Terms of Use

Welcome to OctaveSleep.ca. Your use of this website, OctaveSleep.ca, is governed by the terms and conditions (“Terms”) appearing herein below, as updated from time to time. The current version of these Terms is indicated hereinabove. These Terms constitute a legally binding agreement between you and GoodMorning.com Inc. (hereinafter referred to as “OctaveSleep.ca”) the owner and operator of OctaveSleep.ca.

By using this website, you agree to these conditions. Please read them carefully.

We offer a wide range of Products & Services, and sometimes additional terms may apply. In addition, these terms and our privacy policy are subject to change without notice. An up-to-date version of the Terms and the Privacy Policy shall be available on OctaveSleep.ca. The current version of the Terms and the Privacy Policy shall be as indicated at the head of those documents. By using this website you agree to be bound by these Terms.

PRIVACY

Please review our Privacy Policy, which also governs your use of this website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When visiting OctaveSleep.ca, or when you send us emails, you are communicating with us electronically. By using OctaveSleep.ca you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this site. You consent that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through OctaveSleep.ca, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of OctaveSleep.ca or our content suppliers. This material is protected by Canadian and International copyright laws. All of the content included in or made available through OctaveSleep.ca is the exclusive property of OctaveSleep.ca and protected by Canadian and international copyright laws.

TRADEMARKS

“OctaveSleep.ca”, “Octave” and related icons and logos are registered trademarks or trademarks or service marks of OctaveSleep.ca and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

OTHER INTELLECTUAL PROPERTY

OctaveSleep.ca is the sole owner or lawful licensee of all the rights and interests of the website OctaveSleep.ca. OctaveSleep.ca has intellectual property rights protected under worldwide patent, copyright, and other laws. You agree not to infringe any or all of the title, ownership, and intellectual property rights of OctaveSleep.ca. You hereby indemnify OctaveSleep.ca to the extent of any breach of intellectual property rights by or through your use of OctaveSleep.ca. All rights not otherwise claimed under the Terms or by OctaveSleep.ca are hereby reserved.

PROPER USE AND ACCESS

You shall not engage in any activity directly or indirectly which undermines the integrity of the computer systems, networks and/or other electronics of OctaveSleep.ca and/or of other users of OctaveSleep.ca. You shall not gain and/or attempt to gain unauthorized and/or unlawful access to OctaveSleep.ca’s computer systems and networks and/or any and all data or information therein. You agree to use OctaveSleep.ca for your personal use only and shall in no event use any or all of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through OctaveSleep.ca for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on OctaveSleep.ca for purposes other than appearing in these Terms is prohibited.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account information and password on OctaveSleep.ca. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. OctaveSleep.ca does sell products for children. Adults can purchase products through OctaveSleep.ca with a credit card or other permitted payment method. If you are under 18, you may use OctaveSleep.ca only with involvement of a parent or guardian. OctaveSleep.ca reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. OctaveSleep.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant OctaveSleep.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OctaveSleep.ca and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify OctaveSleep.ca for all claims resulting from content you supply. OctaveSleep.ca has the right but not the obligation to monitor and edit or remove any activity or content. OctaveSleep.ca takes no responsibility and assumes no liability for any content posted by you or any third party.

INDEMNITY

You hereby agree to indemnify and save OctaveSleep.ca, our affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such your use of OctaveSleep.ca or Services (including but not limited to the display of your information on OctaveSleep.ca) or from your breach of any of the Terms. You hereby further agree to indemnify and save OctaveSleep.ca, our affiliates, directors, officers, and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to information about such third parties and/or any of their goods and/ or services. You also agree further that OctaveSleep.ca is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. OctaveSleep.ca reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with OctaveSleep.ca in asserting any available defenses.

COPYRIGHT COMPLAINTS

OctaveSleep.ca respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

RETURNS, REFUNDS AND TITLE

OctaveSleep.ca does not take title to returned items until such time as the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return, in this situation, OctaveSleep.ca does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.

DELIVERIES

Delivery timeframes communicated by OctaveSleep.ca are 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 OctaveSleep.ca be liable for deliveries going beyond the estimated timeframe.

FORCE MAJEURE

OctaveSleep.ca shall in no event be held responsible for delay and/or non-provision of the Services or Products, or unavailability of the Website for any reason whatsoever including but not limited to events beyond the reasonable such as Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

APPLICABLE LAW

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of and your purchase of products and/or services through OctaveSleep.ca. Any infraction of the Terms and Conditions shall be governed by the laws of Alberta and the laws of Canada without regard to any conflict of law provisions of your domicile residence or physical location. At our discretion, we may report any infractions or violations relating to the agreement to the appropriate authorities. You and OctaveSleep.ca each agree to submit to the personal and exclusive jurisdiction of the courts located within Alberta, Canada.