Terms and Conditions
Terms and Conditions of Purchase
These are the terms and conditions of purchase (“T&C’s”, or “Terms”) that will serve as the operating agreement between you and our company (Brighten Health Inc.) following any purchase made on our website. By making any purchase for one or multiple products, you agree to be bound by these Terms.
Any purchase is also conditioned on your acceptance of and compliance with our privacy policy, accessible at: www.brighten-health.com/privacy-policy. Please read it carefully before proceeding with any purchase, or accessing any of our software (including, but not limited to the use of our website or companion mobile app).
These terms were last updated on March 1, 2024. They consist of the sections “Terms of Pre-Order” and “Terms of Sale”. Please read all of these Terms carefully before making any purchase with us.
We reserve the right to modify these T&C’s at any time, effective immediately upon posting on our website. Notification of any changes will be sent via the email address you provide to us. It is your responsibility to review these terms and conditions periodically for updates or changes. Continued use of our services after any modifications constitutes acceptance of the revised terms of sale.
Terms of Pre-Order
Placing a pre-order
A pre-order is an order made for one of our products while it is not yet available for sale to the general public from Brighten Health Inc. To be able to place a pre-order, you must provide up-to-date personal information such as your name, shipping address and billing information.
If you place a pre-order, we will charge your credit card now for the applicable fee specified on our Website, plus any applicable charges for taxes and shipping, and we will ship you the Lamp once it is available and fulfills all internal quality standards.
Minimum age
By placing a pre-order, or by otherwise using any of our products, you represent that you are over the age of 18.
Payments
When you place a pre-order, you agree to pay the full price of the product, shipping and taxes up front. All payments are handled by Wix.com.
Our pricing, features and the availability of the Lamp and Mobile Application, can change at any time without notice.
Product fulfillment timeframe
The expected fulfillment date for the Brighten Lamp 1 is early July, 2024.
By placing a pre-order for our product, you acknowledge that fulfillment delays may occur and that you may receive your product later than expected. As a result, we cannot be liable for any changes to pre-order delivery windows advertised by us.
We agree to update you regularly if any issues arise that impede our ability to fulfill your order during the above-mentioned time period.
Right to cancellation
You agree that we reserve the right to cancel any order for any reason whatsoever, including but not limited to supply chain issues preventing the company from producing and delivering the product in a reasonable time frame. In the event of such an order cancellation, we agree to notify you in writing and issue a full refund to the payment method used to place the pre-order.
Similarly, you may cancel your pre-order and be issued a full refund at any time before the product has been shipped to you. To cancel a pre-order, email support@brighten-health.com with your original order number.
Change of address
Should your shipping address change while awaiting for your pre-order to be fulfilled by us, you must send us an email indicating your new address at least five (5) business days before the order ships from our warehouse.
Terms of Sale
Delivery
Where possible, orders will be shipped to you or be ready for collection as soon as is practicable, subject to availability. For some areas, delivery will take longer.
As mentioned in the Terms of Pre-Order, fulfillment dates are subject to change. As a result, we cannot be liable for any changes to delivery windows advertised by us.
Product acceptance
Within 3 business days following the receipt of the product(s), you agree to promptly inspect the product(s) and notify us in writing of any combination of the product(s) that are defective and/or inconsistent with the quality and quantity agreed to be delivered by us.
Following this period, you agree that said product(s) shall be deemed accepted and fit for use.
Business day definition
In this document, a ‘business day’ refers to a working day in Canada (Monday-Friday) not including Canadian statutory holidays.
Technical service and support
In the case that you, or the user of the product that you have purchased, requires technical support in order to operate and use the Brighten Health mobile app and/or hardware product, you/they may contact technical support at the following email:
Warranty and claims
Each Brighten Lamp 1 comes with a 2-year warranty pertaining solely to defects in materials and workmanship. Should there be any quality issues associated with the product you have purchased, you may submit a claim to us at the following email:
Shipping
Once an order is ready to be shipped, we will ship all purchased item(s) to the provided delivery address as soon as the product satisfies all of our internal quality standards. The method used to deliver the product to your indicated address is decided at our absolute discretion.
Note that we only ship to addresses within Canada.
Return policy
Should you be unsatisfied with our product in any way, you may return it for a full refund within 30 days of delivery. However, we will not pay for the costs of returning a product (including the freight cost). After this period of 30 days, all sales are final and are non-refundable.
If you have any questions pertaining to our return policy, please contact us at:
Indemnity
In no case will we reimburse the customer more than the full amount of the value of the products purchased, plus shipping. No consequential damages and no personal damages can be claimed by you. We will not be held liable for any loss of profits, revenues, opportunities, downtime, consequential damages, negligence or any other liabilities.
Intellectual property
You agree that Brighten Health Inc. retains full ownership of the intellectual property of the software, and that you shall receive a non-exclusive license to use the software.
You agree that Brighten Health Inc. retains full ownership of the intellectual property of the design of all hardware it sells, including the Brighten Lamp 1. You have the right only to use the lamp.
All trademarks remain the property of Brighten Health Inc. No license shall be granted.
Use of software and hardware
You acknowledge that the hardware and software are to be used as is, without any implied guarantees. We do not warrant that this product will reduce depression, anxiety or other physical or mental ailment or illness.
Maintenance
We do not offer any maintenance of hardware products after any final purchase is made.
We welcome any comments, concerns or reports of bugs in the mobile app or website in writing at the following email: support@brighten-health.com.
Applicable law
This agreement shall be governed by and construed in accordance with Quebec law. Any dispute arising from this agreement shall be resolved exclusively in a Quebec court of competent jurisdiction.
Quality
The quality of the hardware product(s) is subject to our internal quality standards and is in accordance with product representations on the Brighten Health website (www.brighten-health.com).
Force majeure
In the case of force majeure and if requested, we will issue you a full refund.
Confidential information
We will not disclose any information shared by the buyer, including their identity.
Product recall
You agree to be of reasonable assistance to us in the case of a product recall.