TERMS AND CONDITIONS OF USE

Effective Date: November 22, 2023

Acknowledgment

Welcome to Oceanseen Lifestyle Ltd. (“Oceanseen”, “we”, “our” or “us”). The following terms and conditions (the “Terms”) governs the use of our services and applies to our website located at https://www.oceanseen.com/ and any other website (the “Website”) or online service or platform that links to this policy (the “Services”). By accessing or using the Website or the Services, you, as the user of our Services (“you”) signify that you have read, understand, and agree to be bound by the Terms. If you are not willing to be bound by the Terms, you must not use the Services.

The use of the Services may be subject to additional Terms of Oceanseen, which are hereby incorporated by this reference into these Terms. Please read and review our privacy policy before using our Services.

This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Placing Orders

By placing an order for products (the “order”) through the Services, you warrant that you are legally capable of entering into binding contracts and that you are the age of majority in your province or territory of residence. If you are under the age of majority in your province or territory of residence, you may use the Website and the Services only with a parent or guardian.

We reserve the right to refuse service, terminate accounts or your rights to use the Services in our sole discretion.

Your Information

If you wish to place an order available through the Services, you may be asked to provide us with certain information including but not limited to your name, email, phone number, credit card information, your billing address, and your shipping information.

By submitting such information, you agree that you have granted us the right to provide the information to our payment processing provider and/or delivery information to the third-party delivery provider for the purpose of facilitating the completion of your order.

Order Cancellation

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

  • The availability of products

  • Errors in the description or prices for products

  • Errors in your order

  • Fraud or unauthorized or illegal transactions are suspected

Your order cancellation rights

Any products you purchase can only be returned or refunded in accordance with these Terms or on the specific refund and exchange policy found on our Website.

Risk of Loss

Risk of loss and title for items purchased from the Website pass to you upon our delivery to/pickup by the carrier or, if such items cross an international border, then risk of loss n title pass to you where they clear customs in Canada. 

Product Descriptions

We try to be as accurate as possible with product descriptions. However, we do not warrant that product description or other content of the Services is accurate, complete, reliable, current or error-free.

Prices Policy

Oceanseen reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or other online payment methods offered by Squarespace.

Payment cards (credit cards or debit cards) may be subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.

Intellectual Property

The Service and its original content features and functionality are and will remain the exclusive property of the Company and its licensors.

Availability, Errors and Inaccuracies

Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Oceanseen may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Feedback

Any comments or materials sent to Oceanseen including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be non-confidential. Oceanseen shall have no obligation of any kind with respect to the Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Oceanseen shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Information Oceanseen publishes on the World Wide Web may contain references or cross references to Oceanseen products, programs and services that are not announced or available in your area. Such references do not imply that Oceanseen intends to announce such products, programs or services in your area. Consult your local Oceanseen business contact for information regarding the products, programs and services which may be available to you.

You should assume that all materials on this web site are protected by copyright unless otherwise noted and may not be used except as permitted in these terms and conditions or with the express written consent of Oceanseen.

Disclaimer

YOU AGREE AND ACCEPT THAT INFORMATION ON THIS WEBSITE OR THROUGH THE SERVICES IS PROVIDED "AS IS" and “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE OR OTHER SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

AS PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL OCEANSEEN, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR THE SERVICES, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of the Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or $100.00 CAD if you have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Links to Third-Party Websites

This Website may contain links to other websites (the “Third-Party Sites”), on which you may access content or from which you may obtain products and services offered by our partners or third-party service providers (the “Third-Party Service Providers”). All rules, policies (including privacy policies), and operating procedures of the Third-Party Service Providers will apply to you while on the Third-Part Sites.

We are not responsible for the content, accuracy or opinions expressed on the Third-Party Sites, and we do not investigate, monitor or check the Third-Party Sites for accuracy or completeness. Inclusion of any linked Third-Party Sites does not imply our approval or endorsement of the Third-Party Sites. You understand that, and unless otherwise stated, we do not operate or control the products or services offered by the Third-Party Service Providers. If you decide to leave this Website, access the Third-Party Sites, and/or obtain the products or services of the Third-Party Service Providers, you do so at your own risk and without warranties of any kind by us, express, implied, or otherwise, including warranties of title, fitness for purpose, merchantability, or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and the Third-Party Service Providers or for any information appearing on the Third-Party Sites. We will not be liable for any incidental, special, or consequential damages of any kind that may result from the use of or inability to use the Third-Party Sites or the products or services of the Third-Party Service Providers

Social Media

Any social media pages, accounts, sites, channels, and/or applications (the “Social Media Pages”) which we may establish and administer serve as an extension of our web presence. Social Media Pages are public and are not hosted on our servers. If you choose to access and interact with us through our Social Media Pages, you should read the terms of service and privacy policies of these Third-Party Service Providers and any applications that you may use to access them.

Any comments, information, links, or other content of any kind (the “Comments”) that you may leave on the Social Media Pages are public and may be accessed and viewed by anyone. By leaving public Comments on our Social Media Pages, you agree not to post:

any personal information whether it belongs to you or someone else (for more information about what constitutes personal information, please refer to our Privacy Policy [link]);

anything unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable, misleading, repetitive, or off-topic; or

any unsolicited advertising or other forms of solicitation.

(the “Comment Policy”)

We reserve the right to hide or remove any Comments that violate our Comment Policy at our sole discretion. Any personal information that you provide to us through our Social Media Pages may be collected to capture our conversations, respond to your questions or requests, and for our own marketing research and analytics.

If you have any questions or concerns regarding our Social Media Pages, please Contact Us at hello@oceanseen.com.

Amendments to these Terms and Conditions

We reserve the right to amend these Terms at any time. We will ensure that the latest, fully amended version of these Terms is published on the Website with the most recent effective date. It is your responsiblity to review the Terms and if any amendments are unacceptable to you, you should terminate your use of the Website and our Services. If you continue to use the Website and our Services after the effective date of the amended Terms, you will be deemed to have accepted the amendments to the Terms.

Indemnification

You agree to indemnify, defend, and hold us and our partners, attorneys, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable legal fees, related to your violation of these Terms or use of this Website.

Severability

If any provision of the Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Governing Law

These Terms are governed in all respects solely by the laws of the Province of Ontario and the federal laws of Canada, as applicable. You agree to waive the right to bring any claim against Oceanseen Lifestyle, whether or not relating specifically to these Terms, in any court located outside of Ontario, or to argue that any such court has jurisdiction over any such claim. Nothing herein shall prevent Oceanseen Lifestyle from seeking or obtaining equitable relief in any court of competent jurisdiction.

Contact Us

If you have any questions about these Terms, you can contact us at hello@oceanseen.com.