Tuft & Needle Terms And Conditions Of Service
Current policy effective as of May 1, 2020
By using the Site, you are indicating to us that you agree to these Terms as they are written here. If you do not agree to these Terms, please leave and do not use the Site. If you have any questions about the Terms, please contact us at [email protected] or [email protected].
The Site allows you to learn about and to purchase our mattresses and other products (collectively, “Products”).
We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or of any Product or feature, 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.
We may offer Products through other authorized distribution channels, such as other sellers and websites; if so, the terms, conditions, and policies applicable to those other sellers and websites may apply, and those may be different than these Terms. We make no representations about any other websites that may be accessed from this Site. If you choose to access any such websites, you do so at your own risk. We have no control over the contents of any such third party websites and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party websites.
The owner of the Site is based in Ontario, Canada. We provide this Site for use only by persons located in Canada. This Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from outside Canada, you do so at your own risk and are responsible for compliance with local laws of your jurisdiction.
The security of your Personal Information is very important to us. We use physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
II. Electronic Communications
By visiting the Site and/or communicating with us by email or by chat via the Site, you are communicating with us electronically and agreeing (provided we have obtained your consent) that we may communicate with you electronically (including by email, chat on the Site, notices posted to the Site, and possibly other means as well). You agree that all such electronic communications (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.” We may also communicate with you via telephone if you have provided your consent.
III. You Must Be Over The Age Of 13 To Use The Site And To Buy Our Product
You may not use the Site unless you are over the age of 13.
If you purchase a Product via the Site on behalf of another person or organization, then by doing that you represent and warrant to us that you have the right and authority to do so and to bind that other person or organization to these Terms.
IV. Content & Intellectual Property
You may not copy or use any of the Content and intellectual property of or on the Site without our prior written authorization. Content means all of the visual, audio-visual, and written information displayed on the Site, including all graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, “Content”). All Content on the Site is our property and/or the property of third parties with whom we have a relationship, and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws.
The source code and compilation of this Site are likewise our exclusive property and protected by applicable intellectual property laws. You are not authorized to use such source code for any purpose other than the ordinary use of the Site.
All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Site and/or our Products (collectively the “Marks”) are our exclusive property and are protected by applicable intellectual property laws. In some cases, we may display Marks that are owned by third parties with whom we have a relationship. You may not display or use the Marks (or trademarks or names of third parties displayed on the Site) without our prior written authorization (or prior authorization from the applicable third party).
The feature of our purchase process that auto-populates addresses when you begin typing them into our order form implements functionalities that are enabled by Google Maps APIs. By using those features of functionalities, you are bound by Google’s Terms of Service with respect to those features or functionalities. Google’s Terms of Service can be found here.
VI. Limited License And Site Access
You are allowed to use the Site only for your lawful personal use (or personal use on behalf of a third party). You may not use the Site to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):
- Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the Content in any manner or format, and through any means now known or later developed.
- Resell any of our Products or display or describe such Products for commercial or competitive purposes, or in a false, misleading, or disparaging light.
- Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for Product orders that are not legitimate, or about which you are not being completely truthful in your communications with us.
- Make commercial use of any Content or any Product available on the Site.
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code / HTML code underlying the Site.
- Attempt to breach or breach the security and/or authentication measures which are not authorized.
- Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data-gathering, or data-extraction methods) on the Contents of, or source code / HTML code underlying, the Site.
- Collect any information about users of the Site.
- Attempt to interfere with, disrupt, reverse-engineer, steal from, or gain unauthorized access to, any of the software, technology, or network or other equipment that supports the Site, and/or any content and data that is not intended for you (or, otherwise attempt to interfere with the proper working of the Site).
- Restrict, disrupt or disable services to users, hosts, servers or networks/network services.
- Disrupt our ability to monitor the Site.
- Impersonate another person, or misrepresent your affiliation, with a person or entity.
- Post advertising or marketing links or content.
- Access the Site from anywhere in the world where it is unlawful for you to do so.
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attack the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing.
VII. Truthful Communications
You promise that all of the information that you provide to us when communicating with us via the Site and/or otherwise, and when purchasing Products from us, will be true, accurate, current, and complete. We are not responsible for problems that you encounter as a result of false, inaccurate, outdated, or incomplete information that you provide to us. For example, when you purchase a Product via the Site, we will ship that Product to the address that you provided while completing your order. If that address is incorrect, you may experience problems with your purchase for which we will not be responsible.
VIII. Purchasing Products
We will display on the Site the current prices for all Products available for purchase via the Site. The prices do not include applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order. For example, certain jurisdictions require us to charge and remit separate fees to support those jurisdictions mattress recycling efforts.
We do not charge for standard shipping within Canadian provinces, however any expedited shipping shall be subject to additional charges. Standard and/or expedited shipping within Canadian territories shall be subject to additional charges – please contact us at [email protected] or [email protected] to obtain a quote.
The Site may use one or more third parties to process payments that you authorize in connection with purchasing Products (each a “Payment Partner”). We will inform you of the methods of payment that our third party payment processors permit while you are placing your order. By submitting any credit card or debit card information through the Site, you expressly consent to the sharing of this information with our Payment Partner(s). You will be subject to any terms and conditions of such Payment Partner(s).
We reserve the right to decline or cancel orders at any time. Notification is via email to the email address you provided when submitting your order. We assume no responsibility for issues resulting from such declines, cancellations, or email notification failure. Order costs will be charged to your payment method upon acceptance.
All amounts listed and monetary transactions on and via the Site are in Canadian dollars.
IX. Warranty, And Other Refunds / Returns
Please refer to our Limited Warranty to learn about the terms that apply to those offerings.
You may cancel an order anytime prior to shipment.
From time to time, we may offer special purchase terms on a very limited basis to persons, groups, or organizations with which we have a special business or philanthropic relationship. Any such special purchase terms may be subject to rules, terms, and conditions that are different than or in addition to these Terms.
XI. Content You Submit To Us
From time to time, we may allow you to submit or post reviews, comments, photos, videos, or similar content or materials on the Site (collectively, “Postings”). We welcome your Postings as long as they are appropriate. Postings may not harass, libel, defame, slander, threaten, or otherwise violate the legal rights of any other person or organization and may not be obscene, pornographic, defamatory, profane, or otherwise unlawful or indecent. Postings must not in any manner violate any applicable laws, or the terms of any third party website that is linked to the Site (including, without limitation, any third party social media website).
We reserve sole and complete discretion over whether to allow or display, and how to use, all Postings. By submitting a Posting to us (via the Site or otherwise), you grant to us an perpetual, worldwide, unlimited, fully assignable, royalty-free and fully-paid-up right and license to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform, create derivative works based upon, and otherwise use and exploit for any purpose (collectively, “Use”) such Posting through any means or method now or not yet in existence. The foregoing right and license includes a royalty-free license to Use the name, image, photograph and/or likeness of any person depicted in or identifiable from any Posting. You waive any and all rights under copyright law, right of publicity law, privacy law, and other legal rights (in addition to any “moral rights” that you may have in your Posting). Further, by submitting a Posting to us (via the Site or otherwise), you promise each of the following things:
- You possess all legal rights, authorizations, and/consents or releases necessary to grant to us the foregoing rights in your Posting.
- Your Posting does not infringe, misappropriate, or violate any legal rights of any other person or organization party or entity.
The Site may include Content provided by third parties, including other users and third party licensors. All statements and/or opinions expressed in any such third party Content, other than the Content provided by us, are solely the opinions and the responsibility of the person or entity providing the materials (which materials do not necessarily reflect our opinion). Additionally, we are not responsible for any dispute or disagreement between you and any other person or entity with whom you may communicate or interact via or while using the Site. You assume all risk associated with dealing with such third parties. You release and shall us hold harmless from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to any such dispute or disagreement, and/or the content or accuracy of any third party materials. You also promise not to involve us in any such dispute.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR SOLE RISK, AND ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) EXCEPT FOR OUR EXPRESS LIMITED WARRANTY, EACH OF SSH BEDDING CANADA CO., ITS PARENT, SUBSIDIARIES, THEIR RESPECTIVE AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS (AS APPLICABLE) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND IN RESPECT OF SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN ADDITION TO AND WITHOUT RESTRICTING THE GENERALITY OF THE FOREGOING, NONE OF SSH BEDDING CANADA CO., ITS PARENT, SUBSIDIARIES, THEIR RESPECTIVE AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS (AS APPLICABLE) MAKES ANY OF THE FOLLOWING WARRANTIES, EACH OF WHICH EACH SUCH PARTY EXPRESSLY DISCLAIMS:
- THAT THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS.
- THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, RELIABLE, SECURE, OR ERROR-FREE.
- THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THAT THE NATURE, QUALITY, OR QUALITIES OF ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS.
- THAT THE INFORMATION ON THE SITE WILL IS ACCURATE, COMPLETE OR UP TO DATE.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
XIII. Limitation On Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF SSH BEDDING CANADA CO., ITS PARENT, SUBSIDIARIES, THEIR RESPECTIVE AFFILIATES AND/OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS (AS APPLICABLE) WILL BE LIABLE TO YOU FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES FO ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY OR PARTIES WERE ALLEGEDLY ADVISED OR HAD REASON TO KNOW), ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING:
- YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE (OR ANY CONTENT, MATERIALS, POSTINGS OR INFORMATION THEREON OR MADE AVAILABLE THEREBY).
- YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, ANY LINKED WEBSITES OR OTHER THIRD PARTY WEBSITES (OR ANY CONTENT, MATERIALS, POSTINGS OR INFORMATION THEREON OR MADE AVAILABLE THEREBY).
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE.
- UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA OR INFORMATION THAT YOU PROVIDE TO US VIA THE SITE OR OTHERWISE.
- STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OR INVOLVING THE SITE.
- ANY OTHER CIRCUMSTANCES ARISING OUT OF OR RELATING TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE MAXIMUM LIABILITY OF SSH BEDDING CANADA CO., ITS PARENT, SUBSIDIARIES, THEIR AFFILIATES OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS (AS APPLICABLE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE PRICE THAT YOU PAID FOR ANY PRODUCT(S) PURCHASED VIA THE SITE OR $50, WHICHEVER IS GREATER.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SSH Bedding Canada Co., its parent, subsidiaries, their affiliates, and each of their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns (as applicable) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Site, including, but not limited to, your Postings, third party sites, any use of the Site's Content, services, and Products other than as expressly authorized in these Terms.
XV. Governing Law And Dispute Resolution
The Site and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
We hope and expect that we will never have a dispute with you. However, if a dispute, claim, or controversy arises out of or relating to these Terms (including an alleged breach or the termination, enforcement, interpretation, or validity thereof), the Site, or your purchase of Products or use of any service available via the Site, except for an action or proceeding for injunctive relief and/or to stop unauthorized use or abuse of the Site, shall be finally and conclusively resolved by arbitration. The legal seat of arbitration shall be in the city and province where the user resides, and the parties to the arbitration shall each bear their own legal costs and expenses of the arbitration, and equally share the fees of the arbitrator(s) and any facility fees (as applicable). Any decision of the arbitrator(s) shall be final and binding on the parties to the arbitration, and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law.
Any action or proceeding for injunctive relief and/or to stop unauthorized use or abuse of the Site, which is not subject to arbitration, will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
XVI. Our Right To Terminate Your Access To The Site
Although we highly doubt that we will ever have any reason to do so, we reserve the right, in our sole and complete discretion, to terminate your access and ability to use the Site without notice or attendant liability. Upon termination, these Terms will still apply.
XVII. Our Right To Change Or Update These Terms
We may in our sole discretion review these Terms periodically to ensure that they comply with applicable law and remain consistent with our Products and operations. We therefore reserve the right to update and revise these Terms at any time without specific or direct notice to you, and any such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. We intend to change the “Current Policy effective as of ___” date at the top of these Terms each time we revise these Terms, but please contact [email protected] or [email protected] if you have questions about whether we have changed or updated any of the Terms or about which version of the Terms applies to you. You agree to review these Terms periodically to ensure that you are aware of any changes or updates, and your continued use shall be your acceptance of same.
No failure to partially or fully to exercise any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercises of any right, remedy, power or privilege under these Terms precludes any other or further exercise of any other right, remedy, power or privilege.
If any part or Section of these Terms is determined to be invalid, void, illegal or unenforceable for any reason in any jurisdiction, only that part or Section will be severed. Such severing shall not affect the continuing validity, legality or enforceability of the remaining parts or Sections.
XX. Entire Agreement
XXI. White Glove Delivery
For White Glove Delivery (in-home setup and mattress removal), a customer or adult must be present at the scheduled time and delivery address. If no adult is present at the time of delivery, we reserve the right to leave the package with a secure receiving authority (e.g., doorman, concierge, or building package center). All mattresses removed using our White Glove Delivery must be in sanitary condition. White Glove Delivery fees are final and will not be refunded in the event you return any of the Products.
XXII. Reporting And Contact
The Site is operated by SSH Bedding Canada Co., 2550 Meadowvale Blvd., Mississauga, Ontario, L5N 8C2 .
All notices of copyright infringement claims should be sent to our legal department at [email protected].
Should you become aware of misuse of the Site including libelous or defamatory conduct, you must report it to us at [email protected].
We welcome your comments, suggestions, and ideas about the Site, but we have no obligation to review, agree with, or implement them. In addition, please understand that we retain sole and complete discretion to use, disclose, disseminate, publish, and publicly display anything you send us (including without limitation your ideas, suggestions, inventions, secrets, content and/or Postings) without paying or otherwise compensating you or anyone else. If you do not wish to grant us those rights, please do not send us anything without first contacting and discussing the matter with [email protected] or [email protected].
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