Terms of Service

Last Updated: October 1, 2023

1. Introduction

Welcome to Energy Pulse. These Terms of Service ("Terms") govern your use of the Energy Pulse website (energy-pulse.com), services, and products. By accessing our website or using our services, you agree to be bound by these Terms and our Privacy Policy.

Please read these Terms carefully before using our services. If you do not agree to these Terms, you must not access or use our services.

2. Definitions

In these Terms:

  • "Energy Pulse," "we," "us," or "our" refers to Energy Pulse, a company registered in Canada.
  • "Services" refers to any products, services, content, features, technologies, or functions offered by Energy Pulse.
  • "User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
  • "Website" refers to energy-pulse.com and all related subdomains.

3. Account Registration

Some portions of our Services may require you to create an account. When you register, you agree to:

  • Provide accurate and complete information.
  • Maintain and promptly update your account information.
  • Keep your password secure and confidential.
  • Notify us immediately of any unauthorized access to your account.
  • Be responsible for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. Purchases and Payments

4.1 Product Information

We strive to provide accurate product descriptions, pricing, and availability information. However, errors may occur. We reserve the right to correct any errors and to change or update information at any time without prior notice.

4.2 Pricing and Payment

All prices are in Canadian Dollars (CAD) unless otherwise stated. Prices are subject to change without notice. Payment terms are determined at the time of purchase. We accept various payment methods as indicated on our Website.

4.3 Shipping and Delivery

Shipping and delivery information, including methods, timeframes, and costs, will be provided during the checkout process. Delivery times are estimates and not guaranteed. Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.

4.4 Refunds and Returns

Our refund and return policies are as follows:

  • Products may be returned within 30 days of receipt if in original condition.
  • Some items, including software and personalized products, may not be eligible for return.
  • Refunds will be issued in the original form of payment when possible.
  • Shipping and handling charges are non-refundable unless the return is due to our error.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content on our Website, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Energy Pulse or our content suppliers and is protected by Canadian and international copyright laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. This license does not include:

  • Modifying or copying our materials
  • Using materials for commercial purposes
  • Attempting to decompile or reverse engineer any software on our Website
  • Removing any copyright or proprietary notations
  • Transferring materials to another person or "mirroring" materials on any other server

5.3 User Content

By posting, uploading, or otherwise transmitting content to our Website (e.g., reviews, comments), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that you own or control all rights to the content you post and that its publication will not violate any third-party rights or laws.

6. User Conduct

When using our Services, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe the rights of any third party
  • Use our Services to distribute unauthorized or unsolicited advertising
  • Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from our servers
  • Use automated means to access or collect data from our Services
  • Introduce malicious code, including viruses, trojans, worms, or other harmful components
  • Engage in any activity that could damage, disable, overburden, or impair our Services

7. Disclaimers and Limitation of Liability

7.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

7.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ENERGY PULSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
  • ANY CONTENT OBTAINED FROM OUR SERVICES
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO OUR SERVICES SHALL NOT EXCEED THE GREATER OF $100 CAD OR THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless Energy Pulse and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any rights of another
  • Your conduct in connection with our Services

9. Modifications to Terms and Services

We reserve the right to modify or replace these Terms at any time. Material changes will be notified by posting the revised Terms on our Website with an updated effective date. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

We may also modify, suspend, or discontinue any part of our Services at any time, with or without notice.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or our Services shall be finally settled by binding arbitration, under the rules of the ADR Institute of Canada. The arbitration shall take place in Toronto, Ontario, in English, and the arbitral decision may be enforced in any court.

Nothing in this section shall prevent us from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to our Services.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect and enforceable.

12. Entire Agreement

These Terms constitute the entire agreement between you and Energy Pulse regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our Services.

13. Contact Information

Questions about these Terms should be sent to us at:

Energy Pulse
123 Tech Avenue
Toronto, ON M5V 2K6
Canada

Email: [email protected]
Phone: +1 (416) 555-0123