Breath.In Air – Terms of Service

Last Updated: 22 February 2025

OVERVIEW

This website is operated by Breath.In Air. Throughout the site, the terms “we”, “us” and “our” refer to Breath.In Air. Breath.In Air offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including those additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. Acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update or change any part of these Terms by posting updates to our website. Your continued use of the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your jurisdiction, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, through use of the Service, violate any applicable laws (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand your content (excluding credit card information) may be transferred unencrypted and involve:

  • Transmissions over various networks, and

  • Changes to conform to technical requirements of networks/devices.

Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service without express written permission from us.

SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

We are not responsible if information on this site is not accurate, complete, or current. Material is provided for general information and should not be relied upon as the sole basis for decision-making without consulting more accurate or timely sources.

We reserve the right to modify content at any time, with no obligation to update. It is your responsibility to monitor changes.

SECTION 4 – MODIFICATIONS TO SERVICE AND PRICES

Product prices and Services may change without notice. We reserve the right to modify or discontinue the Service at any time without notice.

We are not liable to you or any third-party for any such modification, price change, suspension, or discontinuance.

SECTION 5 – PRODUCTS OR SERVICES

Certain products may be available exclusively online and in limited quantities. They are subject to return or exchange only according to our Returns Policy.

We strive to display product colors and images accurately, but cannot guarantee your monitor displays them perfectly.

We may limit sales by person, region, or jurisdiction. We may discontinue products or adjust pricing at any time. Any offer on this site is void where prohibited.

We do not guarantee that product or service quality will meet your expectations.

SECTION 6 – BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order. We may limit quantities per person, per household, or per order. Restrictions may apply to orders using the same billing/shipping info.

You agree to provide accurate, complete, and current information for all purchases, including:

  • Billing details

  • Contact information

  • Credit card details

Please update your account promptly to ensure order completion and communication.

For more information, refer to our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools "as is" without any warranties or endorsements. Your use of such tools is entirely at your own risk.

New features or services introduced will also be governed by these Terms.

SECTION 8 – THIRD-PARTY LINKS

Some content, products, or services available via our site may include third-party materials or links.

We are not responsible for content accuracy or liability related to third-party websites. Review third-party terms before engaging in transactions.

SECTION 9 – USER COMMENTS & FEEDBACK

If you submit suggestions, proposals, ideas, or content, you agree we may use, edit, or publish it without restriction or compensation.

You are responsible for your submissions and must ensure they do not violate third-party rights or laws.

We reserve the right to monitor or remove any content that violates these Terms or is otherwise objectionable.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal data through the site is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES & OMISSIONS

Occasionally, site information may contain errors or inaccuracies related to product descriptions, pricing, or availability. We reserve the right to correct such errors without notice.

We are not obligated to update any information unless required by law.

SECTION 12 – PROHIBITED USES

You are prohibited from using the site or content to:

  • Violate laws or rights

  • Upload malware or false information

  • Abuse, harass, or discriminate

  • Circumvent security features

  • Interfere with Service functionality

We reserve the right to terminate service for prohibited conduct.

SECTION 13 – WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

We do not guarantee uninterrupted, error-free, or secure use of our Service.

The Service and all products are provided “as is” without warranties of any kind, express or implied.

Breath.In Air shall not be liable for any direct, indirect, incidental, or consequential damages, even if advised of the possibility.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless Breath.In Air and its affiliates, contractors, and employees from any claims resulting from your breach of these Terms.

SECTION 15 – SEVERABILITY

If any provision is deemed unenforceable, the remainder of these Terms shall remain valid and enforceable to the fullest extent permitted by law.

SECTION 16 – TERMINATION

These Terms remain effective until terminated by you or us. We may suspend access immediately if you violate any part of these Terms.

SECTION 17 – ENTIRE AGREEMENT

These Terms, along with posted policies, constitute the entire agreement between you and us regarding your use of the Service.

SECTION 18 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 – REVISIONS

We may update these Terms at any time. The most current version will always be posted here. Continued use after changes implies acceptance.

SECTION 20 – CONTACT INFORMATION

Questions about these Terms?
📧 Email: hello@breathinair.com

SECTION 21 – BUSINESS INFORMATION & CONTACT DETAILS

Business Name: Breath In Air Pty Ltd
Registered Address: PO Box 2056, Como, WA 6152, Australia
Customer Support: hello@breathinair.com

SECTION 22 – ADDITIONAL TERMS FOR UK ORDERS

Orders to the UK valued under £135 are processed by Passport Global Limited. These terms describe how your information, payments, and shipments are handled through Passport. By placing such an order, you agree to these additional terms.

(✔ All terms from your original "Passport" section remain intact and valid.)