Acceptance of Terms Through Use
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site or purchasing something from us (“Service”), you agree to be bound by these Terms of Service agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance limited to these Terms of Service. Any new features or tools which are added to the current store shalt also be subject to the Terms of Service. You can review the most current version of the Terms of Service at this page. We reserve the right to update. change or replace any part of these Terms of Service by posting
updates and/or changes to our website. It is your responsibility to check periodically for changes. Your continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
Our store is hosted on MyCPAPCanada They provide us with the online e-commerce platform that allows us to sell our products and services to you. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose not in the use of the Service, violate any laws in your jurisdiction (Including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understandthat your content (not including credit card information), may be transferred unecrypted involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card Information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only; they do not limit or otherwise affect these Terms.
Accuracy of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material, is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the content on this site at any time, but we have no obligation lo update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Changes to Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice; We shall not be liable lo you or to any third-party for any modification or price change, suspension or discontinuance of the Service.
Products and Services Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject lo return or exchange according to our Return Policy. We have made every effort lo display as accurately as possiblev the colors and images of our products that appear at the store. We cannot guarantee your computer monitor’s display of any color will be accurate. We reserve the right. but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by case basis; We reserve the right lo limit the quantitates of any products or services that we offer. All descriptions of products or product pricing are subject to change al anytime without notice by discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant the that any of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Billing and Account Information
We reserve the right to refuse any order your place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions include orders placed by or under the same customer account, the same credit card. and/or orders that use the same billing and/or shipping address. In the event that we cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools and they are “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to optional thirdparty tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and aware of the terms on which tools are provided by the relevant third-party provider(s). We may also in the future, offer new services and/or features through the website(including, the relevant tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third Party Links
Please review the streaming providers’ and the linked sites’ use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site.
If, at our request you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or any other comments whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit. copy, publish, distribute, translate and/or use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right or any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further ag comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comment and that you are solely responsible for any comments you make and their accuracy. We lake no responsibility and assume no liability for any comments posted by you or any third-party.
Errors and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product offers, product shipping charges, transit times and availability, We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cane, any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh de the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
any of the content of the Site, in whole or in part or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.
Limitation of Liability
All new CPAP machines are equipped with monitoring capabilities. myCPAPCanada.com DOES NOT provide any remote clinical monitoring, servicing or CPAP therapy aftercare. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you, and you expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as, stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement. In no case shall MyCPAPCanada our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim,
indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement cc similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kin a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some state jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maxi mt permitted by law.
By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. MyCPAPCanada makes no representation that materials on the Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited.
Choice of Law
Integration and Severability
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. MyCPAPCanada reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
Privacy and Disclosure
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any product, operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service any prior or contemporaneous agreements, communications and proposals, whether oral or written. between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?
Information You Voluntarily Submit to the Site: We may collect personal information from you such as your name or email address, name, address, telephone number, e-mail address, age, marital status, education level, intentions, preferences and opinions. We only collect Personal Information where you voluntarily provide it. For example, you may voluntarily submit information to the Site by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, you are able to create a user profile, which allows you to create username and password. We will store the username, but your password will not be visible in our records.
Information We Collect from Others:
We may receive information about you from other sources. You may link your Facebook, Instagram, and/or Google accounts to your user profile. If you choose to link your Facebook, Instagram, and/or Google accounts to your user profile, we will receive your name, email address and profile picture associated with that account.
We automatically collect certain information about you and the device with which you access the Site. For example, when you use the Site, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Site. We may also collect information about actions you take when using the Site, such as links clicked.
We may log information using cookies, which are small data files stored on your browser by the Site. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Site.
HOW YOUR INFORMATION MAY BE USED
We may use the information collected in the following ways:
To operate and maintain the Site;
To create your account, identify you as a user of the Site, and customize the Site for your account;
To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings; To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries;
To provide you with user support;
To track and measure advertising on the Site;
To protect, investigate, and deter against unauthorized or illegal activity.
THIRD-PARTY USE OF PERSONAL INFORMATION
We may share your personal information with third parties when you explicitly authorize us to share your information.
Additionally, the Site may use third-party service providers to service various aspects of the Site. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies.
The Site currently uses the following third-party service providers:
Google Analytics – this service tracks Site usage and provides information such as referring websites and user actions on the Site. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Site’s sole discretion.
Except when required by law or as set out in this policy, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Site to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other
parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
PUBLICLY VISIBLE INFORMATION
If you create a user profile on the Site or leave a comment, certain information may be publicly visible. To create a user profile, you must choose a username and password and input your email address for profile confirmation. Your email address will never be available publicly. At your option, you may also add an avatar, a profile description, and a link to your website. You may also choose to link your Facebook, Instagram, and Google Account. Users may see your username, avatar, profile description and website information.
Affiliate Program Participation
The Site may engage in affiliate marketing, which is done by embedding tracking links into the Site. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.
On the Site, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Site to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.
RIGHTS RELATED TO YOUR PERSONAL INFORMATION
Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at email@example.com to be removed from our mailing list.
Access – You may access the personal information we have about you by submitting a request to firstname.lastname@example.org.
Amend – You may contact us email@example.com to amend or update your personal information.
Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to firstname.lastname@example.org.
Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.
SENSITIVE PERSONAL INFORMATION
The Site does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Site has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at email@example.com and we will use our best efforts to promptly remove such information from our records.
MyCPAPCanada.ca will only accept returns of CPAP masks, with defects, 15 days from the delivery date. Please be advised that returns on unopened and unused items will only be accepted within 15 days from the delivery date and any product that has been opened or used cannot be returned. A 15% processing/restocking fee will be deducted from the initial cost
before the refund is issued. All shipping charges are non-refundable and you are responsible for the payment of any shipping cost on return/exchange item(s). The credits/refunds will only be issued once the returning product has been received and reviewed at/by our facility. All items marked as clearance are final sale and will not be refunded. It is highly recommended to obtain a tracking number on items of value over $100 to ensure that the returning products are received by our facility.
MyCPAPCanada.ca offers free standard shipping on orders over $150.00 value and a $10 Flat shipping fee on orders under $150.00. Orders within Canada will be shipped via Canada Post.
Standard shipping rates will apply on all rush/expedited orders, or orders to the United States and will be calculated on checkout.
Warranty or repair claim decisions are made solely by the manufacturer. MyCPAPCanada will happily assist you with working with the manufacturer should your machine require warranty
replacement, however you, the customer, are responsible for all shipping costs pertaining to the warranty.