Disclaimers

Version Date: October 2, 2023

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

The term "Breezy Blue Photos Ltd", “We”, “Us” or “Our” used in this Disclaimer shall be deemed to include Breezy Blue Photos Ltd. and its affiliates, successors and assigns.

“You” and "Your" means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Site refers to Breezy Blue Photos Ltd., accessible from (www.breezybluephotos.com).

By using any of this Site or services available on or through this Site, you consent and agree to these disclaimers, along with any terms and conditions found in the section below (referred to as the “Terms and Conditions”).

Breezy Blue Photos Ltd. reserves the right, at its discretion, to change, update, add or remove any parts of the Terms, at any time without prior notice. Each time you use this Site, it is your responsibility to check the Terms for changes. Your continued use of this Site following the posting of changes to the Terms will mean you accept those changes.

You expressly agree that use of the Site, Breezy Blue Photos Ltd., is at your sole risk. The Site, the services and the information or materials found therein are provided on an "as is, where is, as available" basis. Breezy Blue Photos Ltd. makes no representations or warranties, either express or implied, of any kind with respect to the Site, its contents (including without limit product descriptions and prices) or any services.

Breezy Blue Photos Ltd. disclaims all warranties, express or implied, including, but not limited to, merchantability and fitness for a particular purpose.

The user expressly acknowledges that (i) there are no warranties or representations made regarding the content of the Site including without limitation how current it is, its accuracy, its completeness, its availability, its security, that defects will be corrected or that the Site, any hyperlinked website, or the servers upon which they reside is free of viruses or other harmful components; and (ii) as a service to users of the Site, Breezy Blue Photos Ltd. may include links to other websites that Breezy Blue Photos Ltd. has no control over, and makes no endorsements or representations of any kind regarding the products, services, business practices, content or appropriateness of content on such websites, and the user hereby irrevocably waives any claim against Breezy Blue Photos Ltd. with respect to such websites.

Breezy Blue Photos Ltd. may, in its sole discretion, suspend, restrict or terminate the operation of any portion of its Site or any part thereof, effective at any time, without notice, and for any reason.

None of Breezy Blue Photo Ltd. or any of its respective directors, employees, agents, or other representatives will be liable for damages, claims, expenses or other costs (including without limitation legal fees) arising out of or in connection with the use of, or inability to use, the Site or any information therein contained, or any hyperlinked website.

This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, exemplary, punitive and consequential damages, programs, data, or personal information, loss of income or profit, loss or damage to property and claims of third parties, even if Breezy Blue Photos Ltd. has been advised of the possibility of such damages. You agree that your exclusive and sole remedy is to stop using the Site. You hereby waive any claim for damages.

You agree to indemnify, defend and hold harmless Breezy Blue Photos Ltd., its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable lawyers' fees, resulting from any violation of the Terms, any applicable laws or any activity (including negligent or wrongful conduct) related to your use of any of the Sites, whether such violation or activity is done by you or any other person accessing the Site using your devices or accounts.

The Site is controlled by Breezy Blue Photos Ltd. from its office within the Province of British Columbia, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places have laws that may differ from those of the Province of British Columbia, Canada, by accessing the Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable to the Province of British Columbia, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws.

In the event that any parts of the Terms and Conditions are held to be indefinite, invalid, illegal or otherwise unenforceable, the other parts of the Terms and Conditions will not fail and will continue in full force and effect. The Terms and Conditions constitute the entire agreement between you and Breezy Blue Photos Ltd. and your use of the Site.

The failure or delay of Breezy Blue Photos Ltd. in exercising any right or remedy under the Terms or elsewhere shall not constitute a waiver of such right or remedy. As well, the section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

Terms and Conditions

Modification to Services and Terms and Conditions
Breezy Blue Photos Ltd. reserves the right, in its sole discretion, to make any updates, modifications and adjustments to services provided, including without limit products, prices, product warranties, specifications and availability, and to the Terms and Conditions, at any time without prior notice. Each time you use Breezy Blue Services or the Website, it is your responsibility to check the Terms and Conditions for changes. Your continued use of Breezy Blue Ltd. services and the website following the posting of changes to any Terms and Conditions will mean you accept those changes.

Prices and Availability; Errors, Omissions, Returns

All prices are subject to applicable provincial and federal sales tax, handling charges and shipping charges. All prices quoted are in Canadian dollars. Breezy Blue Photos Ltd. reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. Breezy Blue Photos Ltd. does not guarantee the availability of any products or Services described on the website. While Breezy Blue Photos Ltd. stives to provide accurate product and pricing information, errors in such information may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained on the Breezy Blue Photos website and any information included is subject to change by Breezy Blue Photos Ltd. at any time. Without limiting the generality of any other terms and conditions, Breezy Blue Photos Ltd. does not accept liability for any errors or omissions which may be found on the Breezy Blue Photos Ltd. website or for unavailability of any product or any of the services provided. If a product or service appears with any incorrect product or pricing information, Breezy Blue Photos Ltd. reserves the right to cancel any orders for the product or service.

User’s Warranties and Representations

The website www.breezybluephotos.com is owned and operated by Breezy Blue Photos Ltd. By your use of services and products provided by Breezy Blue Photos Ltd., you indicate that you accept the Terms and Conditions, and that you agree to be bound by and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you (“you” or “user”) and Breezy Blue Photos Ltd. That you will use the services or purchase the products only in a manner that is consistent with the Terms and Conditions.
You represent that you have reached the age of majority or legal age in your jurisdiction and have the ability to enter into legally binding contracts under applicable law. You warrant to the accuracy of all information provided to Breezy Blue Photos Ltd., including, but without limitation, your name, address, and credit card information, and agree to keep this information accurate and updated. Breezy Blue Photos Ltd. is under no obligation to ensure the accuracy of any information entered by any user of Breezy Blue Photos Ltd.

Governing Law and Jurisdiction

Breezy Blue Photos Ltd. (excluding linked websites) is controlled by its office within the Province of British Columbia, Canada. This website can be accessed from all provinces and Territories of Canada, as well as from other countries around the world. As each of these places have laws that may differ from those of the Province of British Columbia, Canada, you agree that all matters relating to the services provided by Breezy Blue Photos Ltd., or any other hyperlinked website, will be governed by the laws of the Province of British Columbia and the laws of Canada applicable to that province, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws. Except as otherwise prohibited by law, any claim or dispute against Breezy Blue Photos Ltd. must be brought within one year from the date the cause of action arises.

Trade-Marks

Registered and non-registered trade-marks, related words, domain names and logos which are the property of Breezy Blue Photos Ltd. may appear from time to time on the website. All other trade-marks, product names and company names or logos cited herein which are not the property of Breezy Blue Photos Ltd. are the property of their respective owners. Breezy Blue Photos Ltd. trade-marks may not be used without Breezy Blue Photos Ltd. express authorization and, without limiting the generality of the foregoing, Breezy Blue Photos Ltd. trade-marks may not be used in connection with any products or services which are not Breezy Blue Photos Ltd. or authorized by Breezy Blue Photos Ltd., or in any manner that is likely to cause confusion among customers or potential customers of Breezy Blue Photos Ltd., or in any manner that disparages or discredits Breezy Blue Photos Ltd.

Severability

In the event that any parts of the Terms and Conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those Terms and Conditions will not fail on account thereof, and the balance of the Terms and Conditions will continue in full force and effect.
Breezy Blue Photos Ltd. may assign its rights under these Terms and Conditions without notice to you. You may not assign your rights and obligations under these Terms and Conditions.

Agreement

The website and the Terms and Conditions constitute the entire agreement between you and Breezy Blue Photos Ltd. governing access and use of this website.

No Waiver of Rights

The failure of Breezy Blue Photos Ltd. to exercise or enforce, or delay in exercising or enforcing, any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. The waiver of Breezy Blue Photos Ltd. of any breach of any provision of the Terms and Conditions will not be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.