Welcome to Balloon Passion (“us”; “we”) balloonpassion.ca website (the “Site”). We maintain this Site as a service to our clients (“Buyer” or “you”) for the all purchases of goods (“Goods”) that are sold by Balloon Passion to you. By using, visiting or shopping on our Site, you are agreeing to comply with and be bound by the following terms of use. Please review them carefully.

ACCEPTANCE OF AGREEMENT.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

PRIVACY POLICY

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

TERMS OF USE MODIFICATIONS

Balloon Passion hereby reserves the right to modify this Agreement from time to time in its sole discretion. Reasonable notice shall be provided to users and continued use of the Site by users is deemed an acceptance and ratification of any changes made to this Agreement.

MODIFICATIONS TO THE SITE AND PRICING SCHEDULES

Balloon Passion may in its sole discretion add, delete, modify or amend features and/or services, and fees contained within and featured on the Site.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

The content, organization, graphics, design, compilation, translation, digital conversion and other matters related to the Site are the property of Balloon Passion or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 8, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

TRADEMARKS

Balloon Passion, balloonpassion.ca, and other Balloon Passion graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Balloon Passion or its affiliates in the U.S. and/or other countries. Balloon Passion trademarks and trade dress may not be used in connection with any product or service that is not Balloon Passion’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Balloon Passion. All other trademarks not owned by Balloon Passion or its affiliates that may appear
on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Balloon Passion or its affiliates.

LICENSE AND SITE ACCESS; LIMITED RIGHT TO USE

Balloon Passion grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Balloon Passion. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Balloon Passion. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Balloon Passion and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Balloon Passion’s name or trademarks without the express written consent of Balloon Passion. Any unauthorized use terminates the permission or license granted by Balloon Passion. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to balloonpassion.ca so long as the link does not portray Balloon Passion, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Balloon Passion’s logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Balloon Passion may sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Site only with involvement of a parent or guardian. Balloon Passion and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

NONTRANSFERABLE

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

USE OF INFORMATION

We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

ORDERS & SPECIFICATIONS

You represent that information provided by you when placing your order is up-to-date, materially accurate and is sufficient for Balloon Passion to fulfill your order. You also represents that you have legal capacity to enter into this Agreement. Any typographical, clerical or other accidental errors or omissions on the Site or in any quotation, price list, acceptance or offer, invoice or other document or information issued by Balloon Passion shall be subject to correction without any liability on the part of Balloon Passion. Illustrations, photographs or descriptions included on the Site are intended as a guide only and shall not be binding on Balloon Passion. Balloon Passion reserves the right to notify you of any mistakes in the description of the goods or errors in pricing prior to shipping the Goods. In such event if you choose to continue with the fulfillment of the order, Balloon Passion acknowledges that the Goods will be provided in accordance with such revised description or corrected price. Balloon Passion reserves the right to make any changes in the specifications of the Goods which are required to conform with any applicable law, safety or other statutory, regulatory, or court-ordered requirements. All quoted prices are exclusive of packaging and delivery, as well as any applicable value added tax, excise, sales or taxes or levies of a similar nature, which you shall be additionally liable to pay to Balloon Passion.

HOLD HARMLESS AND INDEMNIFICATION

By using the Site, you agree to indemnify and hold Balloon Passion and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and third party providers harmless, including but not limited to reasonable attorneys’ fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of this Agreement or the infringement of any intellectual property or other right of any person or entity.

THIRD-PARTY SERVICES

We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, 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 MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

THIRD-PARTY MERCHANT POLICIES

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

PAYMENTS

Payments shall be made to Balloon Passion in CAD Dollars, by credit card or Paypal. You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is
true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. Balloon Passion shall not process any orders based on or using an incorrect, expired, or over-charged credit card. If a card issuer refuses to authorize payment, Balloon Passion will not confirm acceptance of the order, no contract will be formed, and Balloon Passion will not be liable for delay or non-delivery. Balloon Passion reserves the right to collect funds for any uncollected transactions owed to it. Balloon Passion may charge a nominal fee of $10.00 per order should a payment made by credit card is declined, necessitating an alternative mode of payment or exception processing. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Balloon Passion may charge such amount directly to the credit card identified in your account information and Balloon Passion may cancel any purchases made by you on the Site. You agree that you shall bear sole liability for any fees, including attorneys’ fees and collection costs, that Balloon Passion may incur in its efforts to collect any unpaid balances from you. Your right to use the Site and make purchases on the Site is subject to limits established by Balloon Passion and/or by your credit card issuer.

SECURITIES LAWS

This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions,
plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

LINKS TO OTHER WEB SITES

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

COPYRIGHTS AND COPYRIGHT AGENTS

We respect the intellectual property of others, and we ask you to do the same. We strive to offer original ideas and artwork on our site. Due to our global sourcing network, certain copyrights infringements, it at all, are out of our control. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us using the contact form, and we will respond immediately.