TERMS AND CONDITIONS
This Agreement was last revised on July 24th, 2021.
www.bouncebacknbreathe.com (“Website”) owned and managed by BOUNCE BACK & BREATHE (“we,” “us,” or “our”) welcomes you.
“Product” or “Item” refers to the product or goods available for sale on the website.
“Service” or “Services” refers to the services available on the website (e.g. placing an order or writing a customer review)
“User”, “You” and “your” refers to the person who is accessing or taking any service from us.
“Customer” refers to the user who accesses the website and makes the payment for purchasing products available on the Website;
“We”, “us”, “our” are references to BOUNCE BACK & BREATHE;
”Website” shall mean and include https://www.bouncebacknbreathe.com, and any successor Website or any of our affiliates;
"Customer Account” shall mean an electronic account opened for the customer for purchasing products offered on the website;
All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
Words importing any gender shall include all the other genders.
Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.
IV. INTRODUCTION AND SCOPE
Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.
Eligibility: Certain Service of the Website is not available to users under the age of 16 or any users suspended or removed from the system by us for any reason.
Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
Bounce Back & Breathe is working to provide coping techniques & products to individuals who encounter mental health obstacles. In order for us to fulfill our mission we need your monetary assistance.
With all of our products, we focus on quality by having our products subject to rigorous quality checks before it reaches you.
VI. MODIFICATIONS TO THE SERVICE
We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by posting a revised version of the Terms incorporating the changes to its Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
For accessing the website and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.
You accept that the details you provide concerning establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
All the purchases from this website shall be governed by our terms and conditions.
If you make an Order for buying any product from our website. At the time of order, while providing your details you must be careful and warrant that the information provided is true and accurate.
You will only be charged as soon as you select product, quantity, shipping information, and enter your payment information.
Payment mode shall be:
- Online: Credit Cards and Debit cards;
Any order to purchase a product that you place with us is subject to acceptance by us.
If there is an error in the order confirmation, please contact us immediately by email at Info@bouncebacknbreathe.com.
We may refuse or unable to process your order if:
- Your card or PayPal account does not give authorization for the payment of the purchase price.
- You do not meet the eligibility to order criteria set out above.
The refund shall be applicable as per our Refund Policy.
We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
We take customer feedback very seriously and use it to constantly improve our products.
IX. GENERAL CONDITIONS
We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse- engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by bouncebacknbreathe.com in writing.
You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by bouncebacknbreathe.com in advance.
We reserve the right for any printing errors on this site as well as the final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality, and resolution. We always try our best to expose the products as accurately as possible.
X. GEOGRAPHIC RESTRICTION
We reserve the right, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.
XI. USER RESPONSIBILITIES
You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
You shall not use or access the Website for collecting any market research for some competing business;
You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;
You will not use any device, scraper, or any automated thing to access the Website for any means without taking permission.
You will inform us about anything that is inappropriate or you can inform us if you find something illegal;
You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, transmission mechanism, software, or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead bouncebacknbreathe.com or third-parties as to the origin of any Submissions or Content.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes, or third-party claims.
You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
XII. EXCLUSION OF LIABILITY
We accept no responsibility for delays/errors due to circumstances outside of our ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or non-delivery from the supplier.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.bouncebacknbreathe.com Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall BOUNCE BACK & BREATHE, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.
XIII. TYPOGRAPHICAL ERRORS
While bouncebacknbreathe.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. www.bouncebacknbreathe.com cannot confirm the price of an item until after you order. If an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, bouncebacknbreathe.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is mispriced, bouncebacknbreathe.com may, at our discretion, either contact you with instructions or cancel your order and notify you of such cancellation.
XIV. NO RESPONSIBILITY
We are not responsible to you for:
any losses you suffer because the information you put into our website is inaccurate or incomplete; or
any losses you suffer because you cannot use our website at any time; or
any errors in or omissions from our website; or
any unauthorized access or loss of personal information that is beyond our control.
XV. THIRD-PARTY LINKS
The Website may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
XVII. ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
XVIII. LIMITATION OF LIABILITY
The website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.
We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties rights, and fitness for a particular purpose, and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation with any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages.
The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the website. The website may contain information on certain services, not all of which are available in every location. A reference to a service on the websites does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.
XIX. COPYRIGHT AND TRADEMARK
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other product and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.
If a dispute arises between you and the website www.bouncebacknbreathe.com, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and mobile application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a "Claim") following this section entitled "Dispute Resolution." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.
For any claim arising between you and www.bouncebacknbreathe.com (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the laws of the United States of America and the State of California without giving effect to any principles of conflicts of law. The Courts of the State of California shall have exclusive jurisdiction over any dispute arising from the use of the Website.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at Info@bouncebacknbreathe.com.