Terms and Conditions

Last updated: October 24, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

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.

Definitions

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.

  • 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.

Acknowledgment

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.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

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. 

Your Information

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.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability

  • 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. 

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.

Prices Policy

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.

Payments

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.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Intellectual Property

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.

Giveaways

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

Termination

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 Services

In additions to the terms and conditions and disclaimers provided to You on this Website, You understand that using Flange Sizing Services will be provided by Dr. Ashton Fortin Higgins. You understand that Dr. Ashton Fortin Higgins has completed 90 hours of Lactation Education by a Lactation Education Accreditation Approval Review Committee (LEAARC) Lactation Course, but is not an International Board Certified Lactation Consultant (IBCLC) nor a Certified Lactation Consultant (CLC). 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 during a consult for Flange Sizing Service, Dr. Ashton Fortin Higgins will examine You and Your breasts/chest visually and will make breast pump flange observations, and will provide information on breast pumping techniques and breast pumping equipment, and will make recommendations towards helping You reach Your exclusive pumping 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 Session. Dr. Ashton Fortin Higgins and the Exclusive Pumping Institute will use secure accounts, such as Google Meet to provide Your Flange Sizing Service to comply with Country privacy laws. 

Governing Law

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.

Disputes Resolution

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

 

Severability

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.

Waiver

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.

Translation Interpretation

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.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

Yes, I'm Interested in learning more about the LAEP Framework for Lactation Professionals!

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Email: ashton@exclusivepumpinginstitute.com

Phone: 905-246-3067

Mail: Dr. Ashton Fortin Higgins

         Exclusive Pumping Institute

         PO BOX 23013 - Seaway Mall

         Welland, Ontario

         L3C 7E7

         Canada

© 2021 Exclusive Pumping Institute