Last updated: August 10, 2026
These Terms of Use (the “Terms”) govern access to and use of the websites operated by Mind Games, including mindgames.ca, mindgamesandtoys.com, email-mindgames.com and any other website, online store or digital service that links to these Terms (collectively, the “Site”). In these Terms, “Mind Games,” “we,” “us” and “our” refer to the Mind Games business operating the Site, and “you” and “your” refer to each person who accesses or uses the Site.
By accessing or using the Site, creating an account or placing an order, you acknowledge that you have read, understood and agreed to these Terms and any policies incorporated into them by reference. If you do not agree, you must not access nor use the Site.
1. Eligibility
You must have reached the age of majority in your province, territory or state of residence to create an account or place an order through the Site. If you have not reached the age of majority, you may use the Site only with the involvement and consent of a parent or legal guardian.
You may not use the Site or purchase products for any unlawful or unauthorized purpose. By using the Site, you represent that the information you provide is complete, accurate and current and that your use of the Site complies with applicable law.
2. Online Store Platform
Our online store is hosted by Shopify. Shopify provides the ecommerce platform that enables us to offer products and services to you. Your transactions with Mind Games are also subject to the terms and policies applicable to any payment provider, accelerated checkout service or other third-party service you choose to use.
References to Shopify or another service provider do not make that provider the seller of products purchased from Mind Games, unless expressly stated otherwise.
3. Use of the Site
Mind Games grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Site for lawful, non-commercial purposes and in accordance with these Terms.
Mind Games may modify, suspend or discontinue any aspect of the Site from time to time, subject to applicable law. We may also refuse service, restrict access or cancel accounts where reasonably necessary to protect the Site, our customers, Mind Games or third parties, or where we reasonably believe these Terms or applicable law have been violated.
4. Prohibited Uses
You may not use the Site or its content:
- For any unlawful, fraudulent, deceptive or unauthorized purpose;
- To violate any applicable international, federal, provincial, territorial, state or local law, regulation or ordinance;
- To infringe or violate the intellectual property, privacy, publicity or other rights of Mind Games or any third party;
- To harass, abuse, threaten, defame, discriminate against or harm another person;
- To submit false, misleading or malicious information;
- To transmit viruses, malware, malicious code or other harmful technology;
- To spam, phish, pharm, pretext, spider, crawl, scrape or harvest information or content without prior written authorization;
- To collect, track or use the personal information of others without lawful authority;
- To interfere with or circumvent the security, operation or integrity of the Site or any related system or network;
- To gain unauthorized access to an account, system, service or network;
- To use the Site in a way that could damage, disable, overburden or impair it; or
- To use Site content for unauthorized commercial purposes.
We may restrict or terminate access to the Site where we reasonably believe this section has been violated.
5. Products and Services
Products and services displayed on the Site are subject to availability. Certain products or services may be available exclusively online or in limited quantities. Product selection, pricing and availability may differ between the Site and Mind Games retail locations.
We make reasonable efforts to display product colours, images, dimensions and other details accurately. Actual colours and appearance may vary depending on the product, packaging, production run and device display. Product images may include props, accessories or packaging not included with the product. Please review the applicable product description before purchasing.
We may limit the sale of products or services by person, household, geographic region, jurisdiction, account, payment method or order, where reasonably necessary and subject to applicable law. Purchase and quantity limits may be applied or changed at any time before order acceptance, including for limited-release, collectible, promotional or high-demand products.
We may discontinue a product or service at any time. Any offer made through the Site is void where prohibited by law.
6. Pricing, Taxes and Availability
Mind Games makes reasonable efforts to ensure that product descriptions, prices, promotions and availability are accurate and current. Errors, inaccuracies or omissions may nevertheless occur.
Unless otherwise stated, prices are displayed in the currency indicated on the Site and do not include applicable taxes, shipping charges, duties or other charges that may be presented before you complete checkout.
Prices, promotions and availability may change without notice before an order is accepted. Subject to applicable law, Mind Games may correct a pricing, product, promotional, availability, typographical, technical or system error and may decline or cancel an affected order before acceptance. We will not substitute a higher price without giving you an opportunity to review and authorize the revised amount.
If payment has been processed for an order that is cancelled, the affected amount will be refunded to the original method of payment. Nothing in this section limits any non-waivable right or remedy available under applicable law.
7. Orders and Acceptance
Submitting an order constitutes an offer to purchase the products identified in the order. An automated order confirmation acknowledges receipt of your order but does not constitute acceptance by Mind Games.
Mind Games may, before accepting an order and subject to applicable law:
- Verify product, payment, billing, shipping or account information;
- Request additional information or authorization;
- Apply or enforce purchase and quantity limits;
- Decline or cancel an order affected by an error, unavailability or inability to fulfil;
- Decline or cancel an order where payment cannot be authorized or verified; or
- Decline or cancel an order where fraud, misuse, resale activity or unlawful conduct is reasonably suspected.
An order is accepted only when Mind Games sends confirmation that the order has shipped or is ready for pickup. Each product included in an order may constitute a separate sale, and part of an order may be accepted or cancelled independently where permitted by law.
Once an order has been accepted, cancellations, returns and refunds are governed by our applicable Return Policy and any mandatory rights available under law.
8. Billing and Account Information
You agree to provide complete, current and accurate purchase, billing, shipping and account information. You must promptly update your information, including your email address and payment details, where necessary to complete a transaction or communicate with you about an order.
You represent that you are authorized to use the payment method submitted with an order. You authorize Mind Games and its payment-service providers to process the charges, refunds and other transaction adjustments associated with your order.
We may correct billing errors and may request information reasonably required to confirm your identity, authority, payment method, billing address or shipping address. We are not responsible for delays or additional costs resulting from inaccurate or incomplete information supplied by you, except to the extent caused by Mind Games or prohibited by law.
9. Shipping, Delivery and Store Pickup
Orders may be shipped only to eligible destinations and are subject to the rates, restrictions and delivery terms disclosed at checkout and in our Shipping Policy.
Delivery and pickup dates are estimates unless expressly stated otherwise. Delays may occur due to carrier operations, weather, customs, high order volumes, supply interruptions or other circumstances beyond our reasonable control. Nothing in this section limits any delivery right or remedy that cannot be excluded under applicable law.
You are responsible for providing complete and accurate delivery information and, where applicable, for collecting a pickup order within the stated period. Questions concerning delayed, missing, damaged or incorrectly delivered orders should be directed promptly to Mind Games Customer Service so the matter can be reviewed.
10. Returns, Refunds and Exchanges
Returns, refunds and exchanges are governed by the Return Policy presented on the Site and any additional terms disclosed at the time of purchase. The Return Policy is incorporated into these Terms by reference.
Nothing in these Terms or the Return Policy limits any non-waivable right or remedy available under applicable consumer-protection law.
11. Promotions, Discount Codes and Gift Cards
Promotions, contests, giveaways, discount codes, gift cards and loyalty offers may be subject to additional terms disclosed with the applicable offer. Unless otherwise stated, promotional offers:
- Are available for a limited time and while supplies last;
- May not be combined with another offer;
- May be limited by customer, household, account, transaction, product, category or location;
- Have no cash value and cannot be exchanged for cash; and
- May be modified, suspended or withdrawn before redemption where permitted by law.
Mind Games may reject or cancel the unauthorized, fraudulent or abusive use of a promotion, discount code, gift card or loyalty offer, subject to applicable law. Gift cards are also governed by the terms disclosed at purchase or on the gift card and by applicable law.
12. Accounts and Security
Certain Site features may require an account. You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account, except to the extent resulting from a security failure attributable to Mind Games or otherwise provided by law.
Account information must be complete, accurate and current. You must notify Mind Games promptly if you know or reasonably suspect that your account has been accessed or used without authorization.
Mind Games may request information reasonably required to verify an account holder’s identity or authority. Access may be restricted or suspended where verification cannot be completed or where unauthorized, fraudulent or unlawful activity is reasonably suspected.
13. Wish Lists
By creating a Mind Games wish list, you confirm that you have reached the age of majority in your province, territory or state of residence or have the consent of a parent or legal guardian, and you authorize Mind Games to collect and use the information provided to administer the wish list.
Depending on the privacy options selected, wish-list information may be available to individuals who search for or access the list. This may include the creator’s name, alternate name, recipient’s name, city, province or state, event date and selected products.
If you provide personal information concerning another person, you represent that you have the authority or consent required to provide and use that information for the intended purpose.
Additional information concerning the collection and use of personal information is available in the Mind Games Privacy Policy.
14. Electronic Communications
Mind Games may send transactional and service-related communications concerning orders, accounts, customer-service inquiries, security, policy updates and other business matters.
Marketing communications will be sent in accordance with applicable law and the preferences or consent provided by the recipient. You may unsubscribe from marketing communications at any time by using the unsubscribe link included in the message or by contacting Mind Games Customer Service.
Unsubscribing from marketing communications will not prevent Mind Games from sending communications reasonably required to administer an order, account, request or existing business relationship.
15. Privacy and Cookies
Mind Games collects, uses and discloses personal information in accordance with its Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.
The Site may use cookies and similar technologies to operate the Site, remember preferences, prevent fraud, understand Site usage, personalize content and advertising where permitted, and improve the customer experience. Additional information and available privacy choices are described in our Privacy Policy, Cookie Policy and any consent or opt-out tools made available on the Site.
Certain services are delivered with the assistance of Shopify and other service providers. Personal information may be shared with those providers as reasonably necessary to provide their services and in accordance with applicable privacy law and our Privacy Policy.
16. Optional and Third-Party Tools
The Site may provide access to tools, applications, payment options or services operated by third parties. We do not control third-party services and do not make warranties concerning them. Your use of a third-party service may be governed by that provider’s own terms and privacy policy.
To the extent permitted by law, Mind Games is not responsible for loss arising solely from your use of an optional third-party service. This does not limit responsibility that Mind Games cannot lawfully exclude.
17. External Links
The Site may contain links to websites, content, products or services operated by third parties. These links are provided for convenience and do not constitute an endorsement, approval or guarantee by Mind Games.
Mind Games does not control third-party websites and is not responsible for their content, privacy practices, security or availability. You should review the terms and policies of a third party before engaging in a transaction or providing personal information.
18. Reviews, Feedback and Submitted Content
If you submit a review, photograph, video, comment, idea, suggestion or other content to Mind Games (“Submitted Content”), you represent that:
- You own or otherwise have the right to submit the content;
- The content is accurate to the best of your knowledge;
- The content does not violate applicable law or the rights of another person; and
- The content does not contain unlawful, abusive, defamatory, malicious or deceptive material or harmful code.
You retain ownership of your Submitted Content. You grant Mind Games a non-exclusive, worldwide, royalty-free, sublicensable license to host, use, reproduce, adapt, publish, translate, display, distribute and share the Submitted Content for operating, improving and promoting Mind Games and the Site, in any media, subject to applicable law and our Privacy Policy.
Mind Games may moderate, decline, edit or remove Submitted Content that it reasonably believes is unlawful, misleading, offensive, infringing, irrelevant or inconsistent with these Terms. We are not obligated to keep Submitted Content confidential, compensate you for it or respond to it unless required by law or separately agreed in writing.
19. Intellectual Property
The Site and its content—including text, graphics, photographs, videos, logos, trademarks, product presentations, software, designs and other materials—are owned by or licensed to Mind Games and are protected by applicable intellectual-property laws.
No Site content may be copied, reproduced, modified, republished, distributed, displayed, transmitted, sold, licensed or otherwise used without prior written authorization from Mind Games, except for personal use of the Site or as otherwise permitted by applicable law.
Third-party names, trademarks and product imagery appearing on the Site remain the property of their respective owners. Their appearance does not grant any license or right of use and does not necessarily indicate sponsorship or endorsement.
20. Errors, Inaccuracies and Omissions
Information on the Site may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
Subject to applicable law, Mind Games may correct an error or update information at any time. If an error affects an order, the order will be addressed in accordance with Sections 6 and 7 of these Terms. We are not obligated to update historical, archived or immaterial information except as required by law.
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Sites will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order.
21. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Site and its content are provided on an “as is” and “as available” basis. Mind Games does not warrant that the Site will always be available, uninterrupted, timely, secure or free from errors, viruses or harmful components, or that Site content will always be complete, accurate or current.
This disclaimer applies to the Site and its content and does not exclude any statutory warranty, condition, guarantee, product obligation, consumer right or remedy that cannot lawfully be excluded or limited.
22. Limitation of Liability
To the fullest extent permitted by applicable law, Mind Games and its directors, officers, employees, affiliates, agents and service providers will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss arising from access to or use of, or inability to access or use, the Site, including loss of data, revenue or profits.
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, death or personal injury caused by negligence, breach of confidentiality or privacy obligations, or any other liability that cannot lawfully be excluded or limited.
Where liability cannot lawfully be excluded, it will be limited only to the maximum extent permitted by applicable law. This section does not limit remedies available under mandatory consumer-protection law.
23. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Mind Games and its affiliates, directors, officers, employees and agents from third-party claims, losses, liabilities and reasonable costs arising directly from your unlawful use of the Site, your material breach of these Terms or your infringement of another person’s rights.
This section does not require you to indemnify any person for that person’s own negligence, willful misconduct or breach of law, and it does not limit any non-waivable consumer right or remedy.
24. Suspension and Termination
These Terms remain effective while you use the Site. You may stop using the Site at any time.
Mind Games may suspend or terminate your access to the Site or an account where reasonably necessary because of a material breach of these Terms, unlawful or fraudulent conduct, misuse of the Site, a security risk, or conduct that may harm Mind Games, its customers or third parties. Where appropriate and legally required, we will provide notice and a reasonable opportunity to address the issue.
Termination does not affect rights or obligations that arose before termination. Provisions that by their nature should continue—including provisions concerning intellectual property, Submitted Content, disclaimers, liability, indemnification, governing law and general interpretation—will survive termination.
25. Force Majeure
To the extent permitted by law, Mind Games will not be responsible for delay or failure caused by events beyond its reasonable control, including severe weather, natural disaster, fire, labour disruption, transportation or carrier interruption, supply-chain disruption, telecommunications or utility failure, cyberattack, governmental action, public-health emergency or similar event.
Nothing in this section limits any refund, cancellation, delivery or other right that cannot lawfully be excluded.
26. Changes to These Terms
Mind Games may update these Terms from time to time to reflect changes to the Site, our business practices or applicable requirements. The revised version will be posted on the Site with an updated “Last updated” date.
Changes apply prospectively from the date they are posted or another stated effective date. Continued use of the Site after an update constitutes acceptance of the revised Terms, except where additional notice or consent is required by applicable law. The terms applicable to a completed transaction are generally those in effect when the transaction was entered into, unless the parties agree otherwise or applicable law requires a different result.
27. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.
This section does not require a consumer to waive any mandatory protection, forum or remedy available under the laws of the jurisdiction in which the consumer resides.
28. General Provisions
Entire agreement. These Terms and the policies and additional terms incorporated by reference constitute the entire agreement between you and Mind Games concerning the Site and supersede prior communications concerning the same subject matter.
Order of precedence. If additional terms expressly applicable to a product, service, promotion or feature conflict with these Terms, the additional terms govern that subject matter. Mandatory law prevails over any inconsistent provision.
No waiver. A failure or delay by Mind Games in exercising a right does not waive that right.
Severability. If any provision is determined to be invalid, unlawful or unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue in effect.
Assignment. You may not assign these Terms or an account without prior written consent from Mind Games. Mind Games may assign these Terms in connection with a merger, reorganization, financing, sale of assets or transfer of the applicable business, subject to applicable law and without reducing your mandatory rights.
Headings. Section headings are included for convenience and do not affect interpretation.
29. Contact Us
Questions about these Terms may be directed to:
Mind Games
380 Bentley Street, Unit 1
Markham, Ontario L3R 3L2
Canada
customerservice@mindgames.ca