Terms of service

Overview

Welcome to DriveNest. The terms “we,” “us,” and “our” refer to DriveNest. DriveNest operates this online store and website, including all related information, content, features, tools, products, and services offered through the store, in order to provide you with a convenient and curated shopping experience (collectively, the “Services”).

DriveNest is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies or guidelines referenced herein (collectively, the “Terms”), set out your rights and responsibilities when using our Services.

Please read these Terms carefully. They contain important information regarding your legal rights and obligations, including disclaimers of warranties and limitations of liability.

By accessing, browsing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use our Services.

Section 1 – Access and Accounts

By agreeing to these Terms, you represent that you are at least the age of majority in your province or territory of residence, and that you have given permission for any minor dependents under your care to use the Services on devices that you own, purchase, or control.

To use certain aspects of the Services, including browsing our online store or purchasing products or services, you may be required to provide certain information, such as your email address, billing information, payment information, and shipping address.

You represent and warrant that all information you provide to us is accurate, current, and complete, and that you have the necessary rights and authority to provide such information.

You are responsible for maintaining the security of your account credentials and for all activities conducted through your account. You may not transfer, sell, assign, or authorize another person to use your account without our prior written consent.

Section 2 – Our Products

We make reasonable efforts to accurately display and describe the products and services available through our online store. However, colors, appearance, and other visual details may vary depending on your device, display settings, and other technical factors.

We strive to provide accurate product descriptions, specifications, images, and information, but we do not guarantee that the actual appearance of a product will exactly match what is displayed on your screen.

Product descriptions, specifications, availability, pricing, and other information may be changed or updated at any time without prior notice.

We reserve the right to discontinue any product or service at any time and to limit the quantities of products or services offered to any person, geographic region, or jurisdiction, where permitted by law.

Section 3 – Orders

When you place an order through our store, you are making an offer to purchase the selected products. DriveNest reserves the right to accept or decline an order for any lawful reason.

An order is not considered accepted until DriveNest has confirmed the order and received and processed the applicable payment.

Please carefully review your order before submitting it. Once an order has been accepted, we may not be able to accommodate cancellation requests.

If we are unable to accept, modify, or cancel an order, we will make reasonable efforts to contact you using the email address, billing address, and/or telephone number provided when the order was placed.

Purchases are subject to our Returns & Refunds Policy.

You represent that purchases made through our store are for personal or household use and are not intended for unauthorized resale or commercial distribution.

Section 4 – Prices and Billing

Prices, discounts, and promotional offers are subject to change without prior notice.

The price charged for a product or service will be the price displayed at the time the order is placed and will be reflected in your order confirmation.

Unless otherwise stated, prices may not include applicable taxes, shipping charges, handling fees, customs duties, or import charges.

Prices displayed in our online store may differ from prices offered by physical stores, third-party retailers, or other sellers.

We may offer promotions from time to time. Promotional offers may have additional terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotional terms will apply to the extent of the conflict.

You agree to provide current, complete, and accurate billing, payment, and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you when necessary.

By placing an order, you represent and warrant that:

The payment information you provide is accurate and complete;
You are authorized to use the payment method provided;
The payment method can be used to cover the purchase amount; and
You agree to pay all applicable charges, including product prices, shipping charges, handling fees, and applicable taxes.

Section 5 – Shipping and Delivery

Orders are typically processed within 1–3 business days after payment is received.

Estimated delivery times for orders shipped within Canada are generally 7–15 business days. Delivery times are estimates only and are not guaranteed.

Actual delivery times may vary due to circumstances beyond our reasonable control, including carrier delays, weather conditions, transportation disruptions, customs processing, high shipping volumes, or other unforeseen circumstances.

If your order is significantly delayed, please contact us with your order number and we will make reasonable efforts to assist you in checking the shipment status.

If you receive an item that is damaged, defective, or incorrect, please contact us as soon as possible. We will review the issue and, where appropriate, provide a replacement or refund in accordance with our Returns & Refunds Policy.

Please do not return a damaged, defective, or incorrect item without contacting us first and receiving return instructions.

Customers are responsible for providing accurate and complete shipping information. If an order must be reshipped because an incorrect or incomplete shipping address was provided by the customer, additional shipping charges may apply.

Where applicable, orders shipped internationally or from outside Canada may be subject to customs duties, import taxes, or other charges imposed by the destination jurisdiction. Such charges are the customer's responsibility to the extent permitted by law.

Section 6 – Intellectual Property

Our Services, including but not limited to our trademarks, branding, text, content, images, graphics, product reviews, videos, audio, designs, selection, and arrangement, are owned by DriveNest, its affiliates, or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services solely for your personal and non-commercial purposes.

Unless you receive our prior written permission, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any materials made available through the Services.

Except as expressly provided in these Terms, nothing contained in these Terms grants you any license or other right to any patent, trademark, copyright, or other intellectual property owned by DriveNest, Shopify, or any third party.

Unauthorized use of the Services or our intellectual property may violate applicable intellectual property laws.

DriveNest reserves all rights not expressly granted under these Terms.

The DriveNest name, logo, product and service names, designs, and slogans are trademarks of DriveNest or its affiliates or licensors. You may not use these trademarks without our prior written permission.

The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are the property of their respective owners.

Section 7 – Optional Tools

We may provide access to third-party tools or services that we do not monitor, control, or manage.

You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis, without warranties, representations, or conditions of any kind, and without any endorsement by DriveNest.

To the maximum extent permitted by applicable law, DriveNest is not responsible for any liability, loss, or damage arising from or related to your use of optional third-party tools.

Your use of any optional tools made available through the Services is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party provider.

We may introduce new features, services, tools, or resources through the Services from time to time. Any such new features will also be subject to these Terms.

Section 8 – Third-Party Links

Our Services may contain materials, content, or links to websites operated or provided by third parties.

We are not responsible for reviewing or evaluating the content, accuracy, privacy practices, or other policies of third-party websites or services.

If you choose to access a third-party website or service through a link provided on our Services, you do so at your own risk.

DriveNest is not responsible for any loss, damage, or other consequences resulting from your access to, use of, or transactions with third-party websites or services.

Before engaging in any transaction with a third party, you should carefully review that third party's policies and terms.

Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

Section 9 – Relationship with Shopify

DriveNest is powered by Shopify, which enables us to provide the Services to you.

However, any sale or purchase made through our store is directly between you and DriveNest.

By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and DriveNest, including any injury, loss, damage, or other harm arising from your purchase or use of products or services offered through our store.

To the extent permitted by applicable law, you expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from or related to your purchase from or transaction with DriveNest.

Section 10 – Privacy Policy

All personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our store is powered by Shopify, Shopify may process certain personal information relating to your use of our Services in order to provide, maintain, and improve its platform and related services.

Information you submit through our Services may be processed or transferred by Shopify and other service providers located in countries outside your province or country of residence where necessary to provide the Services.

Please review our Privacy Policy for information about how DriveNest and our service providers collect, use, disclose, and protect personal information.

Section 11 – Feedback

If you submit, upload, post, email, or otherwise provide us with ideas, suggestions, feedback, reviews, proposals, plans, or other materials (“Feedback”), you grant DriveNest a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback for any lawful purpose, including commercial purposes.

This license allows us to operate, provide, evaluate, enhance, improve, and promote our Services and products.

You represent and warrant that:

You own or otherwise have all necessary rights to provide the Feedback;
You have disclosed any compensation or incentives received in connection with providing the Feedback; and
Your Feedback complies with these Terms and applicable laws.

We are not obligated to keep Feedback confidential, provide compensation for Feedback, or respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we believe, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, inappropriate, or otherwise violates these Terms or the rights of others.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You are solely responsible for the content and accuracy of any Feedback you provide.

Section 12 – Errors, Inaccuracies, and Omissions

From time to time, information available through our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update or change information at any time without prior notice.

Where permitted by law, we may also cancel or modify an order if information was materially inaccurate at the time the order was placed, including after an order has been submitted.

Section 13 – Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services:

For any unlawful, fraudulent, or malicious purpose;
To violate any applicable federal, provincial, territorial, municipal, or international law or regulation;
To infringe or violate our intellectual property rights or the rights of others;
To harass, abuse, insult, harm, defame, threaten, or discriminate against any person;
To submit false, misleading, or deceptive information;
To upload, transmit, or distribute materials that violate these Terms;
To send unsolicited advertising, spam, chain letters, or other unauthorized promotional communications;
To impersonate another person or entity; or
To interfere with or restrict another person's ability to use or enjoy the Services.

You also agree not to:

Upload or transmit viruses, malware, or other harmful code;
Copy, reproduce, extract, resell, or commercially exploit any portion of the Services without authorization;
Collect or track another person's personal information without authorization;
Engage in spam, phishing, or other fraudulent activities;
Use automated systems, bots, crawlers, scraping tools, data extraction tools, or other automated processes to access or interact with the Services without authorization; or
Circumvent or interfere with security measures or access restrictions associated with the Services.

If we reasonably believe that you have violated these Terms, we may suspend or terminate your access to the Services, subject to applicable law.

Section 14 – Agents

If you use, permit, enable, or cause an agent to access, use, or interact with the Services, this Section applies.

An “Agent” means software or a service that acts on behalf of an individual or entity, including software capable of taking autonomous or semi-autonomous actions without direct human supervision.

Agents may not access, use, or interact with the Services unless they clearly identify themselves and comply with applicable technical requirements.

We may use technical measures to restrict or limit access to the Services by automated agents.

Any authorized agent must not conceal or misrepresent the fact that an interaction is being conducted by an automated system and must not circumvent CAPTCHA, security measures, access controls, or other mechanisms intended to distinguish automated access from human access.

Section 15 – Termination

We may suspend or terminate your access to the Services, or any portion of the Services, at our discretion where permitted by law.

You remain responsible for any amounts owed up to the effective date of termination.

The provisions relating to intellectual property, feedback, termination, disclaimers, limitations of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy, and any other provisions that by their nature should survive termination will continue to apply after termination.

Section 16 – Disclaimer of Warranties

Information provided through the Services is intended for general informational purposes only.

While we make reasonable efforts to provide accurate and useful information, we do not guarantee that information provided through the Services is accurate, complete, current, or suitable for any particular purpose.

Your reliance on information provided through the Services is at your own discretion and risk.

Except where expressly stated otherwise by DriveNest, the Services and products offered through the Services are provided on an “as is” and “as available” basis to the maximum extent permitted by applicable law.

DriveNest disclaims all warranties, representations, and conditions that may be excluded by law, including implied warranties or conditions relating to merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.

Nothing in these Terms is intended to exclude or limit any warranty, condition, or consumer right that cannot lawfully be excluded or limited under applicable law.

Section 17 – Limitation of Liability

To the maximum extent permitted by applicable law, DriveNest, its affiliates, partners, directors, officers, employees, agents, contractors, service providers, and licensors, as well as Shopify and its affiliates, will not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, revenue, savings, data, or replacement costs, arising out of or related to your use of the Services or any products purchased through the Services.

This limitation applies regardless of the legal theory involved, including contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Nothing in these Terms is intended to exclude or limit liability or consumer rights that cannot legally be excluded or limited under applicable law.

Section 18 – Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless DriveNest, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, and reasonable legal fees arising from:

Your violation of these Terms or any policy incorporated into these Terms;
Your violation of applicable law or the rights of a third party; or
Your misuse of or unauthorized access to the Services.

We will make reasonable efforts to notify you of any claim for which indemnification may be sought.

We may control the defense and settlement of such claims, subject to applicable law. You agree to reasonably cooperate with us in defending any such claim.

Section 19 – Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms.

The remaining provisions will remain in full force and effect.

Section 20 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, Returns & Refunds Policy, Shipping & Delivery Policy, and any other policies or operating rules posted on our website, constitute the entire agreement between you and DriveNest regarding your use of the Services.

These Terms replace any prior or contemporaneous agreements, communications, or proposals, whether oral or written, relating to the Services.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

Section 21 – Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations under these Terms without our prior written consent.

DriveNest may assign, transfer, or delegate these Terms or any of its rights or obligations without your consent, subject to applicable law.

Section 22 – Governing Law

These Terms and any separate agreements through which we provide Services to you will be governed by and interpreted in accordance with the applicable federal laws of Canada and the laws of the province or territory in which DriveNest operates, to the extent permitted by applicable law.

You and DriveNest agree to submit to the jurisdiction of the courts located in the applicable province or territory, subject to any mandatory consumer protection rights available to you under applicable law.

Nothing in these Terms limits any rights or remedies you may have under applicable Canadian consumer protection laws.

Section 23 – Headings

The headings used in these Terms are provided for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.

Section 24 – Changes to These Terms

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, modify, or replace any part of these Terms by posting updates or changes on our website.

You are responsible for reviewing this page periodically to stay informed of any changes.

Where required by applicable law, we will provide notice of material changes to these Terms, and such changes will become effective on the date specified in the notice.

Your continued access to or use of the Services after revised Terms are posted constitutes your acceptance of the changes, to the extent permitted by law.