1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the website located at breathewellsleep.ca and any related content, features, or services (collectively, the “Site”).

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, as amended from time to time. If you do not agree, you must not use the Site.

2. No Medical or Dental Advice

The content on this Site is provided for general informational and educational purposes only and is not intended as medical, dental, or other professional advice, diagnosis, or treatment.

You should always seek the advice of a qualified physician, dentist, or other licensed health-care provider with any questions you may have regarding a medical or dental condition, including sleep apnea or related disorders.

Never disregard professional medical advice or delay seeking it because of something you have read on this Site. If you think you may be experiencing a medical emergency, call 911 or your local emergency number immediately.

3. Not a Provider–Patient Relationship

Use of this Site, including submitting information through contact forms, booking-request tools, or other interactive features, does not create a doctor–patient, dentist–patient, or other health-care professional–patient relationship.

Any clinical evaluation, diagnosis, or treatment decision must be made in person (or via an applicable telehealth platform) by a qualified, licensed professional in your jurisdiction.

4. Eligibility and User Responsibilities

You represent that you are at least the age of majority in your province or territory of residence and have the legal capacity to enter into these Terms.

You agree that you will:

Use the Site only for lawful purposes.

Not attempt to gain unauthorized access to any part of the Site or its systems.

Not upload or transmit any harmful code, spam, or content that is unlawful, defamatory, or infringing.

5. Accounts and Security

If the Site allows you to create an account:

You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.

You agree to notify us promptly of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at any time for any breach of these Terms.

6. Intellectual Property

All content on the Site, including text, graphics, logos, icons, images, audio or video clips, design, layout, and software, is owned by us or our licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only.

You may not copy, reproduce, modify, distribute, transmit, display, perform, or create derivative works from any part of the Site without our prior written consent, except as permitted by applicable law.

7. User Content

If you submit, upload, or otherwise provide any content to the Site (for example, reviews, comments, or testimonials):

You represent and warrant that you own or have all necessary rights to such content and that it does not infringe any third-party rights or violate any law.

You grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sublicensable right and license to use, reproduce, modify, publish, translate, distribute, display, and perform such content in connection with operating and promoting the Site and our services.

We may, but are not obligated to, monitor, edit, or remove user content at our sole discretion.

8. Third-Party Websites and Services

The Site may contain links to third-party websites or resources that are not owned or controlled by us. These links are provided for convenience only and do not imply any endorsement or responsibility for the content or practices of such third parties.

You access third-party sites and services at your own risk and must review the applicable terms and policies of those third parties.

9. Privacy

The collection, use, and disclosure of personal information through the Site are governed by our Privacy Policy, which is incorporated by reference into these Terms.

By using the Site, you consent to our handling of your personal information in accordance with the Privacy Policy and applicable privacy laws, including relevant Canadian and provincial legislation, where applicable.

10. No Guarantees; Service Modifications

The information and features on the Site are subject to change at any time without notice.

We do not guarantee the availability, accuracy, completeness, or timeliness of any information or services offered through the Site and may modify, suspend, or discontinue all or part of the Site at our sole discretion.

11. Disclaimer of Warranties

To the fullest extent permitted by law:

The Site and all content, information, and services provided through it are provided on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind, whether express, implied, or statutory.

We expressly disclaim all implied warranties or conditions, including any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

12. Limitation of Liability

To the fullest extent permitted by law:

In no event shall we, our affiliates, or our respective directors, officers, employees, contractors, or agents be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, data, or goodwill, arising out of or in connection with your use of, or inability to use, the Site, even if advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or relating to these Terms or the Site shall not exceed one hundred Canadian dollars (CAD 100) or the amount you paid to us (if any) for the specific service giving rise to the claim, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective directors, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or related to:

Your use of, or inability to use, the Site.

Your violation of these Terms or any applicable law.

Your violation of any rights of a third party.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or with the Site shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any conflict of law principles.

You agree that the courts of the Province of British Columbia shall have exclusive jurisdiction to hear any dispute arising under or in connection with these Terms, subject to any mandatory provisions of applicable consumer protection laws.

15. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Changes to These Terms

We may update or modify these Terms from time to time, at our sole discretion.

Your continued use of the Site constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Site.

17. Contact Information

If you have any questions about these Terms or the Site, you can contact:

Business name: BreatheWell Sleep and Airway

Address: #150, 10601 Southport Road SW Calgary, AB

Email: [email protected]

Phone: (403)225-4459