content you submit, post, or transmit through our platforms
- Any disputes or claims you have with other users or third parties
- Your business activities or implementation of strategies taught in our Products
- Any representations or warranties you make that are based on our content
This indemnification obligation survives termination of these Terms and your use of our Products.
13. Termination of Access
13.1 Grounds for Termination
We reserve the right to suspend or permanently revoke your access to any or all Products if you:
- Violate these Terms in any material way
- Share, distribute, or resell our proprietary content
- Engage in abusive, threatening, or harassing behaviour toward our team or community
- Initiate fraudulent chargebacks or payment disputes
- Use our Products for illegal or unethical purposes
- Provide false information or misrepresent your identity
- Attempt to circumvent security measures or technological protections
13.2 Notice and Opportunity to Cure
In most cases (except for severe violations), you will receive written notice via email and will have five (5) business days to resolve the issue or provide an explanation. Severe violations (such as intellectual property theft, fraud, or threatening behaviour) may result in immediate termination without notice or opportunity to cure.
13.3 Effect of Termination
Upon termination:
- Your access to all Products will be immediately revoked
- You must cease all use of our materials
- You must delete or destroy any downloaded content
- You remain liable for any outstanding payment obligations
- No refunds will be issued
Sections of these Terms that by their nature should survive (including but not limited to Intellectual Property, Limitation of Liability, Indemnification, and Dispute Resolution) shall survive termination.
13.4 Your Right to Terminate
You may cease using our Products at any time, but such cessation does not:
- Entitle you to a refund
- Release you from payment obligations
- Terminate your obligations under these Terms (surviving provisions remain in effect)
14. Dispute Resolution and Arbitration
14.1 Informal Resolution Requirement
Before initiating any formal dispute resolution, you agree to contact us with a detailed description of your concern. We will attempt to resolve the matter informally within 30 days. This step is mandatory before proceeding to arbitration.
14.2 Binding Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Products (including disputes about the validity, interpretation, breach, or termination of these Terms) shall be resolved through final and binding arbitration rather than in court, except as provided below.
14.3 Arbitration Procedures
Arbitration shall be conducted in accordance with The Arbitration Act, 1992 (Saskatchewan).
- The arbitration shall take place in Saskatchewan, Canada, unless otherwise agreed
- The arbitration may be conducted virtually where appropriate
- The arbitrator’s decision shall be final and binding
- Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction
- Each party shall bear its own costs unless otherwise awarded by the arbitrator
14.4 Exceptions to Arbitration
Either party may bring a claim in small claims court if the claim qualifies and remains in small claims court.
Additionally, either party may seek injunctive or equitable relief in court for intellectual property infringement or misappropriation.
14.5 Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.
You waive any right to participate in a class-wide arbitration or class action lawsuit against The Nested (Nest) Co. Maternal Care.
If this class action waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void (but the remainder of these Terms shall remain in effect).
14.6 Jury Trial Waiver
To the extent permitted by applicable Canadian law, you and The Nested (Nest) Co. Maternal Care waive any right to a trial by jury for disputes resolved in court rather than arbitration.
14.7 Opt-Out Right
You have the right to opt out of this arbitration agreement by sending written notice within 30 days of your first purchase. Your notice must clearly state that you wish to opt out of arbitration. Opting out does not affect any other terms of these Terms & Conditions.
15. Governing Law and Jurisdiction
15.1 Governing Law
These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict of law principles.
15.2 Exclusive Jurisdiction
To the extent not subject to arbitration, you agree that any legal action or proceeding shall be brought exclusively in the courts located in Saskatchewan, Canada. You consent to the personal jurisdiction of these courts and waive any objection to venue.
16. Affiliate and Third-Party Disclaimers
16.1 Affiliate Relationships
We may promote, reference, or recommend third-party products, services, tools, or platforms. In some cases, we may receive affiliate commissions or other compensation for these recommendations.
Such relationships do not influence our educational content, and we only recommend products and services we believe may provide value.
16.2 No Endorsement or Guarantee
Mention of any third-party product, service, company, or individual does not constitute:
- An official endorsement beyond our stated opinion
- A guarantee of results from using that product or service
- A warranty of quality, fitness for purpose, or merchantability
- An assumption of liability for third-party actions or products
16.3 Third-Party Links
Our Products may contain links to third-party websites or resources. We are not responsible for:
- The content, accuracy, or legality of third-party sites
- Third-party privacy practices or terms of service
- Products or services sold by third parties
- Your interactions with third parties
You access third-party sites at your own risk.
16.4 Tools and Platform Changes
Third-party tools, platforms, or services recommended in our Products may:
- Change their features, pricing, or availability
- Modify their terms of service
- Discontinue operations
- No longer be suitable for the strategies taught
We are not responsible for such changes and make no guarantees about the continued availability or suitability of any third-party resource.
17. Force Majeure
The Nested (Nest) Co. Maternal Care shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:
- Acts of God (earthquakes, floods, fires, storms, pandemics)
- War, terrorism, civil unrest, or government actions
- Labour disputes or strikes
- Internet service provider failures or cyberattacks
- Failures of third-party hosting, payment, or service providers
- Utility failures or telecommunications outages
- Changes in laws or regulations that prohibit our operations
In the event of force majeure lasting more than 90 days, either party may terminate affected obligations without liability.
18. Modifications to Terms
18.1 Right to Modify
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion.
Material changes will be communicated via:
- Email to your registered email address
- Notice posted on our website
- In-product notification (where applicable)
18.2 Effective Date of Changes
Changes become effective:
- Immediately upon posting for new customers
- 30 days after notification for existing customers (unless sooner acceptance is required by law)
18.3 Continued Use Constitutes Acceptance
Your continued use of our Products after any modification to these Terms constitutes your acceptance of the revised Terms.
If you do not agree to the modified Terms, your sole remedy is to discontinue use of our Products (without entitlement to a refund).
18.4 Version Control
We will maintain version history showing the effective dates of Terms modifications. You may request previous versions by contacting us.
19. Privacy and Data Protection
19.1 Privacy Policy
Your use of our services is also governed by our Privacy Policy.
The Privacy Policy is incorporated into these Terms by reference.
19.2 Data Collection and Use
By using our Products, you acknowledge and consent to:
- Collection of personal information as described in our Privacy Policy
- Use of cookies, tracking pixels, and similar technologies
- Marketing communications (subject to your opt-out rights)
- Transfer and storage of data in Canada or other jurisdictions where our service providers operate
19.3 Canadian Privacy Compliance (PIPEDA)
If you are located in Canada:
- You have rights under the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, substantially similar provincial legislation
- You may request access to or correction of your personal information
- You may withdraw consent for certain uses of your data, subject to legal or contractual restrictions
- We rely on consent and/or legitimate business interests as our legal basis for processing personal information
19.4 Data Security
While we implement reasonable security measures to protect your information, we cannot guarantee absolute security.
You acknowledge the inherent risks of internet transmission and electronic storage.
20. SMS/Text Messaging Terms
20.1 Consent to Receive SMS
By providing your phone number at checkout, through a lead form, or by engaging with our keyword opt-in campaigns, you expressly consent to receive recurring promotional and personalised marketing text messages (e.g., course updates, exclusive offers, launch announcements, cart reminders) from The Nested (Nest) Co. Maternal Care.
20.2 Message Details
Message Frequency: Message frequency varies depending on your activity and our promotions.
Message & Data Rates: Message and data rates may apply based on your mobile carrier’s plan. We are not responsible for any charges incurred.
Carrier Participation: Availability may vary by carrier.
20.3 Opt-Out and Help
To Unsubscribe: Reply STOP, CANCEL, END, or QUIT to opt out.
For Help: Contact us directly through the contact information provided on our website.
You will receive a confirmation message when you opt out.
20.4 Not a Condition of Purchase
Consent to receive SMS is not a condition of any purchase. You may make purchases without providing your phone number or by opting out at any time.
20.5 Privacy and Data Usage
We will not sell or share your mobile number with third parties for their marketing purposes.
Your mobile data will be handled in accordance with our Privacy Policy.
20.6 CASL Compliance
Our electronic communications comply with Canada’s Anti-Spam Legislation (CASL). You may withdraw consent at any time.
21. User-Generated Content and Community Guidelines
21.1 Submission of Content
Some of our Products may include community features such as forums, comments, chat groups, or social media communities where you can submit content.
By submitting any content, you:
- Grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, modify, and display your submission for operational and marketing purposes
- Represent that you own or have the necessary rights to the content submitted
- Waive any moral rights in the content to the extent permitted by law
- Agree not to submit content that is illegal, harmful, defamatory, or infringes on third-party rights
21.2 Community Guidelines
You agree not to:
- Harass, bully, or threaten other community members
- Share false, misleading, or deceptive information
- Spam or engage in excessive self-promotion
- Share others’ private information without consent
- Promote illegal activities or prohibited products/services
- Impersonate others or misrepresent your affiliation
21.3 Moderation Rights
We reserve the right to:
- Monitor, edit, or remove any user-generated content
- Suspend or ban users who violate community guidelines
- Take no action regarding user content, as we are not obligated to moderate
21.4 No Liability for User Content
We are not responsible for user-generated content and disclaim all liability for any harm arising from such content. Users are solely responsible for their own submissions.
21.5 Testimonials and Media Consent
If you voluntarily submit a testimonial, review, feedback, photograph, video, birth story, or other content to The Nested (Nest) Co. Maternal Care (including via email, social media, survey, text message, or direct communication), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, publish, display, edit, adapt, and distribute such content for marketing, promotional, educational, and business purposes.
You acknowledge and agree that:
- We may publish your testimonial on our website, social media platforms, email campaigns, advertisements, and other marketing materials.
- We may edit testimonials for clarity, length, grammar, or formatting while preserving the substance of the statement.
- We are not obligated to use any testimonial submitted.
- You will not be entitled to compensation unless explicitly agreed in writing.
If your testimonial contains personal information or health-related information, you confirm that you are voluntarily providing such information and consent to its use as described above.
You may request removal of a testimonial in writing; however, removal from previously distributed materials (such as printed materials or paid advertisements already in circulation) cannot be guaranteed.
22. Entire Agreement and Severability
22.1 Entire Agreement
These Terms, together with our Privacy Policy and any Product-specific terms, constitute the entire agreement between you and The Nested (Nest) Co. Maternal Care regarding your use of our Products and supersede all prior or contemporaneous communications, proposals, or agreements.
22.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable.
If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.
22.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
No waiver shall be effective unless made in writing and signed by an authorized representative of The Nested (Nest) Co. Maternal Care.
22.4 Headings
Section and subsection headings are for convenience only and shall not affect the interpretation of these Terms.
23. Assignment
23.1 Our Right to Assign
We may assign, transfer, or delegate our rights and obligations under these Terms to any third party without your consent, including in connection with a merger, acquisition, sale of assets, or by operation of law.
23.2 Your Restrictions
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.
Any attempted assignment in violation of this section is void.
24. Electronic Communications and Signatures
24.1 Consent to Electronic Communications
You consent to receive communications from us electronically, including via email, SMS, or through our platform.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
24.2 Electronic Signatures
By checking a box, clicking a button, or completing a purchase on our platform, you are providing a legally binding electronic signature that has the same force and effect as a handwritten signature under applicable Canadian law.
25. Regulatory Compliance Statements
25.1 Competition Act Compliance
We comply with the Competition Act (Canada) and related regulations, including:
- Prohibitions against deceptive marketing practices
- Requirements for clear and accurate representations
- Requirements for substantiation of performance claims
25.2 CASL Compliance
Our email and SMS marketing complies with Canada’s Anti-Spam Legislation (CASL):
- We obtain express or implied consent before sending commercial electronic messages
- We provide clear identification in all communications
- We include unsubscribe mechanisms
- We honour opt-out requests without delay
25.3 Payment Card Industry (PCI) Compliance
While we do not directly process or store full payment card information (this is handled by our payment processors such as Stripe), we maintain reasonable administrative and technical safeguards for any data that may transit through our systems.
25.4 Stripe Terms Compliance
By making a payment through Stripe, you agree to be bound by Stripe’s Services Agreement and applicable policies.
We comply with Stripe’s requirements for merchant conduct and user data protection.
26. Accessibility
26.1 Accessibility Commitment
We strive to make our Products accessible to individuals with disabilities in accordance with recognized accessibility guidelines, though we do not guarantee full compliance with any specific standard.
26.2 Accommodation Requests
If you require accommodation to access our Products due to a disability, please contact us. We will make reasonable efforts to provide accommodation where possible, though we cannot guarantee all requests can be fulfilled.
27. International Users
27.1 Eligibility by Location
Our Products are intended for users in jurisdictions where such Products are legal. You are responsible for ensuring your use complies with local laws.
27.2 Currency and Language
Unless otherwise specified, all prices are in Canadian Dollars (CAD) and all content is provided in English.
We do not guarantee accurate translation into other languages.
28. Contact Information
If you have any questions about these Terms & Conditions, please contact us at:
The Nested (Nest) Co. Maternal Care
236 Westfield Road
Saskatoon, SK Canada S7V 1K8
Response Time: We strive to respond to inquiries within 2–7 business days.
29. Acknowledgment and Acceptance
BY COMPLETING YOUR PURCHASE, CHECKING THE ACCEPTANCE BOX, OR USING OUR PRODUCTS, YOU ACKNOWLEDGE THAT:
- You have read these Terms & Conditions in their entirety
- You understand these Terms and agree to be bound by them
- You have had the opportunity to seek independent legal advice if desired
- You are entering into a legally binding agreement
- You waive any claim that these Terms are invalid, unenforceable, or not legally binding
- You understand the no-refund policy and assume all risks associated with your purchase
Last Updated: 2026
