These Terms and Conditions (these "Terms") comprise a legal agreement between you (“you” or “your”), the person accessing and using the Website and SpineSoft products and SpineSoft (“we”, “us” or “our”).

These Terms set forth the legally binding terms and conditions concerning your use of SpineSoft's website located at https://SpineSoft.ca/ (the “Website”) as well as services and products provided by SpineSoft, either online, in person or via telephone (collectively, the “SpineSoft Products”). The Website includes, but is not limited to and all other sites and mobile applications owned and operated by SpineSoft that redirect to the Website, all subdomains provided through such other site or the Website, and all downloadable applications, features, functionality, content or information that is made available or provided on the Website.

BY USING THE WEBSITE AND SpineSoft PRODUCTS, YOU AGREE YOU HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE WEBSITE AND SpineSoft SERVICES. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE AND SpineSoft SERVICES AND MUST CEASE USE OF THE SAME.

In consideration of the mutual promises and agreements contained in these Terms and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and SpineSoft agree as follows:

1. PRICE:

• All prices on SpineSoft website for any product is in Canadian dollars unless mentioned specifically for any product.
• SpineSoft reviews the pricing of the product every quarter and reserves the right to change the prices at any time without prior notice.
• SpineSoft also reserve the right to correct pricing errors that may inadvertently occur.
• Any orders already placed by the customer before the price change will be processed, billed, and delivered at the previous price.

2. PRODUCT & SPECIFICATIONS:

• SpineSoft may discontinue or add new products at any time, without giving any prior notice.
• Although we don't change specifications for a particular style, however, SpineSoft reserves the right to change the specifications at any time without prior notice.
• SpineSoft also reserve the right to correct pricing errors that may inadvertently occur.
• Any orders already placed by the customer before the specifications change will be processed, billed, and delivered at the prior specifications.

3. RETURNS:
If you have NOT unboxed and unpacked mattress:

• This normally happens if customer has changed his mind on the purchase or if SpineSoft has sent a wrong order.
• In these cases, we don't expect customer to unbox and unpack the mattress.
• For these returns, we offer 7 day return policy from the date of delivery of the mattress.
• If SpineSoft has delivered the product correctly and customer has changed his mind, then SpineSoft can arrange for the return of the mattress, however, the return shipping cost will be borne by the customer.
• If SpineSoft has delivered an incorrect size or style of the mattress , then SpineSoft will arrange the return of the mattress from the same address where it was delivered. Spinesoft will bear the cost of return shipping.
• Send an email to orders@spinesoft.ca for any such returns.

If you have unboxed and unpacked the mattress:

• Customers should start using the mattress in these cases. In case you are still not satisfied, you can return the mattress as part of our 100 night trial policy.
• SpineSoft will arrange for a pick up of the mattress which in most of the cases will be donated to a charitable institution.
• To process your return request, send an email to orders@spinesoft.ca with all the necessary information requested by SpineSoft including the images of the current condition of mattress to be returned.
• Use the original plastic cover (or any other alternate) to protect from any shipping damages.
• It will be customer's responsibility to bring the mattress to a spot from where it can be directly loaded into the pick up van/truck e.g. Outside the apartment/condo building or outside the ground floor of a house. Our pick up team will not be able to get into a house or apartment/condo building to pick the mattress.
• The pickup of a mattress may take 2-10 business days depending on the location of the pickup.
• If the mattress has been moved to a location other than the delivered address, additional charges will be applicable to pick up the mattress.

Once we receive the returned mattress, we will process the refund within 3 business days.
You should receive the refunded money back in your bank account within 2 weeks after the refund processing is complete.
We process refunds payments in the same payment method as it was paid when making the purchase.

4. TRIALS:

• SpineSoft mattress comes with 100 night of free trial which starts from date of delivery.
• The free trial is applicable for the first order placed by a customer for any SpineSoft mattress. The 100 night trial will not be applicable for any subsequent order placed by the same customer for same or any other size or style of SpineSoft mattress.
• We consider one or all of the factors to determine the eligibility of a customer for the trial period like payment details, customer name, email address, billing address, or any other identification provided.
• We want our customers to use the mattress for at least 50 days before making a decision whether they feel happy and comfortable with their SpineSoft mattress purchase. Please contact us at orders@spinesoft.ca after day 50 and before day 100 of the delivery date so that we can help process your request. Any communication after day 100 from the delivery date for trial period returns will not be entertained.
• The 100 day trial period returns will be applicable if the mattress is kept in good condition. The trial period return will become null and void if
  • the mattress is physcially damaged for any reason including but not limited to tears, cuts, water stains, burns, or any other type of fluid marks.
  • the mattress is abnormally dirty or in unhygienic condition.
  • the mattress is worn out beyond normal wear and tear.
  • the mattress is tampered, mishandled, or misused.
• We recommend our customers to reach out to us at enquiry@spinesoft.ca in case there are any questions about the eligibility for the 100 night trial.
• SpineSoft management reserves the final right to determine if the subsequent order is placed by the same customer and if the customer is eligible for the 100 night free trial.

5. PROMOTIONS:

• Each promotional offer is applicable till the date and time mentioned on the offer. if no time is mentioned, then midnight of the last date will be considered for offer validity.
• All promotional offers are valid till the quantities last. We make every effort to immediately reflect this on our website, but in some scenarios, it may be reflected after some business hours.
• SpineSoft does not offer any rain-checks for out of stock promotional items.
• If not specifically mentioned, promotional codes are valid for a single use purchase. It will be specifically mentioned on the promotion code details if the offer can be used multiple times.

6. DELIVERY:

• SpineSoft uses third party shipping partners to deliver the mattress.
• SpineSoft is not liable for any theft or damage of the mattress once it is delivered.
• SpineSoft is not liable for any damage to the customer's property while delivering a mattress. Any such disputes will need to be discussed by the third party shipping company.

7. CUSTOM MATTRESS:

• All the custom mattress are not subject to exchange or returns in any condition.
• Once order is placed on the website, it is considered as final as our design and manufacturing team immediately starts working on it.
• Contact SpineSoft immediately for any such cases by sending an email to orders@spinesoft.ca.
• We take every effort to keep our customers happy and with this vision, we will take a decision on what best can be done.

8. COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY:

• All Intellectual Property Rights relating to the SpineSoft products and the Website (www.spinesoft.ca) and any related services and/or materials provided by SpineSoft to you or accessed by you under the Terms shall be owned by SpineSoft. All such rights are reserved.
• All product, brand and company names and logos and trade-marks displayed on the Website are the trade-marks of SpineSoft (or its content partners, vendors, or third party licensors). Any use of any of the marks appearing on the Website or in connection with the SpineSoft products without the express written consent of SpineSoft or the owner of the mark, as appropriate, is strictly prohibited.
• SpineSoft respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at enquiry@spinesoft.ca.

9. TERMINATION:

• You agree that SpineSoft may, at its sole discretion, suspend or terminate your access to all or part of its website and resources for any reason, including, without limitations, breach of this User Agreement. This includes that there may be change these Terms at any time. If the changes are material, we’ll let you know by email or posting a notice on the site before the changes go into effect. The notice will designate a reasonable amount of time (the “Notice Period”) after which the new terms will go into effect for all users.
• Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with SpineSoft, including any account or login information.

10. LAW TERRITORY:

• Any dispute, issue, claim, or action regarding any transaction with SpineSoft shall be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

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