1. YOUR ACCEPTANCE OF TERMS AND USE OF THE SITE AND USER ACCOUNT
Welcome to Pause and Sleep, Inc. - trading as Pause&Sleep™ (the “Company” or “we”) under an Internet site, and any reference thereto herein, which includes http://pauseandsleep.com/ (the “Site”). For your convenience, the Site contains the terms and conditions under which we agree to do business with you.
All questions, inquiries or notices should be directed to:
Pause and Sleep, Inc. Enquires c/o 154 Norfinch Drive, Unit 8, Toronto, Ontario, Canada, M3N 1X6; Email: Support@PauseandSleep.com
Use of the Site and products offered by the Company (the “Products” or “Product”) are available to and may be purchased by only such individuals who are: (a) at least 18 years of age, and (b) capable of entering into enforceable and legally binding contracts. The Company, in its sole discretion, may at any time and for any reason, deny and/or reject any order made by anyone.
When you transact any business with the Company, including but not limited to your placing any order on the Site, you expressly acknowledge that this Agreement is enforceable and legally binding, and that it provides the binding terms and conditions for your use of the Site and the purchase of any Products. In submitting any order for any Product, you expressly certify that you read, understood, and agree to be bound by all of the provision of the Agreement.
The Site is being made available solely for your personal use only for browsing and purchasing the Products and communicating with us. You may NOT use the Site or its content: (a) for any commercial purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) for any unlawful purpose; (d) to violate any international, federal or provincial regulations, rules, laws, or local ordinances; (e) to infringe upon or violate the Company’s intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) to interfere with or circumvent the security features of the Site, or the Internet.
You may NOT resell or make commercial use of the Site, any of its content or any of the Products. You may NOT modify, adapt, translate or convert into another form any portion of the Site. You may NOT copy, reproduce, download, display, perform, transfer, transmit by telecommunication or publish any of the content of the Site by any means or in any form, other than for your own personal use. You may NOT access the Site from any jurisdiction where doing so would be illegal. You agree to use the Site only for its intended purpose and in a manner that is authorized. We reserve the right to terminate your authorization to use the Site should you violate any of the prohibited uses.
For certain activities on the Site, you are required to have an account name and a password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You agree to notify the Company immediately by email of any unauthorized use of your account. WE DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.
In order to facilitate purchase transactions on the Site, you may create a user account by providing an e-mail address and password. You represent and warrant that the information you provide to the Company upon creating an account on the Site and at all other times will be true, accurate, up to date, and complete. When you create an account, please note that your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You must not disclose your password to anyone. You agree to notify the Company immediately of any unauthorized use of your account. WE DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.Furthermore, you agree to notify us immediately of any breach in secrecy of your log-in or other user account information by e-mail to: Support@PauseandSleep.com.
2. PAUSE&SLEEP™ PRODUCTS
The Company is making the Site available solely for the purpose of enabling you to browse, gather information on, and purchase the Products described on the Site. We reserve the right to change the description of the Company’s Products or to discontinue offering any of the Company’s Products at any time and without notice as we determine to be necessary or appropriate. By using the Site to purchase Products, you agree you will use the Products only for personal use and not for any commercial, illegal or improper purpose. We reserves the right to limit the sales or quantities of sales of the Company’s Products to any person, geographic region or jurisdiction, and to exercise this right on a case-by-case basis as we determine to be necessary or appropriate. The Company timeframes for Product deliveries communicated to you are only estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall we be liable for deliveries going beyond the estimated timeframe.
3. INTELLECTUAL PROPERTY
4. BILLING AND SHIPPING
You agree to timely pay the purchase price for Products and related shipping and handling costs (if any) when such sums are due and owing as consideration for Company’s sale and delivery of the Products to you. Nothing herein requires you to pay shipping costs that are not clearly communicated to you at the time of purchase.
5. PAYMENT AND SHIPPING
The prices for the Products are displayed on the Site, and we will take reasonable efforts to make sure those prices are accurate. However, the prices displayed to you are subject to change at any time. Also, the displayed prices do not include applicable taxes. All transactions will be in Canadian dollars for Canadian customers and U.S. dollars for United States customers. There will be no undisclosed additional charge for shipping or handling. You agree to provide complete and up-to-date information for all purchases made using the Site. If incorrect, you agree to promptly update your information, including without limitation your email address, billing address, telephone number, and credit card number and expiration date. We reserve, in the Company’s sole discretion, the right to refuse, limit or cancel any order for any reason you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you using the e-mail address you provided at the time you place your order. You may cancel your order at any time prior to shipment of the purchased Products without penalty by contacting the Company via email at Support@PauseandSleep.com. Any order that has already been shipped may not be cancelled in this manner and is subject to the “Pause&Sleep Return/Exchange Policy”.
“Pause&Sleep™ Warranty” sets forth our warranties for each Product, all of which is incorporated hereunder. There is no guarantee or warranty that is not provided therein. You are required to carefully read “Pause&Sleep™ Warranty” prior to doing any business with the Company as part of this Agreement.
ALTHOUGH WE TAKE REASONABLE EFFORTS TO VERIFY THE CONTENT OF THE SITE, WE DO NOT REPRESENT OR GUARANTEE THAT THE CONTENT IS ACCURATE, COMPLETE, USEFUL, TIMELY OR RELIABLE OR THAT THE SITE WILL OPERATE WITHOUT ERROR OR DISRUPTION. THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THE SITE AND PRODUCTS OFFERED AT THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” BASIS ONLY, AND WE EXRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES PROVIDED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR PRODUCT OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS OR MALWARE FREE, (iii) THE QUALITY OF ANY CONTENT OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (v) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL. WE MAKE NO PROMISES AND DISCLAIM ALL LIABILITY FOR USE OF THE SITE OUTSIDE CANADA.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THE SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF THE COMPANY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT, YOUR USE OF THE SITE, AND YOUR PURCHASE AND USE OF ANY PRODUCT SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR PRODUCTS PURCHASED THROUGH THE SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. BY USING THE SITE OR TRANSACTING ANY BUSINESS WITH US, YOU EXPRESSLY AGREE TO THE JURISDICTION OF AND COURTS OF THE PROVINCE OF ONTARIO, CANADA AND THAT ONTARIO LAW GOVERNS YOUR RELATIONSHIP WITH THE COMPANY.
You hereby agree to indemnify and save the Company (and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors) from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use or misuse of the Site, your breach of this Agreement, your violation of any law or the rights of a third-party or as a result of any claims asserted by third party rights claimants. We shall provide written notice to you promptly of any such claim, suit, or proceeding. We also reserve the right, at the Company’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. ENTIRE AGREEMENT
14. GOVERNING LAW
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of the Enquiries at the email addresses set forth above. You agree to allow us to submit notices to you either through the email address provided. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party if transmitted by confirmed email; or (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt.
16. FORCE MAJEURE
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products available through the Site arising from any event beyond the Company’s reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather events, inability to secure transportation, governmental act or regulation, and other causes or events beyond the Company’s reasonable control, even if not similar to those which are hereinbefore listed.