Breathewell Terms and Conditions

The General Conditions govern:

  • the use of Breathewell, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding manner. Capitalized words are defined in the relevant sections of this document.

The User must read this document carefully.


The following entity provides Breathewell:

Breathewell - 213 Rue Ernest, Dollard-des-Ormeaux, QC


GENERAL CONDITIONS OF USE

Unless otherwise specified, the terms of use detailed in this section generally apply while using Breathewell.

Unique or additional conditions of use may apply to particular contexts and are then indicated additionally within this document.

By using Breathewell, Users agree to comply with the following conditions:

Content on Breathewell
Unless otherwise indicated or clearly identifiable, all content accessible on Breathewell belongs to or is presented by the Owner or its licensors.

The Owner strives to ensure that the content presented on Breathewell does not violate any applicable legal provisions or third-party rights. However, it is not always possible to achieve this result.

In such cases, without prejudice to the legal prerogatives of Users to enforce their rights, Users are preferably requested to report any complaints using the contact details provided in this document.

Photo & Video Content:
As part of our commitment to transparency and showcasing the quality of our work, Breathewell may capture photos and/or short video clips of the cleaning process, including before-and-after footage. With your consent, we may also record brief reactions or testimonials following the service.

If you do not wish to have any photos, videos, or testimonials captured during your appointment, please notify us before the start of the service. Your privacy and comfort are our top priority, and we will fully respect your decision.

Access & Preparation Requirements:
To ensure efficient and safe service delivery, clients are required to provide clear and unobstructed access to all service areas. This includes, but is not limited to, ensuring that:
Furniture or personal items are not blocking vents, ducts, or access points. Pets are secured in a safe area away from the work zone. All entryways body and necessary spaces are unlocked and easily accessible.

Failure to provide adequate access may result in additional service charges.

Access to external resources

Through Breathewell Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and will therefore not be responsible for their content and availability.

The terms applicable to resources provided by third parties, including those applicable to the possible granting of rights in the content, arise from the General Conditions of any third parties or, in their absence, from the applicable statutory law.

Acceptable Use

Breathewell and the Service may only be used for the purpose for which they were provided, under these Terms and Conditions and Applicable Law.

Users shall be solely responsible for ensuring that their use of Breathewell and/or the Service does not violate any applicable laws, regulations or third party rights.

Common provisions

Non-waiver clause

The Owner's failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of this or any other term.

Service interruption

In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service to carry out maintenance, system updates or any other changes, informing Users properly.

Within the limits of the law, the Owner may also decide to suspend or terminate the Service as a whole. If the Service is terminated, the Owner will cooperate with Users to allow them to remove personal data or information and will respect Users' rights to continued use of the product and/or compensation, as provided by applicable law.

Additionally, the Service may not be accessible due to reasons beyond the reasonable control of the Owner, such as cases of “force majeure” (infrastructure failures or power outages etc.).

Resale of Service

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Breathewell and these Services without express prior permission, granted either directly or through a legitimate reseller program.

Intellectual Property Rights

Without prejudice to any specific provision of these Terms and Conditions, all copyrights, such as trademarks, patents and design rights associated with Breathewell are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks – nominal or figurative – and all other marks, trade names, word marks, illustrations, images, or logos appearing in connection with Breathewell are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

Modification of these General Conditions

The Owner reserves the right to modify or otherwise rectify these Terms and Conditions at any time. In such cases, the Owner will properly inform the User of such changes.

These changes will only have an impact on the relationship with the User from the date communicated to the User.

Continued use of the Service will signify the User's acceptance of the revised Terms and Conditions. If the User does not wish to be bound by such changes, he/she must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User may obtain any previous version from the Owner.

Contract assignment

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking into account the User's legitimate interests.
The provisions regarding changes to these Terms will be applied accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

Any communication related to the use of Breathewell should be sent using the contact details listed in this document.

Divisibility

In the event that any provision of these Terms and Conditions is deemed invalid or unenforceable under Applicable Law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Definitions and legal references

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information – including a personal identification number – allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through Breathewell (or third-party services employed in Breathewell), which can include: the IP addresses or domain names of the computers utilized by the Users who use Breathewell, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using Breathewell who, unless otherwise specified, coincides with the Data Subject.

Person concerned

The natural person to whom the Personal Data refers.

Subcontractor

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of Breathewell. The Data Controller, unless otherwise specified, is the Owner of Breathewell.

Breathewell (or this Application)

The means by which the User's Personal Data is collected and processed.

Service

The service provided by Breathewell as described in the relative terms (if available) and on this site/application.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookies

Cookies are Trackers consisting of small sets of data stored in the User's browser.

Trackers

Tracker indicates any technology – e.g. Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting – that enables the tracking of Users, for example by accessing or storing information on the User’s device.


Legal information

This Privacy Policy applies only to Breathewell, unless otherwise stated within this document.