Terms of Use

Welcome to our website, www.olivesleep.ca (collectively, the "Site"). In order to run this Site, we need to set out a few basic rules on how you can use Site. Take the time to to review these Terms carefully and then you are ready to use our Site. Your access to and continued use of our Site constitutes your agreement to comply with and bound by these Terms. If you don’t agree with these Terms, unfortunately we have to ask you to leave our Site immediately and stop using any of the information or products you can get from our Site. Also note that these Terms may change from time to time and it is your responsibility to check for updates. Here is what you need to know:

1. Olive Website

Our Site is operated by Olive, a division of First Oceans Trading Corporation. If you have any questions about these Terms, please contact us at hello@olivesleep.ca.

2. Privacy

Olive is committed to protection your privacy. That is why we identify the purposes for which we collect, use and disclose your personal information and make sure we obtain your consent before doing so except where your consent may not be required according to applicable laws. Click here to check out our Privacy Policy.

3. Content

Olive owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Olive or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate applicable trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Olive on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Olive, you grant Olive a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Olive shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.

4. Purchases

Our products or services made available through the Site may be available for purchase. All prices are in Canadian currency. By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most provinces is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. Olive may use a third party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales (including HST, GST and provincial sales taxes), use, and excise taxes. To the extent that Olive is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you on the Site or other delivered to you with your purchased goods. All refunds are in Olive’s sole discretion.

5. White Glove Service

For White Glove Delivery and Mattress Removal (collectively, the “White Glove Service”), a customer or adult must be present at the scheduled time and delivery address. If no adult is present at the time of delivery, Olive reserves the right to leave the package with a secure receiving authority (e.g., doorman, concierge, or building package center). All mattresses removed using Olive’s White Glove Service must be in sanitary condition.

6. General Restrictions on Use

You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

You will not (and will not attempt to):

  • Access any of the Services by any means other than through the interface that is provided by Olive;
  • Gain unauthorized access to Olive’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Olive’s networks and computer systems;
  • Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  • Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  • Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
  • Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Olive in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
7. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.

8. Spokespeople

From time to time, Olive may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by Olive for their statements.

9. Warranty

We stand behind our Products. Each Product is covered by a warranty, the terms of which can be found at https://olivesleep.ca/warranty (together, the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms. To the extent there is a conflict between the terms of any Product Warranty and these Terms, the terms of the applicable Product Warranty shall govern.

If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty and, if you believe that you are entitled to take advantage of those terms, please contact us at hello@olivesleep.ca.

10. Refunds and Returns; Cancellation

Returns. You may return any of your Products within the first 100 days after the date you receive your purchase. Please follow the return requirements described below for each product. You may cancel an order any time prior to shipment. Refunds will be issued in the form of the original payment. Please e-mail Olive at hello@olivesleep.ca to arrange a return pickup.

Return Conditions. The following conditions also apply to Product returns:

  • Products must be in donatable condition to be eligible for return (e.g., no stains, tears or other soiling including odours).
  • Products shipped outside of Canada are not eligible for return.
  • Customers may return a maximum of two (2) of each particular Product per initial order, validated by a customer name or shipping address (i.e. please try a Product first—we are happy to send you more later!)
  • Only one return per product type. If at least one of a particular Product type is returned from an initial order, that customer or shipping address will not be eligible for additional 100-night trials on subsequent orders of that particular Product (i.e. if you return a Pillow, you will not be eligible for 100-night trials on future Pillow orders).

Title. Risk of loss and title for Products purchased from Olive pass to you upon delivery of such Products (by Olive or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

11. Disclaimers and Warranties

Olive reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Olive is not liable in case of stock outage or unavailability of products. We have made every effort to display as accurately as possible the colours of our products that appear at the Site, but we cannot guarantee that your computer monitor's display of any colour will be accurate.

Olive expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Services, Site Content, goods, advice, information or links provided on the Site will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected; (iv) regarding the Site Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and (vi) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.

You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Olive assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or Services except to the extent that they are expressly set out in these Terms.

12. Limitation of Liability

IN NO EVENT WILL OLIVE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL OLIVE’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF OLIVE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).

Without limiting the foregoing, you understand and acknowledge that Olive shall not be liable to you for:

  • Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
  • Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site or the Services; (ii) any changes that Olive may make to the Site or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site or the Services; (iv) the use of any products or services obtained on or through the Site; or (v) any other matter relating to the Site, the Services, the Site Content, or the Comments. The limitations on Olive’s liability to you in this section shall apply whether or not Olive has been advised of or should have been aware of the possibility of any such losses arising.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

13. Indemnity

You agree to defend, indemnify and hold harmless Olive, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (iv) the use by any other persons accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 13 without the prior written consent of Olive.

14. Confidentiality warning

The Internet is not a secure medium and privacy cannot be ensured. Communications over the Internet are vulnerable to interception and forging. Olive will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Olive through the Internet, or that you expressly or implicitly authorize Olive to make, or for any errors or any changes made to any transmitted information. Olive will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Olive or any other third party of whom you may have become aware as a result of accessing the site or by following a link to another site which is found on this site through the Internet.

15. Computer viruses

While Olive makes efforts to help ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.

16. Links To Other Sites

The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Olive has no control over these websites and that these Terms of Use do not apply to any third party sites. Olive cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Olive encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

17. Complaint Procedures

If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Olive by email at hello@olivesleep.ca with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

18. Choice of law

For persons who are not an individual resident in Quebec, the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement.

For individual residents of Quebec, the laws of the Province of Quebec and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You consent and submit to the exclusive jurisdiction of the courts of the Province of Quebec in any action or proceeding instituted under or related to this agreement.

Any dispute between you and Olive or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of Alberta, sitting in the City of Edmonton (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

19. Miscellaneous

These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Olive and govern your use of the Site, Services and any transactions you may have with Olive through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Olive in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Olive may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Olive will make a new copy of the Terms of Use available on the Site. You agree that Olive is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that if Olive does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Olive has the benefit of under any applicable law), this will not be taken to be a formal waiver of Olive’s rights and that those rights or remedies will still be available to Olive. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

The Site is controlled and operated from within the Canada. Without limiting anything else, Olive makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.

This agreement was last updated June 1, 2017.