Terms of service
THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
BY USING THE SITE OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE. YOU SHALL NOT USE THE SITE OR ORDER PRODUCTS OR SERVICES FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SERVICE, (B) HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
1.AGREEMENT. These terms and conditions (these “Terms of Service” or “Terms”) apply to your use of this website (this “Site”) and the purchase and sale of products and services through the Site. This Site is owned and operated by DREO INNOVATION INC. (“DREO”, “we”, “us”, or “our”). DREO can be reached at 56A Mill St E, Unit #335, Acton, ON L7J 1H3, Canada. We may change these Terms without prior written notice to you at any time, in our sole discretion. The latest version of these Terms will be posted on this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2.PRIVACY. Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms. Our Privacy Policy governs the processing of all personal information collected from you in connection with your use of the Site.
3.SITE CONTENT. This Site is provided “as is” and may use internet services that are not under our direct control. We make no representations or warranties that this Site or its features will always be accessible or that it will function in an error-free manner. This Site may provide links to other websites. These Terms or our Privacy Policy may not apply to those other websites, which may have their own terms and policies.
4.INTELLECTUAL PROPERTY. All content on this Site including without limitation graphics, logos, trademarks, images, and software is, and shall continue to be, the property of DREO or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of this Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
5.SITE USE. We grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You shall not copy content from the Site, reverse engineer or hack into the Site, or use materials, products or services in violation of any law.
6.COMPLIANCE WITH LAWS. You shall comply with all applicable laws regarding your use of this Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
7.THIRD PARTY SERVICES. This Site may include content, products, promotions, or services provided by a third-party that utilizes, integrates with or is ancillary to the services offered on this Site, including, but not limited to, social media platforms, websites, advertisers, payment processing, and/or reporting services (collectively, the "Third-Party Services"). We may reference, enable you to access, or promote (including on this Site) Third-Party Services. Further, we may, now or in the future, implement tools through this Site that enable you to link or export information from this Site to Third-Party Services, including features that allow you to link your account to such third-party services or interact with Third-Party Services. By using the Third-Party Services, you acknowledge and agree that we may transfer such information to the applicable Third-Party Service, at your direction, consistent with our Privacy Policy. The Third-Party Services are provided for your convenience only and DREO does not approve, endorse, or recommend any Third-Party Services. All statements and/or opinions expressed on or via the Third-Party Services, and any materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Your access to and use of any Third-Party Service is at your own risk. DREO disclaims responsibility and liability for your use of any Third-Party Service to the fullest extent permitted by applicable law. Providers of Third-Party Services may require you to accept their own terms of use prior to accessing their Third-Party Service and any information you provide to such Third-Party Services may be subject to separate privacy policies. DREO is not a party to those agreements; they are solely between you and the provider of Third-Party Services.
8.ONLINE STORE. Our online store is hosted by Shopify Inc., which provides us with an online e-commerce platform that allows us to sell our products and services to you. When you place an order for any products or services through this Site, you agree to Shopify Inc.’s applicable terms of service and acknowledge its applicable privacy policy.
9.ORDER PLACEMENT. You may order our products through this Site. You may add the product(s) you wish to purchase to your cart, after which you will go through our checkout procedure where you will enter your contact details, delivery and billing information. Please confirm your order is correct, including the product(s), delivery address, applicable taxes, shipping charges, and total amount, before clicking the “pay now” button or otherwise submitting your order.
10.ORDER ACCEPTANCE AND CANCELLATION. You acknowledge that when you place an order for any products or services that we offer through this Site, your order is an offer to buy, under these Terms, all products and services listed in your order. If we do not accept an order that you place through this Site, we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion, subject to applicable law. After we receive and accept your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between DREO and you will not take place unless and until you have received your order confirmation email. We reserve the right to suspend the supply of products that we make available through this Site for any reason, including (a) to resolve any technical issues, (b) to update the product(s) to reflect changes in relevant laws and regulatory requirements, or (c) to make changes to the product(s) as notified by us to you.
11.PAYMENT TERMS. All applicable prices are set forth alongside the goods and services offered on this Site. Unless otherwise stated, all prices displayed on this Site for Canada are in Canadian dollars (CAD). Such prices are subject to change at any time by us in our sole discretion. If you place an order for a product through this Site before the price changes and we accept your order, the price for your order will be as stated on this Site at the time when you placed your order, subject to these Terms and applicable law. You will be responsible for the prices stated at the time of your transaction, as well as any applicable taxes, shipping and handling charges, and other charges shown at checkout. Applicable taxes will be calculated and displayed at checkout. We accept the payment methods shown at checkout. Available payment methods may include Shop Pay, Visa, Mastercard, American Express, Diners Club, Discover, Apple Pay, and Google Pay. By using any such card or payment provider, you represent and warrant to us that you have full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
12.PRICING AND TYPOGRAPHICAL ERRORS. We make reasonable efforts to display accurate product information, pricing, availability, promotions, and other content on this Site. However, pricing, typographical, technical, promotional, availability, or product information errors may occur. Subject to applicable law, we reserve the right to correct any such errors at any time and to reject or cancel any order affected by such error, even if the order has been submitted or confirmed. If we cancel an order after you have been charged, we will refund the amount charged for the cancelled portion of the order.
13.DISCOUNT CODES. From time to time, we may make available discount codes (“Codes”) via email or other marketing channels. Codes will allow a discount to be applied to a new order through this Site. To apply a Code, you must apply it where specified during the check-out process. You acknowledge that (a) Codes are only valid for the period of time as specified in the relevant email or marketing communication, (b) except as expressly stated in the relevant email or marketing communication, Codes are only valid on full-priced items and cannot be used on sale or promotional items, (c) you may only apply one Code per order, (d) Codes cannot be exchanged for cash, are non-transferable, and cannot be applied towards delivery charges, taxes, or other charges unless expressly stated otherwise, and (e) we reserve the right to withdraw, amend or extend offers at any time on reasonable notice, subject to applicable law. We provide specific offer terms and conditions with each Code. For specific information relevant to that Code, you must refer to the email or marketing communication on which it is featured.
14.SHIPMENTS. We will arrange for shipment of the products to you. You shall pay all shipping and handling charges specified during the ordering process. Title and risk of loss with respect to any products you order through this Site pass to you upon delivery, subject to applicable law. While we will use reasonable efforts to meet the shipping and delivery dates provided online, you acknowledge that we will not be responsible for delays in shipments caused by carriers, weather, supply chain disruption, incorrect shipping information, or other circumstances outside our reasonable control. All shipments of products purchased through this Site are subject to our Shipping Policy, which is incorporated into these Terms.
15.RETURNS. If you, for any reason, are not satisfied with your order, all returns are subject to our Refund Policy, which is incorporated into these Terms.
16.REPRESENTATIONS AND WARRANTIES. You represent and warrant to us as follows: (a) that you have the right to enter into any transaction contemplated under these Terms without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (b) that you will not use the products purchased through this Site in any way that would violate any applicable law or third party right of any kind; and (c) that you are purchasing products through this Site for solely your own use, and not for resale and/or export.
17.LIMITED WARRANTY. Our warranty terms and conditions, including certain disclaimers and limitations on our liability with respect to products, are available here and are incorporated into these Terms. Your owner’s manual may also contain the terms and conditions of our limited warranty with respect to any products you purchase through this Site. To obtain warranty service on your product, or if you have any questions regarding our limited warranty, you may contact us at ca-support@dreo.com.
18.DISCLAIMER. The information on this Site is provided on an “as is,” “as available” basis. You acknowledge that use of this Site is at your sole risk. To the fullest extent permitted by applicable law, DREO disclaims warranties, representations, and conditions of any kind with respect to this Site, including but not limited to express warranties, statutory warranties, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Nothing in these Terms is intended to limit or exclude any mandatory rights, legal warranties, or remedies available to you under applicable consumer protection laws.
19.INDEMNIFICATION. You shall indemnify, defend and hold DREO and its partners, employees, and affiliates (collectively, the “DREO Parties”), harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of these Terms or use of this Site, to the fullest extent permitted by applicable law.
20.LIMITATION OF LIABILITY. In addition to the disclaimers and limitations on our liability set forth in our Warranty Terms and Conditions, and to the fullest extent permitted by applicable law, DREO will not be liable or responsible for any indirect, incidental, consequential, special, exemplary, punitive, or other similar damages, including damages from loss of business, lost profits, litigation, loss of data, or business interruption, under any legal theory, arising out of or in any way relating to your use of this Site, your inability to use this Site, or your purchase or use of products or services through this Site, even if we have been advised of the possibility of such damages.
You may have additional rights under certain laws, including consumer protection laws, which do not allow the exclusion or limitation of certain damages. The exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
21.GOVERNING LAW AND JURISDICTION. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those laws, subject to any mandatory consumer protection laws that apply in your province or territory of residence.
22.DISPUTE RESOLUTION AND OPTIONAL POST-DISPUTE ARBITRATION.
23.ANY CLAIM, DISPUTE OR CONTROVERSY, WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS, BETWEEN YOU AND DREO ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THIS SITE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, MAY BE RESOLVED THROUGH THE COURTS, SMALL CLAIMS COURT, A CONSUMER PROTECTION FORUM, OR ANY OTHER FORUM AVAILABLE UNDER APPLICABLE LAW, UNLESS, AFTER THE DISPUTE HAS ARISEN, YOU AND DREO MUTUALLY AGREE IN WRITING TO RESOLVE THAT SPECIFIC DISPUTE BY ARBITRATION.
24.If, after a dispute has arisen, you and DREO mutually agree in writing to submit that dispute to arbitration, the arbitration will be administered by an arbitration institution, arbitrator, rules, procedures, location, language, and governing law mutually agreed by you and DREO at that time, subject to applicable law. Any such arbitration agreement will apply only to the specific dispute for which it is made.
25.Subject to applicable law and the terms of any post-dispute arbitration agreement between you and DREO, the arbitrator will have authority to resolve the dispute submitted to arbitration and will be empowered to grant whatever relief would be available under applicable law or in equity. Any award of the arbitrator will be final and binding on each of the parties to that arbitration and may be entered as a judgment in any court of competent jurisdiction, where permitted by applicable law.
26.If you and DREO agree to arbitration after a dispute has arisen, the arbitration may be held in the province or territory in which you reside, at another mutually agreed location, by telephone and/or video conference, or based solely on written submissions, unless the arbitrator or applicable law requires otherwise. Either you or DREO may attend an in-person hearing by telephone and/or video conference, unless the arbitrator requires otherwise.
27.Each party will bear its own costs, expenses, and legal fees in connection with any dispute or arbitration, unless otherwise agreed in writing after the dispute has arisen, required by applicable law, provided under the applicable arbitration rules agreed by the parties, or ordered or awarded by a court, tribunal, or arbitrator.
28.Nothing in these Terms will be construed as requiring you to waive any right to litigate claims in a court, small claims court, consumer protection forum, or other forum available under applicable law, or to commence or participate in a class action, representative action, or consolidated proceeding where such rights cannot be waived under applicable law.
29.Notwithstanding any agreement to arbitrate made after a dispute has arisen, you may pursue a claim in small claims court or any other court or consumer forum available to you under applicable law. Any small claims court proceeding will be subject to the rules and jurisdictional limits of that court.
30.If any provision of this Section is found invalid, illegal, void or unenforceable, the unenforceable provision will be severed, and the remaining provisions of this Section will remain in full force and effect, except to the extent prohibited by applicable law.
31.NO WAIVERS. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
32.ASSIGNMENT. You shall not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. We may assign or transfer these Terms as part of a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, subject to applicable law.
33.NO THIRD-PARTY BENEFICIARIES. Except for the DREO Parties, these Terms do not and are not intended to confer any rights or remedies upon any person other than you or DREO.
34.NOTICES.
35.We may provide any notice to you under these Terms by (i) sending a message to the email address you provide, or (ii) by posting to this Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
36.To give us notice under these Terms, you shall contact us as follows: (i) by email to ca-support@dreo.com, or (ii) by personal delivery, overnight courier or registered or certified mail to DREO INNOVATION INC., 56A Mill St E, Unit #335, Acton, ON L7J 1H3, Canada. We may update the email address or address for notices to us by posting a notice on this Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
37.SEVERABILITY. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
38.ENTIRE AGREEMENT. These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.