TERMS OF SERVICE

----

OVERVIEW

This website is operated by BestBraceYourself. Throughout the site, the terms “we”, “us” and “our” refer to BestBraceYourself. BestBraceYourself offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not 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 is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on 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 this page 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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that (a) you are at least the age of majority in your state or province of residence, or (b) 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 nor may you, 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 nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and 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 or any 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 and will not limit or otherwise affect these Terms.

3. ACCURACY, COMPLETENESS AND TIMELINESS 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 not be relied 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 on this site 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 contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. MODIFICATIONS TO THE SERVICE 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 at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We do not warrant that the quality 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.

Each product offered for sale on the website can be viewed by following a dedicated link displaying the Product details, including images, unit pricing, colors and sizes (as applicable). We reserve the right to vary these limitations in our sole and unfettered discretion.

The products selected for purchase by you will be placed into your ‘shopping bag’ section of the website ("Cart"). Items placed in your Cart are not reserved for you and may still be purchased by other customers. It is your responsibility to ensure that the products and sizes chosen by you are correct.

Although we take reasonable steps to ensure that the photographs displayed on the website accurately reflect the original products, there may be some minor discrepancies due to the technical characteristics and colour resolution of the device used by you. We will not be responsible for inadequacy of the graphic representations of the products displayed on the website due to these factors which are out of our control. Any measurements of the products given are approximate only, and colours, fabrics and designs of the products displayed, and the products delivered to you, may vary in minor respects.

To view the products selected and the total price of any proposed Order, you may visit the Cart page. Before confirming the order to products chosen by you (“Order”), you must check the accuracy of the contents of the Cart and complete the Order form in accordance with the instructions provided on the website.

The Order process is completed as soon as you press the relevant proceed to checkout confirmation button ("Buy Button"), thereby confirming your Order, which will be submitted to us.

After clicking the Buy Button, you will not be able to modify the contents of the Order. Before clicking the Buy Button, you must confirm that you have read and accepted the Terms. At the end of the Order process, you should save or print the Terms for future reference. If the Order process is not completed, the Order will not be submitted to us for processing.

You must ensure that any data entered on the website or otherwise provided to us in relation to a purchase is accurate, complete and up-to-date.

6. EXECUTION OF CONTRACT

All information on this website is an invitation to treat only and is not an offer by us. You agree that any order placed by you (“Order”) is an offer to purchase the products listed in the order on the Terms. All Orders submitted are offers to purchase which are subject to acceptance by us.

The Order placed by you shall only be processed by us if the Order process has been completed without any errors being reported by this website. After you have successfully placed an Order, we will send an email to you acknowledging that we have received the Order. This email is a confirmation of receipt of the Order and does not mean that we have accepted the Order.

The contract by and between us and you is concluded as soon as we send you a confirmation email ("Confirmation Email") which confirms our acceptance of the Order. The Confirmation Email will include the Order number. The Confirmation Email will be sent to the email address provided by you in the Order form.

We reserve the right not to accept an Order, or part of an Order for multiple products, for any reason in our discretion without liability to the Customer. The following are examples of situations when we may not accept an Order:
a) any or all of the products included in the Order are unavailable (either
permanently or temporarily);
b) there is a dispute between us and you relating to a previous Order;
c) you have previously breached the Terms or have not fulfilled your
obligations under the Terms;
d) we have grounds to suspect that you are purchasing the products in
contravention of the Terms (for example, in order to resell them or use them
for commercial purposes);
e) you have been involved in, or are suspected of being involved in, illegal or
fraudulent activities;
f) the products ordered are incorrectly priced (including if there was an error in
the price for a product displayed on this website) or otherwise incorrectly
described;
g) your payment method is declined;
h) you have ordered quantities of an individual Product exceeding any quantity
limits imposed by us;
i) we are unable to fulfil the Order; or

Our decision not to accept or to cancel an Order shall be final and binding. We are not required to give reasons for rejecting an Order.

If we do not accept an Order, we will inform you within 30 days of the date of receipt of the Order. If we do not accept an Order, no contract is concluded between us and you.

Delivery services for the delivery of products are managed by third party service providers. We endeavour to ensure swift and prompt delivery, but delivery times are subject to service provider availability and delivery location.

7. ACCURACY OF BILLING AND ACCOUNT INFORMATION

Prices displayed on the website are in United States of America Dollars (US$). The total price displayed on checkout includes shipping costs. We only accept the payment methods expressly indicated on the website.

We take no responsibility for, and we are not under any duty to verify, your ownership of or authorization to use the credit/debit card presented for payment or the accuracy of the card information entered at the time of purchase.

We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment to fulfill the Customer’s Order.

We will only ship the products after receipt by us of due payment of the amount owed by you. In the event that you cannot be charged the amounts due for any reason whatsoever, the Order process shall be automatically terminated and the Order cancelled. We will notify you accordingly.

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 can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

8. OPTIONAL TOOLS

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 ”as is” and “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 your use of optional third-party 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 approve 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 release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

9. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

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 other materials, 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 otherwise 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; or (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, obscene 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 of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your 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 of the Service 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

11. PERSONAL INFORMATION

All personal information that you supply in connection with this website will be collected, used, disclosed and managed by us according to the terms of our Privacy Policy, a copy of which is available here. You consent to our dealing with your personal information in accordance with our Privacy Policy. You also agree to use this website in accordance with any other policies that we publish on this website from time to time.

12. ERRORS, INACCURACIES 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, promotions, 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 cancel orders if 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 to update, 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 date applied in 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.

13. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
j) for any unlawful purpose;
k) to solicit others to perform or participate in any unlawful acts;
l) to violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances;
m) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others;
n) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability;
o) to submit false or misleading information;
p) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet;
q) to collect or track the personal information of others;
r) to spam, phish, pharm, pretext, spider, crawl, or scrape;
s) for any obscene or immoral purpose;
t) restrict, inhibit or interfere with any other user’s use or enjoyment of this
website; or
u) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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 the 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.
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 expressly 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 non-infringement.

In no case shall BestBraceYourself, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (“Representatives and Affiliates”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any 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 service, or for 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 kind incurred as 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 states or 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 maximum extent permitted by law.

The laws of some jurisdictions imply terms and conditions into agreements such as these terms and conditions that cannot be excluded. If we breach a non-excludable term or condition, we will be liable for that breach. However, if we are allowed to limit our, or our Representatives and Affiliates’, liability for that breach under the relevant law, our, and our Representatives and Affiliates’, liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at our option).

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless BestBraceYourself and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

18. ENTIRE AGREEMENT

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 policies or 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, superseding 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.

19. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any claim or dispute arising in connection with these Terms of Service, or your use of this website, will be resolved in accordance with the law applying in the Republic of South Africa and under the exclusive jurisdiction of the courts of the Republic of South Africa.

20. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

21. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at chris@bestbraceyourself.com.
----