Terms of Service
Last Updated October 5, 2022.
These terms of service (“Terms”) govern your rights and obligations regarding your access to and use of the websites, applications, or software (including any content, documentation, and functionality offered thereon) (collectively, the “Site” or “App”) owned by 10432423 Canada Limited or our subsidiaries or affiliates (herein referred to as “Bright Breaks”, “we” or “us”, or “our”) and any products or services made available through the Site (the “Services”). These Terms constitute a fully binding agreement between Bright Breaks and you, the user of the Site and/or the purchaser of Services (herein referred to as “you” and “your”), so please read them carefully.
Bright Breaks reserves the right, in its sole discretion, to revise and update these Terms from time to time. The date on which these Terms were last updated will appear at the top of this page, and any and all such modifications are effective immediately upon posting. Your continued use of the Site and/or Services after any such modifications constitutes your acceptance of, and your agreement to be bound by the new Terms. You should periodically review these Terms so that you are aware of any revision to which you are bound. If we intend to make what we deem to be a material change to these Terms, we will provide you with advance notice in accordance with these Terms.
The Site (or any portion thereof) or any or all of the Services made available through the Site may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is restricted to users or unavailable at any time or for any period.
2. THE SITE AND ACCOUNT REGISTRATION
The Site enables you to access a wide range of beauty, fitness, wellness, well-being, recreational, and other Services offered online by our service providers (“Providers”). In order to access and use the Site, you will need to register an account (“Account”). In order to create an Account, you must provide your name, date of birth, place of residence and/or work place (as applicable), and an active email address. You are responsible for providing accurate, current, and complete information in connection with your Account registration, including the information provided through any online social platform used to register with the Site.
By creating an Account, you represent and warrant that you are an individual at least 18 years of age, or an individual who is subject to the supervision and care of an individual at least 18 years of age.
You are solely responsible for maintaining the confidentiality of the password associated with your Account and accept responsibility for all activities that occur under your Account. Your Account is for your own personal use, and you may not permit any other person to use your Account. If you become aware that there has been, or have reason to suspect that there may be, unauthorized use of your Account, or any other breach of security, you agree to immediately notify Bright Breaks at [email protected], and to immediately take all necessary steps to prevent such unauthorized access, including changing your password.
Bright Breaks reserves the right at any time and from time to time, to disable or terminate your Account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
Bright Breaks reserves the right to record Services (“Recordings”) for the purposes of: (1) quality control; (2) delivering a stipulated commercial product or service contracted by our customer; (3) improving our Services; and (4) distributing, publishing, displaying, performing, transmitting, streaming, broadcasting, or making the Recordings available to our users, third parties, or the public.
We endeavor to only capture audio and video of our Providers in Recordings; however, we cannot guarantee that your voice or image will not be included in Recordings, for example, if you are speaking during the provision of the Services. We acknowledge that your image or a
By accessing, using, or providing the Services, as applicable, you consent to our recording such Services and you hereby authorize us to make audio and video recordings of you. You acknowledge and agree that we are the owners of any Recordings, and of the copyright therein. You hereby consent to the use of any such Recordings for the purposes outlined above and for the purposes of inclusion in newsletters, websites, and any social media accounts or outlets that we own or control, without additional compensation.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, reviews, testimonials, photos, videos, graphics, sounds, texts, materials, and other information about the Site or the Services (collectively, “Submissions”) that you submit, post, publish, display, transmit, or otherwise provide to us, whether through the Site, via e-mail, or otherwise, are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you. By providing Submissions, you hereby grant to Bright Breaks, its successors and assigns, now and in the future, a non-exclusive, worldwide, royalty-free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to use, copy, reproduce, modify, alter, adapt, translate, perform, publish, display, distribute, store, transmit, stream, broadcast, make available, create derivative works, and disclose to third parties any such Submissions for any purpose and to incorporate such material into any form, medium or technology now known or later developed throughout the world, and you further waive any moral rights or other rights of authorship to such Submissions.
By providing the Submissions, you represent and warrant that you own or have the necessary rights to provide the Submissions and have the right to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, rights of publicity, copyrights, and any other intellectual property or proprietary rights. You further represent and warrant that all Submissions provided by you comply with all applicable laws, rules, and regulations and the Site Content Standards set out in these Terms.
You understand and agree that you, not Bright Breaks, are fully responsible for any Submissions you submit or contribute, and you are fully responsible and legally liable, including to another user or any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Submissions submitted by you.
5. CONDITIONS OF USE AND SITE CONTENT STANDARDS
As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms.
The following standards and restrictions apply to your conduct and to any and all Submissions that you submit, post, publish, display, transmit, or make available to the Site. Without limiting the foregoing, you agree as follows:
(a) You will not copy, reproduce, modify, alter, translate, adapt, reverse engineer, disassemble, decompile, decode, hack, attempt to derive or gain access to the source code of, or create derivative works or improvements of, the Site, or any features or functionality thereof. You will not copy, reproduce, redistribute, record, publish, transfer, publicly display, perform, transmit, stream, broadcast, or make available the Services, or any part thereof, to the public or any third party, if you are a Client.
(b) You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, publicly display, perform, transmit, stream, broadcast, or make available, the Site, or any features or functionality thereof, to any third party for any reason.
(c) You will not remove, delete, alter, obscure, any copyright, trademark, patent, brand element, or other intellectual property or proprietary rights notices provided on the Site.
(d) You will not use the Site for purposes of competitive analysis, the development of competing products or services, copying and/or exploiting ideas, features, or functions of the Site, or any other purpose that is to our disadvantage.
(e) You will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site, or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.
(f) You will not introduce or distribute any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(g) You will not attempt to circumvent and/or violate the security of the Site, or otherwise gain unauthorized access to or impair any aspect of the Site, or its related systems or networks.
(h) You will not impersonate, attempt to impersonate, or otherwise misrepresent your affiliation with Bright Breaks, a Bright Breaks employee, another user, or any other person or entity (including, without limitation, by using email addresses, associated with any of the foregoing).
(i) You will not transmit, or procure the sending of, any advertisements, promotions, “spam”, “junk mail”, “chain letters”, or any other similar solicitation through the Site.
(j) You will not provide or contribute any false, inaccurate, or misleading information.
(k) You will not participate in any form of action or conduct, or submit any Submissions, that:
(i) are exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground;
(ii) interfere or violate any third party’s, or any other user of the Site’s, right to privacy, or other rights, including intellectual property rights;
(iii) cause annoyance, inconvenience, or needless anxiety to other users of the Site, or any third party;
(iv) are likely to upset, embarrass, or alarm any user of the Site or any third party; or
(v) may otherwise have a disruptive, destructive, or negative impact on Bright Breaks, other users of the Site, or any third party.
(l) You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Bright Breaks or users of the Site or expose them to liability.
(m) You will not promote or engage in any illegal activity, or advocate, promote, or assist any unlawful act.
6. SITE MONITORING
We have the right, without provision of notice to:
- Remove or refuse to post on the Site any Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.
● At all times, take such actions with respect to any Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms. ● Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. ● Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.
- Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS BRIGHT BREAKS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, SERVICE PROVIDERS, REPRESENTATIVES, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, ASSIGNEES, AND SUCCESSORS (COLLECTIVELY, THE “AFFILIATED PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY BRIGHT BREAKS AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER BRIGHT BREAKS OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
WE DISCLAIM ANY AND ALL LIABILITY FOR ANY SUBMISSIONS MADE BY ANY USERS OF OUR SITE OR ANY THIRD PARTY CONTENT MADE AVAILABLE ON OUR SITE, AND YOU HEREBY RELEASE BRIGHT BREAKS AND THE AFFILIATED PARTIES FROM ANY AND ALL CLAIMS REGARDING SUCH USER SUBMISSIONS AND/OR THIRD PARTY CONTENT.
7. TERMINATION OF ACCOUNT
By Bright Breaks. Bright Breaks may, in its sole discretion, for any reason or no reason, with or without notice: (i) terminate or suspend your Account and your access to the Site; and (ii) remove your profile and any Submissions or other content posted by or about you, from the Site. Unless otherwise decided by Bright Breaks, such termination, suspension, and removal will be effective immediately. Following any termination or suspension of any user’s Account, Bright Breaks may send a notice of the termination or suspension to other users you have corresponded with. If your Account has been terminated by Bright Breaks, you may not re-register without Bright Breaks’ consent (and if you are permitted to re-register, your previous information and activity, may no longer be available).
By User. As a user, you may terminate your Account at any time by going to “My Account” and then “Settings” and then clicking on “Deactivate my account.” You may re-register at any time, but your previous information and activity, including any fee credits and any Submissions you may have created, may no longer be available.
Effect of Termination. Upon the termination of your Account, you will no longer have access to any portions of the Site and Services that require Account registration. If your Account is terminated, your profile will no longer be displayed, but other Submissions you have posted or transmitted may or may not (in our sole discretion) remain on the Site.
8. THIRD PARTY SITES
The Site may include links to other websites (including other sites that are framed within the Site), applications, or resources provided, operated, or maintained by parties other than Bright Breaks (each, a “Third Party Site”) solely as convenience to users. We do not control or endorse any Third Party Sites, and we do not accept any responsibility or liability for their content or policies. Your use and access of a Third Party Site is at your own risk, and is subject to the terms of service and privacy policies of such Third Party Site. You should read the terms of service and privacy policies of such Third Party Sites, and make an informed decision whether or not to use these Third Party Sites based upon their practices and your discretion.
9. TEXT MESSAGE COMMUNICATIONS AND MOBILE PUSH NOTIFICATIONS.
Users may provide Bright Breaks with their mobile phone number as part of the registration process or in their account settings. Users who provide Bright Breaks with their mobile phone number may opt-in to receiving text message communications from Bright Breaks on their mobile devices. Bright Breaks does not charge for sending text messages, but your carrier may charge you. Users of Bright Breaks’ mobile applications may have the option to receive push notification alerts from Bright Breaks. If push notification alerts are available, you will be given an option to consent to receiving them after you download the application. You may also adjust your push notification settings after you have downloaded the application in your mobile device settings.
10. PROMOTIONAL OFFERS AND CREDITS
From time to time, Bright Breaks may offer special promotions, credits, awards or discounts to users (“Promotions”). All Promotions will be run at the sole discretion of Bright Breaks, and can be modified or terminated at any time by Bright Breaks with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, Bright Breaks may offer fee or reward credits to its users. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.
11. INTELLECTUAL PROPERTY RIGHTS
You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Bright Breaks, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, “Bright Breaks”, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Bright Breaks or its licensors. You must not use such marks without the prior written permission of Bright Breaks. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
By using the Site, you agree to respect all copyright, trademark and other legal notices, information, and restrictions contained in any of the content that we provide through the Site. We do not grant you a right or license to reproduce content from the Site, for any reason.
12. DISPUTES AND GOVERNING LAW
13. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF BRIGHT BREAKS AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
(a) “AS-IS” BASIS. Bright Breaks provides the Site and Services on an “AS IS” and “AS AVAILABLE” basis. YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK.
(b) NO WARRANTIES. BRIGHT BREAKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, BRIGHT BREAKS DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, BRIGHT BREAKS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCE WILL BRIGHT BREAKS OR THE AFFILIATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE SITE, YOUR INABILITY TO ACCESS OR USE THE SITE OR ANY THIRD PARTY SITES, YOUR USE OF THE SERVICES, OR ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS.
(d) MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS, BRIGHT BREAKS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS IS LIMITED TO THE LESSER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO BRIGHT BREAKS IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
(e) SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND SERVICES.
(b) Number & Gender. Wherever appropriate herein, words importing the singular number include the plural and vice versa, words importing any gender include all genders, and words importing persons include all entities.
(c) Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these shall remain in full force and effect.
(d) Language. The parties require that these Terms and any related documents be drawn up in the English language. Les parties aux présents exigent que la présente convention ainsi que tous les documents qui s’y rattache soient rédigés en la langue anglaise.
(e) Survival. All provisions that by their nature survive expiration or termination of these Terms of Service shall so survive.