Terms + Conditions

Effective date: May 24, 2021

Thanks for visiting EXPAND+BREATHE’s Terms + Conditions!  

These Terms of Service ("Terms") cover your use of and access to the sites, templates, products, applications, tools, services and features (collectively, the "Services") provided by EXPAND+BREATHE (as defined below) including web and mobile and other applications.

Please read this Agreement (as defined below) carefully! It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, the resolution of disputes by arbitration and a class action waiver. Please note if you are an EU Consumer (as defined below), some of these provisions may not apply to you and you may be entitled to specific rights under the mandatory laws of the country in which you live.

By using or accessing the Services, you're agreeing to these Terms. If you're using the Services for or on behalf of an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

Introduction

These terms and conditions apply between you, the user of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and EXPAND+BREATHE, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately. 

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by EXPAND+BREATHE and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to EXPAND+BREATHE and accessing the Website in connection with the provision of such services. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.  

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of EXPAND+BREATHE, our affiliates, or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data, compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner's prior written permission.

  2. You may, for your own personal, non-commercial use only, do the following: Academic research or educational use which is: (1) not-for-profit; (2) not conducted or funded by an entity engaged in the commercial use or exploitation of works similar to the Works; and (3) not intended to Produce works for commercial use.

  3. You must no otherwise reproduce, modify, copy or use for commercial purposes any Content without the written permission of EXPAND+BREATHE.

Prohibited Use

4. You may not use the Website for any of the following purposes:

a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of any applicable law, regulation, governmental order

c. making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner.

Availability of the Website and Disclaimers

5. Any online facilities, tools, services, or information that EXPAND+BREATHE makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality. EXAPDN+BREATHE is under no obligation to update information on the Website.

6. Whilst EXPAND+BREATHE uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses, and other malware, we give no warranty or guaranty in that regard, and all Users take responsibility for their own security, that of their personal details and their computers.

7. EXPAND+BREATHE accepts no liability for any disruption or non-availability of the Website.

8. EXPAND+BREATHE reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of Liability

9. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

10. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

11. To the maximum extent permitted by law, EXPAND+BREATHE accepts no liability for any of the following;

  1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities;

  2. loss or corruption of any data, database, or software;

  3. any special, indirect, or consequential loss or damage.

General

12. You may not transfer your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

13. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms of conditions regularly to ensure familiarity with the then current version.

14. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the terms and conditions.

15. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions, and no third party will have any right to enforce or rely on any provision of these terms and conditions.

16. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

17. Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Contact Us

We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions:

  • By email: info@expandbreathe.com