Terms of service

ARTICLE 1 - ACCEPTANCE OF AGREEMENT

1.1 By checking the box presented at checkout stating "I agree to the Terms of Service (including the binding arbitration and class action waiver provisions) and Privacy Policy," each with a hyperlink to the full text of this document and the Privacy Policy, you acknowledge that you have had a reasonable opportunity to review, and that you agree to be bound by, this Terms of Service and the Privacy Policy in their entirety.

1.2 The checkbox referenced in Section 1.1 is presented in short form at checkout to preserve a clear and efficient purchasing experience. The brevity of the checkbox text does not limit, qualify, or reduce the binding effect of the full Terms of Service, which governs in the event of any inconsistency.

1.3 The checkbox shall remain unchecked by default and shall not be pre-selected. Completion of a purchase is not possible without the customer affirmatively selecting the checkbox.

1.4 If you do not agree to these Terms, you must not check the box and must not complete your purchase.

ARTICLE 2 - DEFINITIONS AND SCOPE

2.1 "Company" refers to Braeburn & Hope Omnimedia Incorporated, a corporation incorporated under the laws of British Columbia, Canada.

2.2 "Digital Products" refers to ebooks and audiobooks offered for sale on the Company's website, delivered in digital format, including works distributed via direct download and works distributed via third-party DRM delivery platforms including BookFunnel.

2.3 Video and audio courses ("Courses") are expressly excluded from the scope of Articles 3 and 4 of this Terms of Service and are governed by a separate license framework to be issued by the Company at a future date. Until such time, no Course-specific terms are incorporated herein.

2.4 "Customer," "you," and "your" refer to any individual or entity that purchases, accesses, or attempts to purchase a Digital Product from the Company.

ARTICLE 3 - SALE OF DIGITAL PRODUCTS; RESERVATION OF COPYRIGHT

3.1 Upon completion of a purchase, the Company sells to the Customer a single copy of the applicable Digital Product for the Customer's personal, non-commercial use. This is a sale of a copy, not a license to the underlying work.

3.2 Notwithstanding Section 3.1, the Company retains all copyright, title, and intellectual property rights in and to the underlying literary and audio work embodied in each Digital Product. The sale of a copy under Section 3.1 does not transfer, assign, or license any copyright, publishing right, derivative right, public performance right, or reproduction right in the underlying work.

3.3 The Customer may not reproduce, redistribute, resell, publicly perform, sublicense, or make available the Digital Product, in whole or in part, to any third party, whether for commercial gain or otherwise, except as permitted by applicable law (including fair dealing or fair use exceptions) or with the Company's prior written consent.

3.4 The Company reserves the right to use reasonable technical measures, including digital watermarking and access logging, to detect and deter unauthorized redistribution of Digital Products.

ARTICLE 4 - THIRD-PARTY DELIVERY PLATFORMS (BOOKFUNNEL)

4.1 Certain Digital Products, including audiobooks, are delivered and DRM-protected via BookFunnel or a functionally equivalent third-party delivery platform, accessible via web browser or a dedicated mobile application operated by that third party.

4.2 The Customer's use of any such third-party delivery platform is governed by that platform's own terms of service and privacy policy, which the Customer is responsible for reviewing independently. The Company is not a party to, and assumes no liability arising from, the third-party platform's own terms, outages, technical failures, or data handling practices.

4.3 The Company's liability, if any, with respect to a Digital Product delivered through a third-party platform is limited to defects in the underlying file provided by the Company to that platform, and does not extend to failures, interruptions, or errors originating from the third-party platform itself.

ARTICLE 5 - REFUND POLICY

5.1 Digital Products are delivered instantly upon purchase. Except as required by applicable law, all sales of Digital Products are final and non-refundable once the product has been accessed, downloaded, or delivered to the Customer's chosen delivery platform.

5.2 Nothing in this Article limits any non-waivable statutory refund or cancellation right available to the Customer under applicable consumer protection law in the Customer's jurisdiction of residence.

ARTICLE 6 - PRICING AND PAYMENT

6.1 All prices are listed in the currency displayed at checkout and are subject to change without notice prior to completion of purchase. The Company uses Shopify Payments and/or other third-party payment processors to process transactions; the Company does not store full payment card details.

ARTICLE 7 - WARRANTY DISCLAIMER

7.1 Except as expressly stated in this Agreement, the Digital Products are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by applicable law.

7.2 The Company does not warrant that access to Digital Products will be uninterrupted, timely, secure, or error-free.

ARTICLE 8 - LIMITATION OF LIABILITY

8.1 To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, or contractors be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from or related to the Customer's use of, or inability to use, any Digital Product, regardless of the legal theory under which such damages are sought, whether in contract, tort, strict liability, or otherwise, and even if the Company has been advised of the possibility of such damages.

8.2 The Company's total aggregate liability arising out of or relating to this Agreement shall not exceed the greater of (a) the total amount paid by the Customer to the Company in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

8.3 Nothing in this Article shall be construed to exclude or limit liability for fraud, willful misconduct, gross negligence, or any other liability that cannot lawfully be excluded or limited under the applicable law of the Customer's jurisdiction of residence. Where any provision of this Article is held unenforceable as applied to a particular claim or jurisdiction, that provision shall be enforced to the maximum extent permitted in that jurisdiction, and the remainder of this Article shall remain in full force and effect.

ARTICLE 9 - INTELLECTUAL PROPERTY INDEMNIFICATION

9.1 The Company represents that it holds or has secured the necessary rights to sell each Digital Product offered on its website, including any third-party review, image, or media content incorporated with permission or under a rights-free license.

9.2 Nothing in this Article shall be construed as a warranty extending to any modification, unauthorized use, or use in combination with other materials not provided by the Company.

ARTICLE 10 - CUSTOMER INDEMNIFICATION

10.1 The Customer agrees to indemnify, defend, and hold harmless the Company and its officers, directors, and contractors from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from the Customer's breach of Article 3 (Sale of Digital Products; Reservation of Copyright) or unauthorized redistribution of any Digital Product.

ARTICLE 11 - ASSUMPTION OF RISK; FORCE MAJEURE

11.1 The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, internet or hosting outages, third-party platform failures, payment processor failures, or governmental action.