Terms of service

TOT PERCH INC.

TERMS & CONDITIONS

totperch.com

Ontario, Canada  —  Governing Law: Province of Ontario

Current as of:  March 17th, 2026 

Overview

Welcome to TotPerch.com (the “Site”). The terms “we,” “us,” and “our” refer to Tot Perch Inc., a corporation incorporated in the Province of Ontario, Canada. TotPerch.com is powered by Shopify, which enables us to provide you with a curated shopping experience (the “Services”).

These Terms and Conditions (the “Terms”), together with our Privacy Policy and any other policies referenced herein, describe your rights and responsibilities when using the Services. Please read them carefully, as they include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use or access the Services.

We reserve the right to update these Terms at any time. Material changes will be communicated in accordance with applicable law. Your continued use of the Services after changes are posted constitutes your acceptance.


Section 1 — Access & Account

By agreeing to these Terms, you represent that you are at least the age of majority in your province or state of residence, and that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, you may be asked to provide your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.


Section 2 — Products & Children’s Safety

The Tot Perch Training Seat is designed for children aged approximately 24 months to 6 years and supports a maximum weight of 60 lbs (approximately 27 kg). It is intended to be used under parental or caregiver supervision at all times.

By purchasing and using this product, you acknowledge and agree that:

  • The product must be used only as directed in the included product insert and at totperch.com.

  • Adult supervision is required during all use by a child.

  • Tot Perch Inc. is not responsible for injury, damage, or harm resulting from misuse, improper installation, unsupervised use, or use outside the stated age or weight range.

  • The product is designed for residential toilet use only and is not intended for commercial, institutional, or outdoor use.


Tot Perch Inc. is currently completing Children’s Product Certificate (CPC) testing in accordance with applicable US Consumer Product Safety Commission (CPSC) standards. No certification claims should be assumed beyond what is explicitly stated on our current product materials.


We have made every effort to accurately represent our products. However, colours and product appearance may differ from how they appear on your screen due to your device type and settings. We do not warrant that the quality of any product will meet your expectations or match depictions in our online store. All product descriptions are subject to change at any time at our sole discretion. We reserve the right to discontinue any product or limit quantities at any time.


Section 3 — Orders

When you place an order, you are making an offer to purchase. Tot Perch Inc. reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.


In the event we do not accept, change, or cancel an order, we will attempt to notify you using the contact information provided at the time of the order. Your purchases are subject to return or exchange solely in accordance with our Refund Policy — available at https://www.totperch.com/policies/refund-policy  


You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.


Section 4 — Pricing & Billing

All prices are displayed in Canadian dollars (CAD) unless otherwise specified. Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

We reserve the right to correct any pricing errors, inaccuracies, or omissions, and to update or cancel orders at any time without prior notice, including after an order is submitted. If a pricing error affects your order, we will contact you before processing.

You agree to provide current, complete, and accurate payment information for all purchases. You represent and warrant that (i) your credit card information is true, correct, and complete; (ii) you are duly authorized to use that card; (iii) charges incurred will be honoured by your card issuer; and (iv) you will pay all charges incurred at posted prices, including applicable taxes and shipping.


Section 5 — Shipping & Delivery

We ship to addresses within Canada and the United States. All delivery times are estimates only and are not guaranteed. Tot Perch Inc. is not responsible for delays caused by carriers, customs processing, weather, or other circumstances beyond our control.

Once we transfer your product to the carrier, title and risk of loss pass to you. If your shipment arrives damaged, please contact us within 7 days of delivery at hello@totperch.com.


Section 6 — Returns, Refunds & Guarantees

30-Day Money-Back Guarantee

If you are not completely satisfied with your Tot Perch Training Seat, you may return it within 30 days of delivery for a full refund of the purchase price. Return shipping costs are the responsibility of the customer unless the return is due to a defect or our error.

Fit Guarantee

If the Tot Perch Training Seat does not fit your toilet within the parameters described on our Site, contact us within 30 days and we will make it right — including a full refund if we cannot resolve the issue.

1-Year Warranty

Tot Perch Inc. warrants the product will be free from defects in materials and workmanship for one (1) year from the date of purchase under normal use conditions. This warranty does not cover damage from misuse, accidents, modification, or normal wear and tear.

How to Initiate a Return or Claim

Email hello@totperch.com with your order information. We aim to respond within 2 business days. Refunds will be issued to the original payment method within 5–10 business days of receiving the returned item.


Section 7 — Intellectual Property

All content on this Site — including text, images, graphics, logos, product photos, video, audio, and the design, selection, and arrangement thereof — is owned by Tot Perch Inc., its affiliates, or licensors and is protected by Canadian and international copyright and trademark law. The Tot Perch name and logo are trademarks of Tot Perch Inc.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent. Unauthorized use may violate applicable intellectual property laws. All rights not expressly granted are reserved by Tot Perch Inc.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other third-party names, logos, and marks are the trademarks of their respective owners.


Section 8 — Feedback & Submissions

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content (“Feedback”), you grant Tot Perch Inc. a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use, without compensation or attribution.

You represent and warrant that you own or have all rights to any Feedback you submit, and that it will not violate any third-party rights or contain unlawful, abusive, or obscene material. You are solely responsible for any Feedback you submit and its accuracy.


Section 9 — Privacy & Communications

Your use of the Site is also governed by our Privacy Policy, available at https://www.totperch.com/policies/privacy-policy. By using the Site, you consent to the collection and use of your information as described in that policy, in accordance with applicable Canadian privacy legislation including PIPEDA.

Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information about your access to and use of the Services. Information you submit may be transmitted to Shopify and third parties located in countries other than where you reside.

By placing an order, you may receive transactional emails related to your purchase. We may also send promotional communications. You may unsubscribe from marketing emails at any time using the unsubscribe link or by emailing hello@totperch.com. Transactional order emails cannot be opted out of.


Section 10 — Relationship with Shopify

TotPerch.com is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make are made directly with Tot Perch Inc. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Tot Perch Inc., including any injury, damage, or loss resulting from purchased products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Tot Perch Inc.


Section 11 — Optional Tools & Third-Party Links

You may be provided access to tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools “as is” without any warranties or endorsement, and we shall have no liability arising from your use of them.

The Services may also contain hyperlinks to third-party websites. We are not responsible for the content or accuracy of any third-party materials or websites. If you leave the Services to access third-party content, you do so at your own risk. Complaints or questions regarding third-party products should be directed to the relevant third party.


Section 12 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly:

  • For any unlawful or malicious purpose, or in violation of any applicable regulations, rules, or laws;

  • To infringe upon or violate our intellectual property rights or those of others;

  • To harass, abuse, harm, defame, intimidate, or discriminate against any person;

  • To transmit false or misleading information, spam, junk mail, chain letters, or unsolicited solicitations;

  • To impersonate any person or entity;

  • To upload or transmit viruses or malicious code;

  • To reproduce, duplicate, sell, resell, or exploit any portion of the Services;

  • To collect or track the personal information of others;

  • To use any robot, spider, scraping tool, automated process, or AI agent to access the Services without our consent;

  • To interfere with or circumvent the security features or authorization measures of the Services.


We reserve the right to suspend, disable, or terminate your access at any time without notice if we determine you have violated any part of these Terms.


Section 13 — AI Agents

This section applies if you use, allow, enable, or cause the deployment of an automated agent (“Agent”) to access, use, or interact with the Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of any person and that can be executed without direct supervision.

No Agent may access or interact with the Services unless it at all times: (i) identifies itself in all HTTP/HTTPS requests by including “Agent/[agent name]” in the user agent string; (ii) does not conceal or obfuscate that interactions are from an Agent; (iii) responds truthfully to any prompt seeking to determine if interactions are from a human or computer; and (iv) does not circumvent any measure intended to block or limit Agent access.

We may limit, including by technical measures, whether and how any Agent accesses the Services. We reserve the right to block any Agent at our discretion.


Section 14 — Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY TOT PERCH INC., THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN FULL.


Section 15 — Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL TOT PERCH INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

Our total liability to you for any claim arising from a purchase shall not exceed the purchase price you paid for the specific product giving rise to the claim.


Section 16 — Indemnification

You agree to indemnify, defend, and hold harmless Tot Perch Inc., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may control the defence and settlement of such claims at your expense but will not settle any claim requiring non-monetary obligations from you without your consent.


Section 17 — Termination

We may terminate this agreement or your access to the Services at any time without notice, in our sole discretion. You will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy.


Section 18 — Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario for resolution of any dispute arising from these Terms or your use of the Site.

If you are a consumer in another Canadian province or in the United States, nothing in these Terms limits any rights you may have under applicable consumer protection legislation in your jurisdiction.


Section 19 — Severability, Waiver & Entire Agreement

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed. The remaining provisions shall continue in full force and effect.

Our failure to exercise or enforce any right or provision shall not constitute a waiver of that right or provision. Any ambiguities in interpretation shall not be construed against the drafting party.

These Terms, together with our Privacy Policy and any other policies or operating rules posted on the Site, constitute the entire agreement between you and Tot Perch Inc. and supersede all prior agreements, communications, and proposals, whether oral or written.


Section 20 — Assignment

You may not delegate, transfer, or assign these Terms or any of your rights or obligations without our prior written consent. Any such attempt will be null and void. Tot Perch Inc. may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.


Section 21 — Changes to Terms

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Material changes will be communicated in accordance with applicable law and will be effective on the date specified in the notice.


Section 22 — Contact Information

Questions about these Terms should be sent to:

Tot Perch Inc.

Email: info@totperch.com

Support email: info@totperch.com

Website: www.totperch.com

Address: 1443 Tamarac St, Kingston, Ontario, Canada, K7M 7J2

Phone: 1 343 580 8850

Ontario Corporation Number: 1001555971


Tot Perch Inc.  —  We only bring you what works. Because you deserve the best.