Terms

Effective Date: June 8, 2023
 

Welcome to Canuck Cold ("we," "us," or "our"). These Terms govern your use of our website, canuckcold.com ("Website"), all product purchases, and product use. By accessing or using our Website, or purchasing our products, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Website, nor purchase or use our products.
 

1. Intellectual Property
 

1.1 Ownership: All content on the Website, including but not limited to text, graphics, logos, images, videos, and software, is the property of Canuck Cold or its licensors and is protected by intellectual property laws. You acknowledge and agree that you do not acquire any ownership rights in the content by using the Website.

 

1.2 Restrictions: You are prohibited from reproducing, distributing, modifying, displaying, performing, or using any content from the Website without our prior written consent. Unauthorized use may violate intellectual property laws and result in legal action.

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2. Website and Product Use Obligations

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2.1 Acceptable Use: When using our Website, and our products, you agree to abide by the following rules:

• Do not engage in any unlawful, fraudulent, or malicious activities.

• Do not infringe upon the rights of others, including intellectual property rights.

• Do not upload or transmit any harmful or malicious content, such as viruses or malware.

• Do not attempt to gain unauthorized access to our systems or interfere with the proper functioning of the Website.

• Do not collect or harvest any personal information from other users.

• Ensure proper handling and use of our products in accordance with our guidelines and instructions.

 

2.2 User Content: If you submit any content to the Website, such as comments or reviews, you grant us a non-exclusive, royalty-free, worldwide, perpetual, and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.

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3. Disclaimer of Warranties

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The Website and its content, along with our products, are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the Website's operation, the content, or the functionality of our products. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and accuracy.

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4. Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Website, any content available on it, or from the use of our products. This includes any damages resulting from errors, omissions, interruptions, defects, delays in operation or transmission, regardless of the cause.

5. Indemnification

You agree to indemnify, defend, and hold harmless Canuck Cold and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website, your violation of these Terms, or your use of our products.

6. Modifications and Termination

We reserve the right to modify or terminate the Website, these Terms, or any product offerings at any time, without prior notice. We may also restrict, suspend, or terminate your access to the Website or prohibit further use of our products if we believe you have violated these Terms or applicable laws.
 

7. Governing Law and Jurisdiction

 

These Terms and your use of the Website and our products shall be governed by and construed in accordance with the laws of Ontario, Canada. Any disputes arising out of or relating to these Terms, the Website, or the use of our products shall be exclusively submitted to the competent courts of Ontario, Canada.

 

8. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
 

9. 100% Satisfaction Guarantee
 

If you are unhappy with your Canuck Cold Co. product upon arrival, you may return it for a full refund. To qualify for this satisfaction guarantee, the product must be in its original unused condition. All costs associated with the return, replacement, and restocking must be borne by the customer. Refunds will be issued to the customer after the product has been received by Canuck Cold Plunges and restocked at a location of our choosing. Please initiate satisfaction guarantee requests through support@canuckcold.com.

10. Warranty

12-Month Manufacturer Warranty: We provide a 12-month manufacturer warranty on all cold tub products, commencing from the date of delivery or pickup. This warranty covers defects in manufacturing and workmanship but excludes coverage for regular wear and tear. Read all product page content to ensure you understand any specific stipulations of wear and tear. Should you encounter any issues during the warranty period, please contact our customer support team at support@canuckcold.com. We will assist you through the necessary steps, which may include repair, replacement, or a refund, depending on our assessment and at our discretion. If a repair is deemed the best solution, Canuck Cold Plunges will, at its sole discretion, either provide an amount equal to 200% of the repair material cost or deliver the necessary repair materials to the customer’s delivery address at no cost, along with covering 100% of the cost of replacement materials. The customer is responsible for all costs related to warranty returns, replacements, and restocking. Refunds will be processed once the returned product is received and restocked at a location designated by us.

11. Return Policy

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30-Day Return Policy: Canuck Cold Plunges offers a 30-day return policy for customers who are not fully satisfied with their cold tub products, provided the products are returned in their original, unused condition. Customers are responsible for all costs related to the return, replacement, and restocking of products. Refund amounts will be processed once the product has been received by Canuck Cold Plunges and restocked at a location of our choosing. Please initiate return requests through support@canuckcold.com.

12. Product Use Disclaimer
 

Our cold tubs are designed for recreational use only and are not to be considered medical devices. We make no medical claims. All users should consult with a healthcare provider before beginning any new cold exposure routines, especially if there are pre-existing health conditions. By purchasing and using our products, you acknowledge and agree to comply with all operational guidelines and safety instructions provided, and it is your responsibility to ensure compliance with local laws and regulations.

13. Limitation of Product Liability
 

To the maximum extent permitted by applicable law, Canuck Cold Plunges shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our products. We specifically disclaim any liability for personal injury or property damage that may result from failure to follow the warnings and recommendations provided on this Website, in the product user manuals/owner manuals, or as reasonably perceivable by someone using the product. Users must adhere to all operational guidelines and safety instructions to avoid such risks. By using our products for the first time, you agree to assume all responsibilities for their safe and proper use. Any liability for accidents or injuries resulting from non-compliance with these safety instructions or local regulations is expressly disclaimed.