Terms and Conditions
Last updated: September 23, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Affiliate member of an association is excluded from this definition.
Country refers to: Ontario, Canada
Company(referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Exclusive Pumping Institute, Po Box 23013 - Seaway Mall, Welland, Ontario, L3C 7E7.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Exclusive Pumping Institute, accessible from https://www.exclusivepumpinginstitute.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. If you are under 18, parental consent would apply and the consenting adult should carefully read the terms and conditions of the Website.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Taking Part In The Lactation Attitude Reassessment Contributor Program
You understand that filling out a survey via Survey Monkey is of your own voluntary will. You understand you will not be compensated for filling out an application. You understand if selected, your choice to continue is voluntary. If you should feel any discomfort, you may consider reaching out to a local distress helpline or a medical professional. You understand that Dr. Ashton and the Exclusive Pumping Institute will not provide any special services, free care, or payment for any injuries because of your contribution to the Lactation Attitude Reassessment Program. You understand that treatment for any injuries will be at your own cost and/or paid through your medical plan. Selected participants will be compensated $20 Amazon.ca or $15 Amazon.com e-card once all the tasks of the contributor are completed, and within 72 hours of uploading the video content to Dr. Ashton.
EPI Breast Pumps
All breast pumps imported into Canada are only for the personal use of Dr. Ashton. No used pumps, (aside from Health Canada approved hospital multi-user pumps) are for rent/sale.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order & Booking Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. Rental Pump rentals are non-refundable, and rental pump kits are only refundable if they are in their sealed box. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to Your specifications or clearly personalized.
The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Booking Cancellation policy: Cancel with 48 hours + of scheduled appointment = 100% refund. Cancel with 24-48 hours of scheduled appointment = transferable to another available time, no refund will be provided. Cancel within 24 hours of scheduled appointment = No refund nor transfer will be provided.
Same Day 30 Day (Monthly) Texting Lactation Service: A cancellation reminder will be sent 7 days prior to renewal date via email or Practice Better Portal. You will continue to receive your service until the paid for 30 day period is complete. No refunds nor prorated refund amounts for unused months will be provided.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Our United States Dollar (USD) price approximates for all lactation services are not guaranteed as the daily exchange rate fluctuates. Price approximates are for informational purposes only, and We cannot be held responsible for the rate changed by Your credit card issuer. We refuse the right to provide You a refund solely due to exchange rate discrepancies.
From time to time, the Exclusive Pumping Institute hosts giveaways and only works with companies that the Company feels would be of interest to our readers. The Company facilitates giveaways, and depending on the product, may only be able to mail certain items within Canada due to the implications of exporting certain goods (i.e. supplements). If the identical product is available on Amazon.com (not Amazon.ca), the identical giveaway item may be mailed to US Giveaway winners. If there is no identical product available, the in lieu product or service will be noted here. The Company will not be held legally or financially responsible for the outcome of the use of the giveaway product. Giveaway winners should follow the Giveaway products instructions and disclaimers on the products themselves and/or on the Giveaway product's website. Giveaways are selected at random using wheel of names. Giveaway winners will be notified via Facebook Messenger to collect the information needed to distribute or obtain service.
MARCH 16 2021-APRIL 15 2021 TERMS
Current Giveaway on Exclusive Pumping Institute Facebook page*
1st Prize: One Bottle of FenuBoost (Canadians Only) and 1 Free Flange sizing appointment (Canadians & Non-Canadians) (Flange sizing appointment can be gifted).
2nd Prize: One Bottle of FenuBoost (Canadians Only) or 1 Free Flange sizing appointment (Non-Canadians) (Flange sizing appointment can be gifted).
Open to anyone who has liked the Exclusive Pumping Institute page on Facebook.
All information/disclaimers regarding FenuBoost can be found here: https://www.fenuboost.com/faq
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Taking Part In Flange Sizing & All Lactation Support Services
In additions to the terms and conditions and disclaimers provided to You on this Website, You understand that using Flange Sizing and any of the Lactation Support Services will be provided by Dr. Ashton Fortin Higgins, an International Board Certified Lactation Consultant (IBCLC) and a Doctor of Philosophy (PhD). Dr. Ashton Fortin Higgins is not a medical doctor (MD) and all recommendations involving medications, supplements, treatments and exercise are for information/educational purposes to be discussed with Your healthcare provider prior to starting by You. Dr. Ashton Fortin Higgins and the Company's services are provided through the skills and experience as an exclusive pumper, research conducted with exclusive pumpers who have filled out consent forms to participate, collective exclusive pumping education and research of evidence based practice via peer-reviewed journal articles on exclusive pumping and breast pump research. You understand that prior to any consultation Your completed lactation intake form is required before any service. If the form is incomplete at the start of Your consultation/Text Service. Failure to provide the completed lactation intake form prior to Your consultation risks cancellation with no refund as it is within the 24-hour no refund policy. You understand that during a consult for Flange Sizing and Lactation Support Services, Dr. Ashton Fortin Higgins may examine You and Your breasts/chest visually, Your infant's latch and/or will make breast pump flange observations. Dr. Ashton Fortin Higgins will provide information and education on improving your lactation journey for either You and/or Your infant, breast pumping techniques, breast pumping equipment, and will make recommendations towards helping You reach Your exclusive pumping and lactation goals. You understand no outcome can be guaranteed. You give Your consent to undergo a Breast Flange examination and assessment and know that You can withdraw Your consent at any time and that You are free to bring an additional person to any session to act as Your support person. You are able to ask any questions prior to, or during the Flange Sizing and/or the Lactation Support Consultation(s). Dr. Ashton Fortin Higgins and the Exclusive Pumping Institute will use secure accounts, such as Practice Better to provide Your Flange Sizing Service and/or the Lactation Support Consultation to comply with Country privacy laws. Texting services will be provided by the Practice Better application for 30 consecutive days. Should You purchase the Texting Support service, You agree to provide Your cell phone number, return Your completed intake form and Your email. Practice Better is a HIPAA, GDPR, and PIPEDA-compliant application. If for any reason Dr. Ashton Fortin Higgins deems the content sent inappropriate and non lactation related, Dr. Ashton Fortin Higgins reserves the right to terminate Your texting support service without refund. You understand that if Dr. Ashton Fortin Higgins is unavailable for 1 day, the Company will extend Your service 1 day and notify You by email or Practice Better. Should Dr. Ashton Fortin Higgins be unavailable for more than 1 day, the Company will notify You by email or Practice Better and extend Your service by the same number of days Dr. Ashton Fortin is unavailable (i.e. unavailable 3 days, Texting support extended by 3 days).
Texting Support (Subscriptions Prior to September 2023)
Texting services will be provided by the pMD application for 30 consecutive days. Should You purchase the Texting Support service, You agree to provide Your cell phone number and Your email. pMD is a HIPAA and PHIPA-compliant application. If for any reason Dr. Ashton Fortin Higgins deems the content sent inappropriate and non-lactation related, Dr. Ashton Fortin Higgins reserves the right to terminate Your texting support service without refund. You understand that if Dr. Ashton Fortin Higgins is unavailable for 1 day, the Company will extend Your service 1 day and notify You by email or pMD. Should Dr. Ashton Fortin Higgins be unavailable for more than 1 day, the Company will notify You by email or pMD and extend Your service by the same number of days Dr. Ashton Fortin is unavailable (i.e. unavailable 3 days, Texting support extended by 3 days).
EPMC Sizing (No longer offered as of September 2023)
This service is only offered by direct referral from Dr. Ashton Fortin Higgins to Canadian exclusive pumpers through a specific Facebook group. If You are entering the group solely to receive this service, You will be denied the EPMC Sizing service. Dr. Ashton Fortin Higgins will offer a one-time nipple diameter estimate service for free through PMD, a HIPAA/PHIPA compliant messenger service. You are welcome to send a follow-up photo/video using the new flange size 48-72 hours after using the new flange size for a quick visual assessment. Dr. Ashton Fortin Higgins cannot guarantee the specific outcome of Your new Flange size recommendation. You agree to provide Your cell phone number. Should you be experiencing any nipple discomfort, tears or bleeding You understand you are to discontinue the use of the flange immediately. Dr. Ashton Fortin Higgins is not responsible for any pain, discomfort, cracking, bleeding or nipple trauma that may occur from Your flange size recommendations. Should more extensive flange sizing be required, Dr. Ashton Fortin Higgins may suggest a paid service that would better suit Your needs. You are not required to use the recommended paid service. If for any reason Dr. Ashton Fortin Higgins deems the content sent inappropriate and non flange sizing related, Dr. Ashton Fortin Higgins reserves the right to terminate Your PMD interaction with Our company. Dr. Ashton Fortin Higgins can discontinue Your PMD service with Our company at any time for reasons such as, Your one-time flange sizing recommendation is complete, and/or Your inquiry(ies) require a paid service. As Dr. Ashton Fortin Higgins is offering this service for free, the flange size recommendation will be made within 48-72 hours, with occasional delays.
Nipple & Breast Photos/Videos via Practice Better (All services)
Our Company makes every attempt to keep Your photos and Your Videos are kept safe by using Practice Better, a healthcare platform that encrypts photos and videos. You are responsible for the security of Your own computer/tablet, email service and telephone. Risks of using Digital Communications The information could be requested, viewed, changed or deleted if others are allowed access to Your phone, tablet or email account. Information may be vulnerable if stored on a computer/device that has been compromised by viruses or malware. Organizations may have to disclose information where required by law or under court order. Electronic communications can be intercepted by third parties. Your data may be stored and / or accessed outside of Canada.
COVID - 19 Protocol Terms (For consultations prior to Septemer 2023).
By taking part in an in-person at home visit consultation service, You agree to answer a COVID screening questionnaire prior to Dr. Ashton Fortin Higgins' arrival to your home. You also agree to be temperature screened upon entry into the home. You and others in Your home except for baby will be required to wear a mask for the duration of the visit. You and others in Your home will need to sanitize their hands at the beginning of the appointment. I also recommend that the lactating parent / You wash(es) Their/Your hands to avoid sanitizer on breasts/chest while getting baby latch. Should You have any COVID symptoms 2 hours prior to service, the appointment can be transferred to a virtual appointment for the same time, and You will be refunded the PPE & Driving fee minus payment processing fees. Should You need to reschedule in-person due to COVID, proof of negative COVID testing is required before entering the home. Rescheduling requests non COVID related need to be made at least 24 hours in-advance. Cancelling within 48 hours of the appointment are fully-refundable. Cancelling within 24 hours of the appointment are non-refundable.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on out website: https://www.exclusivepumpinginstitute.com/terms