Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the IntelliBrella™ website, including any web-pages, content, features, services and online store available through www.intellibrella.com (collectively, the “Website”).

The Website and IntelliBrella™ products are operated and sold by Geophysis, doing business as IntelliBrella™ (“IntelliBrella™,” “Company,” “we,” “us” or “our”).

By accessing the Website, creating an account, submitting information or purchasing a product, you agree to these Terms. Please read them carefully before using the Website.

If you do not agree to these Terms, do not access the Website or purchase products through it.

1. Eligibility

You must be at least the age of majority in your province, territory, state or country of residence to place an order through the Website.

By using the Website, you represent that:

You are legally capable of entering into a binding agreement
The information you provide is accurate and complete
You will use the Website only for lawful purposes; and
You will comply with these Terms and all applicable laws

If you permit a minor to use the Website under your supervision, you are responsible for that use.

2. Changes to These Terms

We may update these Terms periodically to reflect changes to our products, services, business practices or legal obligations.

The updated version will be posted on the Website with a revised “Last Updated” date. Unless otherwise stated, changes take effect when posted.

Your continued use of the Website after updated Terms are posted constitutes your acceptance of those changes, subject to any rights that cannot legally be waived.

The Terms that apply to an order are the Terms displayed when that order is placed, unless a change is required by law.

3. Website Information

We make reasonable efforts to ensure that information on the Website is accurate and current. However, product descriptions, images, measurements, colours, specifications, availability, pricing and other content may occasionally contain errors or omissions.

Product colours and appearance may vary depending on lighting, photography, screen settings, manufacturing tolerances and material batches.

We may correct errors, update information or modify Website content at any time. We will not make a material change to a completed order without notifying you where required by law.

4. IntelliBrella™ Product Information

IntelliBrella™ is a shade-producing umbrella designed to reduce exposure to ultraviolet radiation within the area of coverage when properly positioned and used under appropriate conditions.

The protection provided by an umbrella can be affected by factors including:

The position and angle of the sun
Reflected or scattered ultraviolet radiation
The user’s position beneath the umbrella
Wind and weather conditions
The condition of the canopy
Gaps outside the umbrella’s covered area
Improper use, storage or maintenance; and
Damage, deterioration or modification of the product

Any ultraviolet-protection rating, percentage, classification or performance statement displayed on the Website applies only under the conditions and testing methods identified with that claim.

Unless expressly stated otherwise, product test results do not guarantee that all ultraviolet exposure will be eliminated in every environment or under every condition.

5. Health and Sun-Safety Notice

IntelliBrella™ is a consumer sun-shade product. It is not a medical device, medical treatment or substitute for professional medical advice.

No statement on the Website should be interpreted as diagnosing, treating, curing or preventing any disease or medical condition.

Individual sun sensitivity and protection needs vary. Customers should consider a complete sun-safety routine appropriate for their health, environment and activities. This may include seeking shade, wearing protective clothing, using suitable sunscreen and following advice from qualified medical or public-health professionals.

Do not disregard professional medical advice because of information presented on the Website.

Unless supported by an expressly identified product test and permitted by applicable law, IntelliBrella™ does not guarantee prevention of sunburn, skin damage, premature skin aging, skin cancer or any other health condition.

6. Safe and Proper Use

You are responsible for reading and following all instructions, warnings and care information supplied with the product.

Do not use IntelliBrella™:

During thunderstorms or where lightning is present
In high winds, severe weather or unsafe environmental conditions
Near overhead power lines or exposed electrical equipment
As a flotation device, walking aid, weapon or structural shelter
In a manner inconsistent with its instructions or intended purpose; or
If the frame, canopy, handle, opening mechanism or another component is visibly damaged

Use care when opening, closing and carrying the umbrella. Keep fingers, hair, clothing and other objects away from moving parts.

Children should use the product only under appropriate adult supervision.

You are responsible for securing and controlling the product while it is in use. Stop using it immediately if environmental conditions make continued use unsafe.

7. Product Modifications and Damage

Do not puncture, cut, coat, paint, bleach, chemically treat or otherwise modify the canopy or structural components.

Modification, abnormal wear, improper cleaning, prolonged exposure to unsuitable conditions or physical damage may reduce the product’s effectiveness and may void applicable warranty coverage.

A visibly damaged or materially deteriorated product should not be relied upon to provide its original level of performance.

8. Orders

Submitting an order does not automatically mean that we have accepted it.

After an order is submitted, we may send an electronic confirmation acknowledging receipt. This acknowledgement does not necessarily constitute final acceptance.

We may accept, reject or cancel an order where reasonably necessary, including because of:

Product unavailability
Incorrect pricing or product information
Suspected fraud or unauthorized payment
Shipping restrictions
An inability to verify customer information
A Website or inventory error
Suspected resale or commercial misuse; or
A violation of these Terms

A purchase agreement is formed when we accept the order and process payment, or when we otherwise confirm acceptance.

If we cancel an order after payment has been collected, we will refund the amount paid for the cancelled portion using the original payment method, subject to applicable law.

9. Customer Information

You agree to provide current, complete and accurate purchasing, billing, contact and shipping information.

You are responsible for reviewing your order details before completing checkout.

Contact us promptly if you discover an error. We cannot guarantee that an address, product or order can be changed after fulfilment has begun.

You are responsible for costs or losses caused by inaccurate information you supplied, except to the extent that the loss resulted from our error or applicable law provides otherwise.

10. Prices, Taxes and Currency

Product prices are shown in Canadian dollars (CAD) unless otherwise indicated.

Applicable sales taxes, shipping fees, customs charges and other amounts will be displayed or calculated during checkout where reasonably possible.

Prices may change without notice, but a price change will not affect an order already accepted, except where permitted by law and agreed to by the customer.

If a product is displayed at an obviously incorrect price due to a typographical, technical or system error, we may cancel the affected order and issue a refund. We will notify you if this occurs.

11. Payments

Payments are processed through a third-party payment provider and other available payment providers.

By submitting payment information, you represent that:

You are authorized to use the selected payment method
The payment information is accurate
The transaction does not violate applicable law; and
You authorize the applicable charges associated with your order

Payment providers may impose their own terms and privacy practices. We are not responsible for a payment provider’s independent services, systems or conduct, except where the law provides otherwise.

We do not guarantee that every payment method will always be available.

12. Shipping and Delivery

Shipping availability, fees, processing times and estimated delivery periods are described at checkout or in our Shipping Policy.

Delivery dates are estimates unless we expressly agree to a guaranteed date in writing.

Delivery may be affected by carriers, customs processing, weather, labour disruptions, emergencies, incorrect addresses and other circumstances outside our reasonable control.

Risk of loss and ownership of the product transfer as provided by applicable law. Nothing in these Terms transfers legally imposed delivery risks to you where such a transfer is prohibited.

You are responsible for reviewing tracking information and notifying us promptly of delivery problems.

Additional details are available in our Shipping and Delivery Policy, which forms part of these Terms.

13. International Orders

For orders shipped outside Canada, the recipient may be responsible for import duties, brokerage fees, tariffs, taxes and other governmental charges.

These charges are not included in the product price or standard shipping fee unless expressly stated during checkout.

International customers are responsible for confirming that the product may lawfully be imported, possessed and used in the destination country.

Customs authorities may open and inspect shipments.

14. Returns, Refunds and Exchanges

Returns, exchanges and refunds are governed by our Returns and Refunds Policy, which forms part of these Terms.

Unless otherwise required by law, products must satisfy the stated eligibility requirements, return period and condition standards to qualify for a voluntary return.

Nothing in these Terms or our Returns and Refunds Policy limits a right or remedy that cannot legally be excluded, including rights relating to misrepresented, defective or undelivered products.

15. Limited Product Warranty

Any written warranty provided with an IntelliBrella™ product is governed by the separate IntelliBrella™ Warranty Policy.

Unless expressly stated in that policy, a warranty does not cover:

Normal wear and tear
Cosmetic changes that do not affect function
Wind, storm or weather damage
Accidents, drops, crushing or impact damage
Misuse or improper storage
Failure to follow care or safety instructions
Unauthorized repairs or modifications
Chemical exposure or improper cleaning
Commercial or rental use; or
Damage caused by third-party accessories

The Warranty Policy does not exclude statutory warranties, guarantees or remedies that cannot legally be excluded.

16. Promotions and Discount Codes

Promotions, contests, bundles, discount codes and special offers may be subject to additional rules.

Unless otherwise stated:

Offers cannot be combined
Discount codes have no cash value
Codes apply only to eligible products
Offers may be limited by time, quantity, location or customer
Discounts do not apply retroactively; and
Promotions may be modified or withdrawn before an order is accepted

We may refuse or cancel the unauthorized, fraudulent or abusive use of a promotion.

17. Accounts and Account Security

Certain Website features may allow you to create an account.

You are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account.

Notify us promptly if you suspect unauthorized access.

We may suspend or terminate an account where reasonably necessary to protect the customer, the Company, other users or the security and integrity of the Website.

18. Acceptable Use

You may not use the Website to:

Violate any applicable law
Infringe intellectual-property, privacy or other legal rights
Submit false, deceptive or fraudulent information
Introduce malware, harmful code or security threats
Attempt unauthorized access to any account, system or network
Interfere with Website operation or security
Scrape, harvest or systematically extract Website content without written permission
Impersonate another person or organization
Use automated systems to place abusive or fraudulent orders
Resell Website access
Harass or harm another person; or
Engage in conduct that could damage IntelliBrella™ or its customers

We may restrict access where we reasonably believe these Terms have been violated.

19. Intellectual Property

The Website and its content—including the IntelliBrella™ name, logos, trademarks, inventions, designs, product concepts, text, photographs, illustrations, videos, graphics, software, research summaries, technical materials and page layouts—are owned by or licensed to IntelliBrella™ and are protected by applicable intellectual-property laws.

You may access and use the Website for personal, non-commercial shopping and informational purposes.

You may not reproduce, modify, distribute, publish, sell, license, reverse engineer or commercially exploit Website content without our prior written permission, except where applicable law expressly permits it.

Purchasing a product does not transfer ownership of any intellectual property associated with the product.

20. Patents and Proprietary Technology

Certain IntelliBrella™ products, materials, mechanisms, processes, designs or technologies may be protected by patents, patent applications, industrial designs, trademarks, copyright, trade secrets or other proprietary rights.

No licence or right to manufacture, copy, reverse engineer, reproduce or commercially exploit such technology is granted through your use of the Website or purchase of a product.

Nothing on the Website should be interpreted as identifying the status or scope of a particular intellectual-property right unless expressly stated.

21. Reviews, Photographs and Other Submissions

You may have opportunities to submit reviews, comments, photographs, videos, testimonials, questions or other materials (“Submissions”).

You retain ownership of your original Submissions. By submitting them to us, you grant IntelliBrella™ a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to store, reproduce, publish, adapt, translate, display and distribute the Submissions for operating, improving and promoting IntelliBrella™ and its products.

You represent that:

You own or have permission to submit the material
The Submission is truthful and reflects your genuine experience
The Submission does not infringe another person’s rights
Any individuals depicted have consented where required; and
The Submission is not unlawful, defamatory, threatening, deceptive, obscene or malicious

We may moderate or remove Submissions, but we are not obligated to publish or retain them.

We will not materially alter the meaning of a customer testimonial in a misleading manner.

22. Feedback and Product Ideas

If you voluntarily provide general feedback or suggestions regarding IntelliBrella™, we may use that feedback without compensation or restriction.

Do not submit confidential product inventions, patentable concepts or proprietary technical information through ordinary contact forms or public review features.

The submission of unsolicited material does not create a confidential, fiduciary, employment, partnership or inventor relationship.

23. Third-Party Services and Links

The Website may use or link to services operated by third parties, including payment processors, ecommerce platforms, shipping carriers, analytics providers and social-media services.

Third-party services are governed by their own terms and policies.

A link or integration does not necessarily constitute our endorsement of the third party.

We are not responsible for third-party websites, content or services that we do not control, except to the extent required by law.

24. Privacy

Our collection, use and disclosure of personal information are described in the IntelliBrella™ Privacy Policy.

By using the Website, you acknowledge that you have had an opportunity to review that policy.

The Privacy Policy is incorporated into these Terms by reference.

25. Electronic Communications

When you place an order, create an account or contact us electronically, you consent to receive transactional communications relating to your request, account or purchase.

Transactional communications may include order confirmations, receipts, shipping notices, customer-support replies, warranty communications, safety notices and product-recall information.

Marketing communications will be sent only where permitted by applicable law. You may unsubscribe from marketing emails using the link provided in the message.

Unsubscribing from marketing does not prevent us from sending necessary transactional or legally required communications.

26. Service Availability

We do not guarantee that the Website will operate uninterrupted or error-free.

We may maintain, modify, suspend or discontinue any Website feature where reasonably necessary.

We will take reasonable measures to protect Website security, but no internet transmission or storage system can be guaranteed to be completely secure.

27. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Website is provided on an “as available” basis.

We do not warrant that:

The Website will always be uninterrupted or error-free
Every defect will be corrected immediately
Every device or browser will be compatible with the Website; or
Third-party services will remain continuously available

Product warranties are limited to those expressly provided in the applicable Warranty Policy and any warranties imposed by law.

Nothing in these Terms excludes a representation, warranty, condition, guarantee or consumer right that cannot legally be excluded or limited.

28. Limitation of Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

To the maximum extent permitted by applicable law, IntelliBrella™ and its directors, officers, employees, contractors, suppliers and affiliates will not be liable for indirect, incidental, special, exemplary or consequential loss arising from the Website or a product, including lost profits, lost revenue, lost data or lost business opportunities.

Where liability may lawfully be limited, our total liability arising from a particular product purchase will not exceed the amount paid for that product.

These limitations do not apply to:

Fraud or fraudulent misrepresentation
Wilful misconduct or gross negligence where liability cannot be limited
Death or personal injury to the extent caused by conduct for which liability cannot lawfully be excluded
A breach of a non-waivable consumer right; or
Any other liability that applicable law prohibits us from limiting

29. Your Responsibility for Misuse

To the extent permitted by law, you are responsible for reasonably foreseeable losses caused by your unlawful use of the Website, intentional violation of these Terms or infringement of another person’s rights.

This section does not require a consumer to compensate IntelliBrella™ for losses caused by our own negligence, breach of contract or violation of law.

30. Product Recalls and Safety Notices

We may contact customers regarding product corrections, warnings, safety notices or recalls.

You agree to provide accurate contact information when placing an order and to review important product communications.

If a recall or safety instruction applies to your product, stop using it as directed and follow the instructions provided.

Do not resell or transfer a product that is subject to an unresolved recall.

31. Force Majeure

We will not be responsible for a delay or failure caused by circumstances beyond our reasonable control, such as severe weather, natural disasters, fires, epidemics, government actions, war, civil unrest, labour disruptions, carrier interruptions, utility failures, cyberattacks or supply-chain disruptions.

This section does not remove any cancellation, delivery, refund or other right that applicable consumer law gives you.

32. Suspension and Termination

We may suspend or terminate access to the Website if you materially violate these Terms, threaten Website security, commit fraud or misuse our services.

Provisions that logically survive termination—including intellectual property, limitations of liability, governing law and outstanding payment obligations—will continue to apply.

Termination does not affect rights or liabilities that arose before termination.

33. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.

Subject to any mandatory consumer rights concerning jurisdiction, you and IntelliBrella™ agree that disputes will be brought before the courts located in Windsor, Ontario.

If the consumer-protection laws of your home jurisdiction provide rights that cannot be waived by contract, those rights remain unaffected.

34. Informal Dispute Resolution

Before starting formal legal proceedings, you are encouraged to contact us and provide:

Your name and contact information
Your order number, if applicable
A description of the issue; and
The resolution you are requesting

We will make reasonable efforts to review and respond to the concern.

This informal process does not prevent you from contacting a consumer-protection authority or exercising a legal right before a limitation period expires.

35. Severability

If any provision of these Terms is found invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.

The remaining provisions will continue in effect.

36. No Waiver

A failure or delay in enforcing a provision of these Terms does not waive the right to enforce that provision later.

A waiver is effective only if made in writing by an authorized representative of IntelliBrella™.

37. Assignment

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

We may assign these Terms as part of a merger, reorganization, financing, sale of assets or transfer of the IntelliBrella™ business, provided the assignment does not reduce mandatory consumer rights.

38. Entire Agreement

These Terms, together with the Privacy Policy, Shipping and Delivery Policy, Returns and Refunds Policy, Warranty Policy and any order-specific terms presented at checkout, form the agreement between you and IntelliBrella™ concerning the Website and your purchase.

If an order-specific term expressly conflicts with these general Terms, the order-specific term will apply to that order to the extent of the conflict.

39. Contact Information

Questions about these Terms may be sent to:

Geophysis

Operating as IntelliBrella™

Windsor, Ontario

Canada

Email: support@intellibrella.com