Terms of Service

Overview

Breeze, a brand of MKY Brands Ltd, operates this website. Wherever the terms “we”, “us” and “our” appear on the site, they refer to Breeze. We make this website, together with all information, tools and Services available through it, available to you, the user, on the condition that you accept all of the terms, conditions, policies and notices set out here.

When you visit our site and/or buy something from us, you are engaging in our “Service” and you agree to be bound by the terms and conditions below (“Terms of Service”, “Terms”), including the additional terms, conditions and policies referenced here and/or available by hyperlink. These Terms of Service apply to every user of the site, including without limitation browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before you access or use 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 with all of the terms and conditions of this agreement, you may not access the website or use any Services. Where these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to the Terms of Service. The most current version of the Terms of Service can be reviewed on this page at any time. 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, and it is your responsibility to check this page periodically for changes. If you continue to use or access the website after any changes are posted, you accept those changes.

Our store runs on our e-commerce platform, which allows us to sell our products and Services to you online.

Section 1 - Online store terms

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 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, and you may not, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or code of a destructive nature.

Any breach or violation of the Terms will result in the immediate termination of your Services.

Section 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 may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

Without our express written permission, 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.

The headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Section 3 - Accuracy, completeness and timeliness of information

We are not responsible if the 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 on or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You rely on the material on this site at your own risk.

This site may contain certain historical information. Historical information is necessarily 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 monitoring changes to our site is your responsibility.

Section 4 - Modifications to the Service and prices

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice.

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

Section 5 - Products or Services (if applicable)

Some products or Services may be available exclusively online through the website. These products or Services may be available in limited quantities and can be returned or exchanged only in accordance with our Refund Policy.

We have made every effort to display the colors and images of the products in our store as accurately as possible. We cannot guarantee that your computer monitor will display any color accurately.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, and we may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services we offer. All product descriptions and product pricing are subject to change at any time without notice, at our sole discretion. 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 that the quality of any products, Services, information or other material you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of billing and account information

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit 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 every purchase made at our store. You agree to update your account and other information promptly, 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 details, please review our Refund Policy.

Section 7 - Optional tools

We may give you access to third-party tools that we neither monitor nor have any control or input over.

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.

Your use of any optional tools offered through the site is entirely at your own risk and discretion, and you should make sure you are familiar with and approve of the terms on which the relevant third-party provider(s) supply those tools.

In the future, we may also offer new Services and/or features through the website (including the release of new tools and resources). These new features and/or Services will also be subject to these Terms of Service.

Section 8 - Third-party links

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

Third-party links on this site may take you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their 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 carefully review the third-party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third-party.

Section 9 - User comments, feedback and other submissions

If you send us certain specific submissions at our request (for example, contest entries), or if, 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 and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are and shall be under no obligation (1) to keep any comments confidential; (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, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that 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 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 about the origin of any comments. You alone are responsible for any comments you make and for their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - Personal information

Any personal information you submit through the store is governed by our Privacy Policy, which you can view here.

Section 11 - Errors, inaccuracies and omissions

From time to time, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating 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 and without prior notice (including after you have submitted your order).

Except as required by law, we undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information. No specified update or refresh date applied in the Service or on any related website should be taken to mean that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited uses

In addition to the other prohibitions set out in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) 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.

Section 13 - 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 using the Service will be accurate or reliable.

You agree that we may, from time to time, 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 Breeze, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors 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.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Breeze and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees 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.

Section 15 - Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that 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 a determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service remain in effect unless and until they are 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 stop 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 may also 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 we may accordingly deny you access to our Services (or any part of them).

Section 17 - Entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules we post on this site or in respect of the Service, constitute 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.

Section 18 - Governing law

These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

Section 19 - Changes to Terms of Service

The most current version of the Terms of Service can be reviewed at any time on 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. If you continue to use or access our website or the Service after any changes to these Terms of Service are posted, you accept those changes.

Section 20 - Contact information

Please send any questions about the Terms of Service to us at contact@gowcommerce.com.

Breeze is operated by MKY Brands Ltd.