Terms of service

TERMS OF SERVICE

OVERVIEW

This website and online store are operated by BACK9 GROUP INC., operating as Back9. Throughout these Terms of Service, “Back9,” “we,” “us” and “our” refer to BACK9 GROUP INC.

Back9 provides this website, including its information, content, features, products and services, to offer customers a curated shopping experience. Our store is powered by Shopify.

These Terms of Service describe your rights and responsibilities when accessing our website, purchasing our products or otherwise using our services.

By accessing or using our services, you agree to these Terms of Service and our Privacy Policy. If you do not agree, you should not access or use our services.

SECTION 1 — ELIGIBILITY AND ACCOUNTS

By using our services, you confirm that you are at least the age of majority in your province, state or jurisdiction of residence, or that you have permission from a parent or legal guardian.

You agree to provide accurate, current and complete information when using our services or placing an order.

You are responsible for protecting your account credentials and for activity conducted through your account. You may not sell, transfer or assign your account to another person.

SECTION 2 — PRODUCTS

We make reasonable efforts to display our products, colors, details and photographs accurately. However, appearance may vary because of lighting, photography, device displays and individual screen settings.

Product descriptions, designs, specifications and availability may be changed without notice. We may discontinue products or limit quantities available to a person, location or jurisdiction.

Nothing in these Terms limits warranties or consumer rights that cannot legally be excluded.

SECTION 3 — ORDERS

Submitting an order is an offer to purchase. An order is not accepted until payment has been authorized and we provide confirmation that the order has been accepted.

We may decline, limit or cancel an order for reasons including:

• Product or inventory errors
• Incorrect pricing or product information
• Payment authorization failure
• Suspected fraud or unauthorized activity
• Shipping restrictions
• Incorrect customer or delivery information

If we cancel an order after payment has been captured, we will issue a refund to the original payment method.

Please review your information carefully before submitting an order. We cannot guarantee that an order can be changed or cancelled after processing begins.

Purchases are subject to our Return and Refund Policy.

Products purchased through our store are intended for personal or household use and not for unauthorized commercial resale.

SECTION 4 — PRICES AND BILLING

Unless otherwise stated, prices are displayed and charged in United States dollars.

Prices, promotions and discounts may change without notice. The price charged will be the price displayed when the order is placed and confirmed.

Unless expressly stated otherwise, listed prices do not include shipping charges, applicable taxes, duties, brokerage fees or import charges.

You agree to provide accurate and complete billing and payment information and confirm that you are authorized to use the selected payment method.

SECTION 5 — SHIPPING AND DELIVERY

Orders are shipped according to our Shipping Policy.

Processing and delivery times are estimates and are not guaranteed. Delays may occur because of carriers, weather, customs processing, high order volume or circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

Nothing in this section limits rights or remedies available under applicable consumer-protection law.

SECTION 6 — RETURNS AND REFUNDS

Returns, exchanges and refunds are governed by our Return and Refund Policy.

Customers have 14 days after delivery to request an eligible return. Merchandise must satisfy the conditions stated in that policy.

SECTION 7 — INTELLECTUAL PROPERTY

The Back9 name, logos, designs, product graphics, photographs, videos, written content, website design and other brand materials are owned by or licensed to BACK9 GROUP INC.

Our content may be used only for personal and non-commercial purposes. You may not copy, reproduce, modify, distribute, publish, sell or commercially use our intellectual property without prior written permission.

Shopify and other third-party names, logos and trademarks belong to their respective owners.

SECTION 8 — OPTIONAL TOOLS

We may provide access to features or tools supplied by third parties.

Third-party tools are provided subject to their own terms and policies. We do not control those tools and are not responsible for their availability, performance or practices.

Your use of third-party tools is at your own discretion and risk.

SECTION 9 — THIRD-PARTY LINKS

Our services may include links to websites or services operated by third parties.

We are not responsible for independently operated websites, their content, availability, security or privacy practices. Review the applicable third party’s terms and policies before completing a transaction or providing information.

Questions concerning third-party products or services should be directed to the applicable third party.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

Back9 is powered by Shopify, which provides the ecommerce platform used to make our services available.

Purchases made through our store are transactions directly between you and BACK9 GROUP INC. Shopify is not the seller of Back9 merchandise and is not responsible for fulfilling Back9 orders.

Certain information may be processed by Shopify as described in our Privacy Policy and Shopify’s applicable privacy documentation.

SECTION 11 — PRIVACY

Personal information collected through our services is handled according to our Privacy Policy.

Because our store is hosted by Shopify, information may be processed by Shopify and other service providers that help us operate the store, process payments, fulfill orders and provide customer support.

Review our Privacy Policy for additional information about how personal information is collected, used and disclosed.

SECTION 12 — REVIEWS AND FEEDBACK

If you submit a product review, photograph, suggestion or other feedback, you confirm that you own or have permission to submit it.

You grant Back9 a non-exclusive, worldwide, royalty-free license to use, reproduce and display the submitted material for operating, improving and promoting our services.

You must disclose any compensation or incentive received in connection with a review.

Feedback must not violate another person’s intellectual-property, privacy or other legal rights. It must not contain unlawful, misleading, abusive or malicious material.

SECTION 13 — ERRORS AND INACCURACIES

Information on our website may occasionally contain errors or omissions relating to products, descriptions, pricing, promotions, shipping charges, delivery estimates or availability.

We may correct errors, update information or cancel affected orders. If an order is cancelled after payment has been captured, the applicable amount will be refunded.

SECTION 14 — PROHIBITED USES

You may not use our services:

• For unlawful or fraudulent purposes
• To violate applicable laws or regulations
• To infringe intellectual-property or privacy rights
• To submit false or misleading information
• To transmit malicious code
• To collect personal information without authorization
• To send spam or unauthorized solicitations
• To impersonate another person or business
• To interfere with website security or operation
• To bypass access restrictions or security measures
• To copy, resell or exploit our services without permission

We may restrict or terminate access when we reasonably believe these Terms have been violated.

SECTION 15 — DISCLAIMER

Our website and services are provided on an “as available” basis.

We do not guarantee that access will always be uninterrupted, secure or error-free. To the fullest extent permitted by law, we disclaim warranties that are not expressly stated in these Terms.

Nothing in these Terms excludes warranties, remedies or consumer rights that cannot legally be excluded.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, BACK9 GROUP INC. will not be responsible for indirect, incidental, special or consequential losses resulting from the use of our website, services or products.

Our liability will not be limited where doing so is prohibited by applicable law.

SECTION 17 — INDEMNIFICATION

You agree to indemnify and hold BACK9 GROUP INC. harmless from third-party claims, losses or reasonable expenses resulting from your unlawful use of our services or your material violation of these Terms.

SECTION 18 — TERMINATION

We may suspend or terminate access to our services when these Terms are materially violated or when necessary to protect Back9, our customers or our service providers.

Any obligations incurred before termination will remain enforceable.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be enforced to the fullest extent permitted, and the remaining provisions will continue in effect.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a provision does not waive our right to enforce it later.

These Terms and the policies referenced within them constitute the agreement between you and Back9 concerning your use of our services.

SECTION 21 — ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our written consent.

We may assign our rights and obligations as part of a reorganization, financing, sale or transfer of our business, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Nothing in this section limits mandatory consumer rights available in a customer’s place of residence.

SECTION 23 — CHANGES TO THESE TERMS

We may update these Terms by publishing a revised version on our website.

Material changes will take effect as stated in the applicable notice or as otherwise permitted by law. Continued use of our services after an update constitutes acceptance of the revised Terms.

SECTION 24 — CONTACT

Questions about these Terms of Service can be sent to:

BACK9 GROUP INC.
Operating as Back9
Email: info@back9.shop