Welcome to TheBraGirl.

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Thank you for using our products and services ("Services"). These Services are provided by Empirica Inc., doing business as TheBraGirl (“TheBraGirl”, "us", "we", or "our"), located at Level 3, The CORE Shopping Centre, 317 7th Ave SW, Calgary, Alberta, Canada.

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By using our Services, you are agreeing to these Terms and Conditions ("Terms"). Please read them carefully before using https://www.thebragirl.ca (the "Website") or any mobile applications provided by TheBraGirl (the "Service").

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1. Terminology

The following terminology applies to these Terms and Conditions, the Privacy Policy, Disclaimer Notice, and all Agreements:

• "Client", "You", "Your": refers to you, the individual accessing this Website or Service and accepting the Company’s Terms.

• "The Company", "Ourselves", "We", "Us", "TheBraGirl": refers to Empirica Inc. doing business as TheBraGirl.

• "Party", "Parties": refers to both the Client and ourselves, or either the Client or ourselves.

These Terms refer to the offer, acceptance, and consideration of payment necessary to undertake the provision of our Services in accordance with and subject to applicable Canadian laws.

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2. Eligibility

You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to use our Services. If you are under 18, you may only use the Services with the consent and supervision of a parent or legal guardian.

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3. Using Our Services

You agree to comply with all policies made available through the Services. You must not misuse the Services—for example, by interfering with them or accessing them using a method other than the instructions we provide. You may only use the Services as permitted by applicable law, including Canadian export and re-export control laws.

We may suspend or stop providing our Services if you violate these Terms or if we are investigating suspected misconduct.

Using our Services does not grant you ownership of any intellectual property in the content or materials accessed. You may not use content from our Services unless permitted by law or with the owner’s written permission. You may not remove, obscure, or alter legal notices displayed in or along with the Services.

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4. Communications

In connection with your use of the Services, we may send you service announcements, administrative messages, and other communications.

In accordance with Canada’s Anti-Spam Legislation (CASL), promotional or marketing-related emails will only be sent with your express or implied consent. You may unsubscribe at any time by following the opt-out instructions in our messages or by contacting us at hello@thebragirl.ca.

 

5. Privacy Policy

We are committed to protecting your privacy. Our practices are governed by the Personal Information Protection and Electronic Documents Act (PIPEDA). Our Privacy Policy explains how we collect, use, and protect your personal information.

Only authorized employees have access to your information, which is handled strictly for the purpose of fulfilling our Services. Any unauthorized breach of our systems will be investigated with a view to legal or civil action.

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6. Purchases

If you purchase a product or service (“Purchase”) through our Service, you may be required to provide certain information relevant to the Purchase, including your name, billing and shipping address, payment details, and contact information.

All transactions are subject to our Refund Policy (see Section 13 below).

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7. Subscriptions

By placing a subscription order, you acknowledge that:

• Subscriptions are automatically renewed unless canceled at least 72 hours before the next ship date;

• Recurring charges will apply at the then-current rate;

• You are responsible for all recurring charges until cancellation;

• You can adjust or cancel your subscription by logging into your Account.

Your submission of a subscription order constitutes express consent to automatic renewal and payment as outlined above.

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8. Software in Our Services

Where applicable, software may update automatically on your device. We grant you a personal, non-exclusive, non-transferable license to use such software solely to access and benefit from our Services.

You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract source code unless permitted by law or written permission.

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9. Disclaimer of Liability

The information on this Website is provided "as is" without warranties of any kind. We do not guarantee uninterrupted access or error-free functionality.

To the fullest extent permitted by law, we:

• Exclude all representations and warranties regarding the Website and its content;

• Exclude liability for any loss or damage, including loss of profits, data, or other indirect or consequential damages.

However, we do not exclude liability for death or personal injury caused by negligence.

 

10. Limitation of Liability

Where permitted by law, the total liability of TheBraGirl and its affiliates for any claims under these Terms is limited to the amount you paid for the Services.

We are not liable for losses that are not reasonably foreseeable.

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11. Business Use

If you are using the Services on behalf of a business, that business accepts these Terms and agrees to indemnify and hold harmless TheBraGirl and its affiliates from any claim or liability arising from use of the Services or breach of these Terms.

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12. Cancellation Policy

You may cancel a service or appointment with a minimum of 24 hours' notice via email, phone, text, or in person. Cancellations may be subject to a 5% administrative fee.

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13. Refund Policy

No refunds will be issued once a service has started. Refunds may be granted for unused services or products in accordance with our cancellation terms.

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14. Cookies

Our Website uses cookies to enhance user experience and functionality. By using our Website, you consent to the use of cookies.

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15. Log Files

We log IP addresses and browser information for analytics and troubleshooting. This data is not shared externally and is anonymized where possible.

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16. Third-Party Links

Our Service may contain links to external websites. We are not responsible for their content or practices. Please review their terms and privacy policies before engaging with those sites.

You acknowledge that TheBraGirl shall not be liable for any loss or damage from your use of third-party content.

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17. Linking to This Website

You may not create a link to any page on this Website without our written consent. Any links are at your own risk and subject to the disclaimers and limitations outlined in these Terms.

18. Intellectual Property

All content on this Website is the property of TheBraGirl or its licensors. TheBraGirl logo and name are registered trademarks in Canada. Unauthorized use is prohibited.

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19. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including but not limited to natural disasters, war, civil unrest, or legal restrictions.

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20. Waiver

Failure to enforce any provision of these Terms does not constitute a waiver. A waiver is only valid if made in writing and signed by both parties.

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21. Modifications

We reserve the right to update these Terms at any time. Material changes will be notified at least 30 days in advance, where possible. Non-material changes are effective immediately upon posting.

Continued use of the Services constitutes acceptance of the modified Terms.

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22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes shall be subject to the exclusive jurisdiction of the courts in Alberta.

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23. Severability

If any provision of these Terms is deemed unenforceable, the remainder will remain in full force and effect.

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24. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at:

Email: hello@thebragirl.ca
Mailing Address:
TheBraGirl
Level 3, The CORE Shopping Centre
317 7th Ave SW
Calgary, Alberta, Canada

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