Terms & Conditions
Effective Date 2021-11-11
Use of the Breathe Outdoors website or its content (the “Site”) constitutes your acceptance of and agreement to the terms and conditions set out below, which shall govern the use of the Site for all purposes including for the purposes of placing orders for and of purchasing the product offered. The terms, “we”, “us” and “our” refer to Breathe Outdoors and any of its affiliates.
These Terms and Conditions may be changed by us periodically at our discretion by updating this page. The most current version of these Terms and Conditions will govern your use of the Site. The “Effective Date” displayed at the top of this page will let you know when there has been a change. To read the most updated Terms and Conditions you should check this page on a regular basis. By continuing to access or use the Site after this page has been updated, you agree to be bound by the most recent version of the Terms and Conditions.
Applicable Law and Jurisdiction
These Terms and Conditions and all orders placed on the Site are governed by the laws of the Province of Alberta and any applicable law of Canada . The United Nations Convention on Contracts for the International Sale of Goods will not apply to orders placed on the Site. The courts of the Province of Alberta shall have exclusive jurisdiction to decide any disputes and you irrevocably attorn to the jurisdiction of the courts of the Province of Alberta.
Risk of Use of The Site
Your use of the Site shall be entirely at your risk. You may use the Site only for lawful purposes. When using the Site, you agree that you will not: (I) use the Site in any way that violates any local, provincial, national or international law; (ii) use the Site to resell any products or services unless as authorized in writing by us; (iii) attempt to gain unauthorized access to, or breach the security or authentication measures of the Site; or (iv) attempt to interfere with the proper working of the Site or any order made on the Site.
Liability and Indemnity
In no event will we be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not we are advised of the possibility of such damages, resulting from the use of, or the inability to make use of the Site.. You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors, assigns, employees, agents, subsidiaries and affiliates, harmless from any demand, loss, liability, claim or expense (including legal fees), due to or arising out of or in connection with your use of the Site.
Disclaimer and Content Changes
The Site is provided “as is”. We do not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the Site. We do not assume any responsibility for any errors, omissions or inaccuracies of the Site. To the fullest extent permitted by law, we disclaim all warranties, representations and conditions of any kind with respect to the Site whether express, implied or collateral, including, without limitation, representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the Site and implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the Site is or will be error-free or will operate without interruption.
We reserve the right to change or update all information posted hereon including information as to prices and item availability at any time without notice to you. We reserve the right to limit the quantity of items that you may buy and to cancel orders at any time at our discretion. All prices listed on the Site are subject to confirmation, in case of an incorrect price we reserve the right to cancel orders.
Currency and Sales Taxes
All prices listed on the Site are listed in and will be processed in Canadian dollars and unless otherwise stated shall not include sales taxes. By placing an order on the Site you agree to pay all charges associated with the order including any taxes, charges, fees, levies, or other assessments imposed or collected by any governmental entity.
While we will use reasonable efforts to deliver items purchased by you as quickly as possible, we are not responsible for delivery delays. All orders are delivered by third party carriers, and delivery is governed by the terms of the contract with the third party carrier. We reserve the right to cancel orders to certain destinations.
All information and material on the Site, including but not limited to text and graphic content, are the property of us and are protected by copyright, trade-mark and other intellectual property laws and treaty provision laws. Such information and material may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or otherwise exploited in any way or by any means without our written consent.
The unauthorized use of the name “Breathe Outdoors” and any and all trademarks (registered or unregistered), all domain names and all logos used or displayed on the Site is strictly prohibited.
Use of any image displayed on the Site without our written permission is strictly prohibited.
Contributed Content Prohibited
You may not contribute, post or transmit unauthorized, unlawful, defamatory, or threatening material on the Site, the posting of which may be actionable or may constitute a criminal offense, or violation of law. We reserve the right to refuse publication of, or remove any content deemed inappropriate.
We are not responsible or liable for content of websites hyperlinked to the Site. Such links are provided for your convenience only and do not constitute an endorsement by us of the content of such third party sites. Any access to other websites will be at your own risk.
These Terms and Conditions constitute the entire agreement between us and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site.