Terms of service

TERMS OF SERVICE

Last Updated: Jan 7th, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE.

1. – ACCEPTANCE

These terms of service, and all documents referenced herein (including, without limitation, each Order (as defined in Section 5) (collectively, “Terms of Service”), set out the terms and conditions that apply to your use of https://pros.bushbalm.com/, including all materials, documentation, information and other content provided or otherwise made available thereon (collectively, the “Website”).

The Website is hosted on Shopify Inc., which provides the online e-commerce platform that allows Bushbalm Inc. (“Bushbalm”) to sell the Products (as defined in Section 4) to you.

Your access to and use of the Website, including your placement of an Order (as defined in Section 5), constitutes your agreement to be bound by these Terms of Service, which establish a contractual relationship between you and Bushbalm. By accessing or otherwise using the Website, including by purchasing Products (as defined in Section 4) via the Website, you acknowledge that you have read these Terms of Service and that you understand and agree to be legally bound by them. If you do not accept these Terms of Service, you must not access or use the Website.

2. – MODIFICATIONS

You can review the most current version of the Terms of Service at any time on this page. Bushbalm may, in its sole discretion, update, change or replace all or any part of these Terms of Service by posting updates, changes or revised Terms of Service on the Website. Your continued use of or access to the Website following the posting of any changes to these Terms of Service constitutes your acceptance of such changes.

3. – ACCOUNT SET-UP

In order to access or utilize certain aspects of the Website, you may be required to establish and maintain an account (“Account”). In order to create an Account, you will be required to provide certain personal data, all of which is subject to the Privacy Policy (as defined in Section 13). You must provide accurate and complete information when creating your Account. Bushbalm reserves the right to suspend or terminate your Account if you, intentionally or otherwise, provide inaccurate or incomplete information, or fail to comply with these Terms of Service or any Account creation requirements. By using the Website, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, otherwise you may not register for or use an Account.

Your Account may be accessed only by use of your login name and password. You will choose your own username and password upon registration for the Website. You are solely responsible and liable for any use and/or misuse of your login name and password and for all activities that occur under them. For security reasons, you must keep your login name and password confidential, and not disclose them to any person or permit any other person to use them, except an authorized representative of Bushbalm. Bushbalm recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you should log out at the end of each session. Bushbalm reserves the right to require you to change your username and/or password, from time to time, as applicable.

All Accounts, login names and passwords remain the property of Bushbalm and may be cancelled or suspended at any time by Bushbalm without any notice or liability to you or any other person. Bushbalm is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Bushbalm of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost, stolen, has become known to any other person, or has been otherwise compromised.

4. – PRODUCTS AND SERVICES

Certain products and/or services may be available exclusively online through the Website and may have limited quantities. All products and/or services made available to you on the Website (collectively, the “Products”) are subject to return or exchange only, according to the Bushbalm return policy available at https://pros.bushbalm.com/policies/refund-policy, as updated from time to time (“Return Policy”), the terms of which are incorporated into these Terms of Service. You agree that the terms of the Return Policy are reasonable.

Bushbalm has made every effort to display, as accurately as reasonably possible, the colors and images of the Products that appear on the Website, however it cannot guarantee that your Device (as defined in Section 10) will accurately show such colour.

Bushbalm reserves the right to: (a) limit the sale of Products and/or use of the Website to any person, geographic region or jurisdiction, and may exercise such right on a case-by-case basis; (b) discontinue any Product at any time; and (c) limit quantities, reject, correct, cancel or refuse Orders (as defined in Section 5), and to terminate Accounts, in its discretion. Any offer for any Product made on the Website is void where prohibited.

All descriptions of Products and Product pricing are subject to change at any time without notice, at Bushbalm’s sole discretion.

The Website may feature limited-time discounts, special offers and items at Bushbalm’s regular prices. The regular prices shown are the prices at which the Products have been sold by Bushbalm as of the listed date.

Bushbalm does not warrant that the quality of any Product, information, or other material purchased or otherwise obtained by you in connection with the Website will meet your expectations, or that any errors in or on the Website will be corrected.

5. – ORDERS AND BILLING

If you place an order for Products on the Website (each, an “Order”), you will receive an email from Bushbalm with the details of the Order (“Confirmation Email”). The Confirmation Email will include, among other things, a description of the Products, the quantity of Products ordered, and the prices paid by you to Bushbalm. The Confirmation Email constitutes acceptance by Bushbalm of the Order and Bushbalm shall not be deemed to have accepted the Order until it provides such Confirmation Email.

Notwithstanding the foregoing, Bushbalm reserves the right to refuse any Order, or limit or cancel quantities purchased per person, household or Order. These restrictions may include Orders placed by or under the same Account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event Bushbalm makes a change to or cancels an Order, it will notify you as soon as reasonably possible by contacting the e-mail and/or billing address/phone number provided at the time the Order was made or associated with the applicable Account. Bushbalm reserves the right to limit or prohibit Orders that, in its sole judgment, appear to be non-compliant with these Terms of Service.

Bushbalm relies on the information you provide through the Website, including, without limitation, personal information, which must be true, accurate, current and complete. You agree to provide current, complete and accurate purchase and Account information for all purchases made through the Website. You agree to promptly update your Account and other information, including your email address, credit card numbers, and expiration dates, so that Bushbalm can complete your transactions and contact you as needed. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Bushbalm or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to keep your information up to date.

6. – PAYMENT

Bushbalm may offer you the ability to pay the purchase price for your Products and all applicable taxes, and shipping fees (collectively, “Charges”) online with a credit card, debit card or such other payment method as you designate in your Account. Charges are set by Bushbalm and will be disclosed to you prior to making your purchase. All payments are facilitated through a third-party payment processor. Bushbalm will not collect, store or retain any payment information you provide for any purpose other than facilitation of these transactions and future communications with you in respect of your purchase. You represent and warrant to Bushbalm that you are the authorized owner of, or have authorization to use, any credit card, debit card or other payment method that you provide in respect of your Account, and you authorize and direct the third-party payment processor(s) to charge all Charges applicable in respect of your purchase to such credit card, debit card or other payment method. All payment information that you provide in connection with your purchase or for use in connection with your Account must be accurate, complete, and current to ensure your transaction is properly completed. Your purchase will only be complete once the third-party processor has received full payment of the Charges. If payment in full is not received, the applicable Order will not be processed. If Bushbalm cancels, terminates, limits or refuses any Order for any reason, your payment will not be processed or, if already processed, Bushbalm will, or will ensure such third-party payment processor(s), issue a refund of the Charges to your original method of payment.

7. – PROMOTIONAL CODES

Bushbalm may, in its sole discretion, create promotional codes that may be redeemed on the Website for discounts on certain Products (“Promo Codes”). Promo Codes are subject to any additional terms specified by Bushbalm and the following conditions:

• Promo Codes must be used solely by the intended recipient, for the intended purpose, and in a lawful manner. Promo Codes are for personal, non-commercial use only and may not be duplicated, transferred, sold, or made available to the general public (such as through public forums or websites) unless expressly permitted by Bushbalm.
• Bushbalm reserves the right to disable any Promo Code at any time for any reason, including, without limitation, suspected fraud, misuse, or violation of the applicable Promo Code terms. Promo Codes are not redeemable for cash and may expire prior to your use.
• Any use of a Promo Code that Bushbalm determines, in its sole discretion, to be in error, fraudulent, illegal, or in violation of the applicable terms may result in the revocation of any benefits obtained.
• Valid Promo Codes applied by you will be deducted from the fees due to Bushbalm for the applicable Products. Promo Codes do not apply retroactively, and any refunds for items purchased using Promo Codes will be limited to the amount paid after applying the Promo Code discount, excluding the value of the Promo Code itself.

8. – DELIVERY

Delivery dates for the Products will be established by Bushbalm upon receipt and acceptance of each Order. Unless stated otherwise, any times or dates for delivery are estimates only. Shipping is handled by a third-party carrier. Orders will only be shipped to a valid mailing address in Canada or the United States and you are solely responsible for ensuring the accuracy of the mailing address stated in the Order. Title to and risk of loss of all Products shall pass to you upon delivery of the Products by Bushbalm to the third-party carrier.

Bushbalm shall use reasonable efforts to fulfill each Order, in accordance with the quantities set out therein. Depending on the size of the Order or the availability of the Products, you may receive several shipments to complete the Order. You acknowledge that Bushbalm’s ability to fulfill each Order is subject to any allocations deemed necessary by Bushbalm in the event of any Product shortages, production or delivery delays, events of force majeure or other reasons beyond Bushbalm’s control. In such circumstances, Bushbalm shall not be liable to you or any other person, as a result of its failure to deliver or make available the Products.

9. – RESELLER POLICY

Bushbalm recognizes that you, as an authorized reseller, invest significant time and resources into educating the public about the Products, training knowledgeable staff, and providing support services. Bushbalm is committed to supporting your efforts and maintaining the reputation of the Products for quality. Bushbalm strives to maintain a high level of customer confidence in the quality of the Products and to protect your investment. As such, you and Bushbalm agree that:

• Bushbalm has full discretion over any Account, which is primarily created for estheticians and salon owners (not for affiliates or resellers);
• You are to use professional backbar products to perform services only; these products are typically branded with the “Bushbalm Pro” logo and should not be re-sold or distributed to other parties;
• Any branded merchandise products, marketing pieces and signage, which may be provided to you by Bushbalm from time to time, are not for re-sale; only retail Products are to be re-sold;
• You are not permitted to sell Products on any third-party online marketplace (e.g., Amazon, eBay, Etsy, Walmart, or any online marketplace of any affiliate of the foregoing);
• Bushbalm does not ship outside of Canada and USA, and if you are interested in exploring international distribution, you must seek written authorization from Bushbalm; and
• You agree to maintain the manufacturer’s suggested retail pricing (“MSRP”) for each Product, and any discounts on MSRP pricing require written approval from Bushbalm.

10. – TECHNICAL REQUIREMENTS

Your use of the Website may require the device you use to access the Website (“Device”) to be connected to the Internet. You are solely responsible for the cost and maintenance of any such Internet connection, including any data usage, roaming or other charges that you incur. Further, you acknowledge that, from time to time, you may be unable to access or use the Website.

Your access or use of the Website may be subject to certain minimum technical requirements. It is your responsibility: (a) to ensure that you have access to the hardware and/or software platforms required to access and use the Website; and (b) for updating and maintaining your Devices or Internet connection. Bushbalm reserves the right to change or cease support of any hardware or software platforms at any time.

11. – THIRD-PARTY LINKS AND MATERIALS

Certain content, products and services available on the Website may include materials from third parties.

The Website may contain access to materials and links to websites that are not maintained or affiliated with Bushbalm. These materials and links are for your convenience only and Bushbalm does not monitor, nor have any control or input with respect to such materials and websites. Bushbalm is not responsible for examining or evaluating the content or accuracy of such third-party materials or websites and does not warrant, and will not have any liability or responsibility for, any websites, materials, products and/or services of a third-party.

Bushbalm is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction on any linked website. Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third-party.

12. – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at Bushbalm’s request, you send certain submissions (e.g., contest entries), or without a request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, postal mail, or otherwise (collectively, “Comments”), you agree that Bushbalm may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, such Comments. Bushbalm shall be under no obligation to: (a) maintain any Comments in confidence; (b) pay compensation to you or any third-party for any Comments; or (c) respond to any Comments.

Bushbalm may, but has no obligation to, monitor, edit or remove from the Website, any content or Comments that it determines, in its sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any third-party’s rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Bushbalm or any third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy, including any Comments made in connection with your Account. Bushbalm takes no responsibility and assumes no liability for any Comments posted by you or any third-party on the Website.

13. – PRIVACY

You acknowledge that you have read the Bushbalm privacy policy, available at https://pros.bushbalm.com/policies/privacy-policy, as updated from time to time (“Privacy Policy”), the terms of which are incorporated into these Terms of Service, and you agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by Bushbalm in accordance with the terms of, and for the purposes set out in, the Privacy Policy.

You understand that Bushbalm may monitor and track your usage of the Website. You acknowledge that, subject to the Privacy Policy, Bushbalm may disclose information relating to your use of or access to the Website that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.

14. – ERRORS, INACCURACIES AND OMISSIONS

Occasionally the Website may contain typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Charges, transit times, and/or availability. Bushbalm reserves the right to correct any such errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your Order).

We undertake no obligation to update, amend or clarify information in on the Website, including, without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated.

The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, and/or more timely sources of information. Any reliance on the material on the Website is at your own risk.

15. – INTELLECTUAL PROPERTY

The Website consists of graphics, texts, icons, buttons, videos, software, audio and other files, images and other materials that are the property of Bushbalm and/or its various subsidiaries, affiliates and third-party providers (collectively, “Third Parties”) and are protected to the fullest extent permitted by applicable law, including copyright, trademark, patent and all other applicable intellectual property laws.

Certain names, graphics, logos, icons, designs, words, titles and phrases contained within the Website may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of Bushbalm or the applicable Third Party. All Trademarks are and shall remain the sole and exclusive property of their respective owners. You may not copy, reproduce, distribute, or create derivative works from any content on the Website without the express written consent from Bushbalm.

No rights or licences, express or implied, are granted to you under these Terms of Service or any Order, except as expressly set out herein. Bushbalm and the Third Parties, as applicable, retain all ownership rights in, and title to, the proprietary and intellectual property rights in the Products, and all modifications and enhancements thereto. Any rights not expressly granted are reserved by Bushbalm and the applicable Third Party.

16. – USE OF WEBSITE

Your use of the Website does not grant or transfer to you any ownership or other rights in the Website and, except as expressly provided herein, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of Bushbalm’s or any Third Party’s intellectual property or other rights.

17. – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable laws; (d) to infringe upon or violate Bushbalm’s or any third-party’s intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, any other website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) for any obscene or immoral purpose.

Without limiting the generality of the foregoing, you further agree not to, directly or indirectly: (a) copy, reproduce, distribute, modify, adapt, create derivative works from, publicly display, republish, transfer, transmit, sell, compile for an internal database or store any Website content, in any form or by any means, without the express written permission of Bushbalm or the applicable Third Parties; (b) reverse engineer, disassemble, decompile, or translate the Website; (c) attempt to derive the source code of the Website; (d) create any derivative work from the Website; (e) use the Website to create a competing product; (f) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website; or (g) use the Products for any illegal or unauthorized purpose.

In its sole discretion, in addition to any other rights or remedies available to Bushbalm and without any liability whatsoever, Bushbalm may at any time and without notice terminate or restrict your access to any component of the Website.

18. – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Except as expressly provided in these Terms of Service, and to the fullest extent permitted by applicable law, the Website and all Products procured by you using the Website are provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, whether express, implied, statutory or otherwise, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In particular, Bushbalm does not represent or warrant that: (a) the Website will be compatible with your Devices or software; (b) the Website will be accurate, reliable, complete, current, or suitable for any particular purpose; (c) Website operation or access will be uninterrupted, secure, timely, or error-free; (d) defects or errors will be corrected; (e) the Website will be free from infections, viruses, malware, or harmful components; (f) communications to or from the Website will be secure or not intercepted; or (g) your use of the Website will meet any particular requirements.

Except as otherwise agreed by Bushbalm in writing, in no case shall Bushbalm, its affiliates or their respective officers, directors, agents, contractors, licensors, interns, employees and other representatives (collectively, “Representatives”) be liable for any direct, indirect, incidental, punitive, special, exemplary or consequential damages of any kind, including, without limitation, damages for lost profits, lost revenue, lost savings, loss of data, business interruption, or any other damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or the performance of the Website, or your use of any of Products procured using the Website. You acknowledge that you use the Website at your own risk, and your sole remedy for any claim, loss, damage, cost, or expense is to discontinue use of the Website.

If Bushbalm is found liable for any loss or damage arising from the Website and/or the Products, its total aggregate liability shall not exceed $100.00 (CAD).

19. – INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend (at Bushbalm’s option), and hold harmless Bushbalm, its affiliates and their respective Representatives from and against any and all claims, losses, liabilities, damages, suits, actions, penalties, demands, costs and expenses (including reasonable legal fees and disbursements) arising from or related to: (a) your breach of these Terms of Service; (b) your access to or use of the Website and related activities; (c) use of the Products by you or your customers; (d) your violation of any applicable laws or the rights of a third-party in connection with your use of the Website and/or the Products; (e) Bushbalm’s use of any information you submit through the Website; and (f) any act or omission by you, including, without limitation, your negligence or willful misconduct.

20. – ENTIRE AGREEMENT

These Terms of Service, together with any policies, rules or guidelines posted on the Website by Bushbalm or incorporated or referred to herein, including the Privacy Policy and the Refund Policy, constitute the entire agreement and understanding between you and Bushbalm with respect to the subject matter hereof, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Bushbalm regarding the subject matter of these Terms of Service (including, but not limited to, any prior versions of the Terms of Service).

21. – GOVERNING LAW

These Terms of Service and your use of the Website are governed by the laws of the Province of Ontario and the applicable laws of Canada, without regard to any conflict of laws provisions. You expressly attorn to the exclusive jurisdiction of the courts located in the Province of Ontario in connection with any matter arising out of or relating to the Website or these Terms of Service, unless otherwise agreed by Bushbalm in its sole discretion. The parties specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the application of any domestic statute that has adopted it into law.

22. – FORCE MAJEURE

Bushbalm will not be liable to you or any third party for the termination or cancellation of an Order, or any delay or failure in its performance under these Terms of Service, due to any cause beyond its reasonable control, including, but not limited to, natural disasters, epidemics, pandemics, public health emergencies, earthquakes, floods, fires, explosions, delays in transportation, unavailability of equipment or materials, breakdown, lock-outs, strikes or labor disputes, embargoes, riots, sabotage, terrorism, governmental acts or any other events that could not have been reasonably foreseen or mitigated. Bushbalm will make reasonable efforts to resume performance as soon as practicable but reserves the right to cancel the affected Order without liability.

23. – SURVIVAL

Section 15 (Intellectual Property), Section 18 (Disclaimer of Warranties; Limitation of Liability), Section 19 (Indemnification), Section 21 (Governing Law), this Section 23 (Survival), and any other sections which by their nature should survive the termination or expiration of these Terms of Service and/or your access to and/or use of the Website will survive any termination or expiration thereof.

24. – RELATIONSHIP OF THE PARTIES

You and Bushbalm are independent contractors. These Terms of Service do not constitute either party as an agent, legal representative, sales representative, franchisee, partner, employee, servant or joint venturer for any purpose of the other party. Neither party will have any authority to make any statements, representations or commitments of any kind, or to take any action or incur any liability, which will be binding on the other party.

25. – MISCELLANEOUS

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

If any provision of these Terms of Service is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed. Such determination shall not affect the validity and enforceability of any remaining provisions.

These Terms of Service are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms of Service to any other party without Bushbalm’s prior written consent, which consent may be withheld in Bushbalm’s sole discretion.

Bushbalm will not be considered to have waived any of its rights or remedies described in these Terms of Service unless the waiver is in writing and signed by Bushbalm. No delay or omission by Bushbalm in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The failure of Bushbalm to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver of, or limit, its right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. 

In the event of any conflict or inconsistency concerning the main body of these Terms of Service and any Order, the main body of these Terms of Service shall control and supersede any such conflict or inconsistency.

26. – CONTACT INFORMATION

If you would like to relay any feedback or have any questions about Bushbalm and/or the Website, please direct them to:

https://pros.bushbalm.com

Email: wholesale@mybushbalm.com.