TERMS OF USE AND SALE

Last Updated: July 2026

These Terms of Use and Sale (“Terms”) apply to your access to, purchase of, and use of the Products and Services of Breville Canada and our affiliates, including the brands Baratza, beanz, Breville Commercial, ChefSteps, Lelit and others (collectively “Breville,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS OF USE AND SALE CAREFULLY. THESE TERMS APPLY TO YOUR USE OF OUR PRODUCTS AND SERVICES IN CANADA. IF YOU RESIDE OUTSIDE OF CANADA, DIFFERENT OR ADDITIONAL TERMS MAY GOVERN YOUR USE OF OUR PRODUCTS AND SERVICES. PLEASE VISIT THE BREVILLE WEBSITE FOR YOUR COUNTRY OF RESIDENCE FOR THE APPLICABLE TERMS AND CONDITIONS.

BY CLICKING TO INDICATE YOUR ACCEPTANCE TO THESE TERMS OF USE AND SALE, OR OTHERWISE ACCESSING, PURCHASING OR USING OUR PRODUCTS AND SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND SALE AND ALL TERMS REFERENCED HEREIN (for example Breville’s Privacy Notice and Promotional Terms and Conditions). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, PURCHASE OR USE OUR PRODUCTS OR SERVICES.

The term “Products” means any hardware and physical devices, or any tangible food or drink products (e.g. coffee beans) sold by Breville. The term “Services” refers to our websites, mobile applications, connected appliances’ software and other online products and services (some of which are paid subscription services). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us with respect to any Products, Services or otherwise. If you are using the Products or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

Breville reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms, to the extent permitted by applicable law. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you must not access or use the Services. Any changes we make will not affect your rights with respect to Products you have already purchased or orders you have already placed.

1. Privacy Notice and Communications

Please refer to our Privacy Notice for information about how we collect, use and disclose information about you.

1.1 Electronic Communications

By using the Services, you consent to receiving electronic communications from us, including notices, agreements, disclosures, and other communications that we are permitted or required by applicable law to provide to you in writing. You agree that communications provided electronically satisfy applicable legal requirements for written communications, subject to the disclosures and rights set forth in this Section 1 and applicable Canadian law.

1.2 Your Right to Paper Copies

You may request a paper copy of any legally required notice or disclosure. To request a paper copy, please contact Breville Customer Support at +1 780-986-8819. Paper copies will be provided at no charge where required by applicable law.

1.3 Withdrawal of Consent

Where consent to electronic communications is required, you may withdraw your consent at any time by contacting Breville Customer Support at +1 780-986-8819. Withdrawal of consent will not affect the legal validity of any electronic communication provided before withdrawal. If you withdraw your consent, we may not be able to provide you with certain features of the Services that require electronic communication, and we reserve the right to terminate or restrict your access to those features to the extent permitted by applicable law.

1.4 Scope of Consent

Your consent applies to legally required communications relating to your use of the Products and Services, including transaction confirmations, warranty disclosures, subscription and auto-renewal notices, account notifications, and other records we are required by applicable law to provide to you in writing.

1.5 Updating Your Contact Information

To update the email address or other contact information at which you receive electronic communications, log into your Breville account and update your profile settings or contact Breville Customer Support.

1.6 Hardware and Software Requirements

To access and retain electronic communications, you will need: (a) a device with internet access; (b) a current version of a commonly used web browser (e.g., Chrome, Safari, Firefox, or Edge); (c) a valid email address; and (d) sufficient storage space or a printer to retain copies of communications for your records. If these requirements change in a way that creates a material risk that you may not be able to access or retain electronic records, we will notify you of the revised requirements and any rights you may have under applicable law.

1.7 Confirmation of Access

By consenting to these Terms, you confirm that you have access to the hardware and software described in Section 1.6 and can receive and retain electronic communications in the formats we use.

2. Additional Terms

When you use our Products and Services, your use is subject to the applicable terms and conditions for those Products and Services. For example, when you use, download, install or otherwise use our mobile applications, your use is subject to our End User License Agreement.

3. Eligibility; Registration and Account; Required Equipment, ISP and Carrier

3.1 Eligibility

The Services are not targeted toward or intended for use by anyone under the age of 16. If you are under the age of majority applicable in your province or territory, you may only use the Services with the involvement and supervision of a parent or legal guardian where required by applicable law. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (b) have the legal capacity and authority to enter into these Terms and that, in so doing, you will not violate any other agreement to which you are a party.

3.2 Registration and Account

In order to access and use certain areas or features of the Services, you will need to register for a Breville account and/or create a profile. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update your account information from time to time as necessary, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party you authorize to access or use your account and the Services, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.

3.3 Required Equipment, ISP and Carrier

You acknowledge that the availability of certain Services depends on (a) your computer, mobile phone or tablet, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment (“Equipment“), (b) your Internet service provider (“ISP“), and (c) your mobile phone or tablet service carrier (“Carrier“). You agree that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services and that you are responsible for complying with all agreements and other policies of your ISP and Carrier. You further acknowledge and agree that your interactions with your ISP and Carrier are solely between you and such third parties, and that Breville is not responsible or liable in any manner for such interactions.

4. Terms of Sale

4.1 Price and Availability

All prices are listed in Canadian dollars unless otherwise indicated. Prices do not include applicable taxes, shipping and handling charges, or other fees, unless we expressly state otherwise or are required by law to include them.

Prices for Products and Services are subject to change at any time without notice. However, price changes will not affect orders that have already been placed and confirmed.

All Products and Services are subject to availability. Some items displayed on the Services may be for promotional purposes only and may not be available for purchase. We reserve the right to limit quantities, reject any order (in whole or in part), and discontinue any Product or Service at any time, subject to applicable law.

4.2 Payment and Billing Information

By providing a credit card or other accepted payment method, you represent and warrant that the payment information is accurate, that you are authorized to use the designated payment method, and that you authorize us (or our third-party payment processor) to charge your payment method for the full amount of your order, including any applicable taxes and other charges. You agree to promptly update your payment information if it changes. If your payment method cannot be verified, is invalid, or otherwise unacceptable, we may suspend or cancel your order. You must resolve any issues related to your selected payment method before we can proceed with your order.

Please note that when we process your payment, some credit card issuers may place a temporary authorization hold on your account for the first transaction. For more information, please contact your credit card provider directly.

The presentation of Products and Services on the Services does not constitute a binding offer, but rather an invitation to place an order. A binding contract of sale is formed only upon completion of the online purchase process and our confirmation of the order, subject to applicable law. You may update your cart or cancel your order at any point prior to completing checkout. We will not begin processing or delivering your order until we have received payment as required.

We reserve the right, in our sole discretion and subject to applicable law, to refuse or cancel any order at any time. Products sold through the Services are intended for end users only and are not for unauthorized resale or export.

4.3 Taxes

Applicable federal, provincial and territorial sales taxes, duties, fees and other governmental charges may apply to purchases of Products or Services. Applicable taxes and charges will be calculated and displayed during the ordering process where required. The taxes applicable to your purchase may vary depending on your delivery address and other circumstances. You are responsible for applicable taxes and other charges imposed in connection with your purchase, except to the extent that Breville is required by law to collect and remit them.

4.4 Shipping, Risk of Loss and Delivery

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless applicable law provides otherwise, risk of loss or damage to a Product passes to you upon delivery of the Product to your specified delivery location. We reserve the right to restrict delivery to addresses within Canada. If you have any questions or concerns regarding shipping, please contact Breville Customer Support at +1 780-986-8819.

4.5 Returns and Refunds

Please refer to our Returns Policy. For further information on warranty-related claims, please refer to Breville Warranty Policy.

Breville Contact Information

Customer Support	+1 780-986-8819
Hours of Operation	9am to 5pm (Pacific Time) Monday through Friday, excluding holidays

4.6 Third-Party Products Purchased from Third-Party Sellers

We may provide the ability to purchase products from third-party sellers through the Services, in which case, we act as an intermediary only. If you purchase a product from a third-party seller, your purchase will be governed by the terms and policies of that third party. We are not the sellers of such products and are not a party to the sale of these products; therefore, we do not make any representations or warranties in terms of that product, nor do we accept returns or issue refunds for such products, except where required by applicable law.

4.7 Errors

We strive to provide accurate and up-to-date information on our Services, including product descriptions, pricing, and availability. However, we do not guarantee that all information is complete, current, or free of errors. In the event of an error—whether in description, pricing, or other content—we reserve the right to correct it and update your order accordingly, or to cancel the order and issue a full refund where appropriate. We also reserve the right to cancel any order resulting from typographical errors, system issues, or incorrect pricing, subject to applicable law.

5. Subscription Services

5.1 Overview

Breville offers a range of paid subscription services. For example, the “StudioPass” subscription includes access to online cooking classes, demonstrations, and a corresponding provision of recipes and related services. StudioPass subscribers may also interact with online instructors and teaching assistants. These individuals are not employees of Breville, and we are not responsible for any content or information they provide through the Services.

Beanz.com also offers periodic coffee bean deliveries (“Beanz subscriptions”). These coffee beans are provided by independent roasters, and we are not responsible for their fitness, quality or suitability. Nothing in these Terms limits any rights or remedies you may have under applicable Canadian consumer protection laws.

5.2 Pricing

Paid subscription Services are subject to fees as specified in the applicable subscription offer. Subscription billing may take one of the following forms:

(a) Recurring Fee Subscriptions. Some subscriptions, such as StudioPass, are billed at a fixed recurring fee on a periodic basis, such as monthly or annually. Before you provide your billing information, we will clearly disclose the applicable subscription terms, including: (i) the fact that your subscription may automatically renew unless you cancel; (ii) the length and terms of each renewal period; (iii) the amount or range of costs you will be charged and, if applicable, the frequency of those charges; (iv) the deadline or method by which you may cancel; (v) the cancellation policy and available cancellation methods; and (vi) any minimum purchase obligation, in each case as required by applicable law.

(b) Per-Shipment Subscriptions. Some subscriptions, such as Beanz, do not carry a fixed recurring subscription fee. Instead, you are charged for each individual shipment under an ongoing delivery arrangement that continues until you cancel. For per-shipment subscriptions, we will provide applicable information regarding the product to be shipped, the amount you will be charged, and the scheduled shipment date. You may cancel or skip an upcoming shipment in accordance with the instructions provided with your subscription and subject to applicable law. You may cancel the ongoing delivery arrangement using the cancellation methods described in Section 5.6.

The pre-shipment notice described above is provided in addition to, and does not replace, any consent, disclosure, acknowledgment, or reminder obligations required by applicable Canadian law.

(c) General Billing Terms. By providing your billing information and completing your subscription enrollment, you confirm that you have reviewed and expressly consent to the applicable subscription terms described above. We will provide advance notice of any changes to applicable fees where required by law. By continuing to use paid Services after a fee change takes effect, you agree to pay the updated fee, unless you exercise your right to cancel or have another right under applicable law.

5.3 Availability

All subscription products are subject to availability. If your selected Beanz.com subscription item becomes unavailable, we will notify you and ask you to choose from alternative coffee options that, in our judgment, most closely match your original selection in style and price. If you do not select one within the timeframe specified in our notice, we may either send the option we believe is the best available substitute or pause your subscription until you make a selection. You may return any substitute product you did not request at our expense and in accordance with our Returns Policy and applicable law.

5.4 Free Trials

We may provide a free trial (a “Free Trial”) or discount period (a “Discount Period”) to allow new subscribers to try a particular subscription. We reserve the right, in our discretion and subject to applicable law, to determine your Free Trial or Discount Period eligibility, and we may limit its eligibility or duration. We reserve the right to revoke the Free Trial or Discount Period and put your account on hold if we determine that you are not eligible. We may use information such as device ID, method of payment, or an account email address to determine eligibility. Additional restrictions may apply when combining offers.

AUTOMATIC RENEWAL NOTICE: BY ENROLLING IN A FREE TRIAL OR DISCOUNT PERIOD, YOU AGREE THAT YOUR SUBSCRIPTION MAY AUTOMATICALLY RENEW AND YOU MAY BE CHARGED THE APPLICABLE SUBSCRIPTION FEE PLUS APPLICABLE TAXES UNLESS YOU CANCEL BEFORE THE END OF THE TRIAL OR DISCOUNT PERIOD, SUBJECT TO APPLICABLE LAW.

If the offer includes a free trial, free gift, discount period, or promotional price, we will clearly disclose how and when the price will change, the price or prices that will be charged after the trial, gift, discount, or promotional period ends, and how to cancel before you are charged.

We will send you a reminder notice before your Free Trial or Discount Period ends and billing begins where required by applicable law. This notice will be sent within the time period required by applicable law, to the email address associated with your account or through another method by which you are accustomed to interacting with us, and will include applicable information about the end of the trial or discount period, the amount you may be charged, and instructions for cancellation.

You may cancel your subscription at any time before the end of your Free Trial or Discount Period without being charged for the subsequent subscription period, except where otherwise stated in the applicable offer or permitted by applicable law.

5.5 Automatic Renewal and Consent

Following your Free Trial, Discount Period, or initial subscription term, your subscription may automatically renew on a recurring basis at the then-current Subscription Fee until you cancel or we terminate it, subject to applicable law. By completing enrollment, you authorize us to charge the valid payment method you have provided for each applicable renewal period. Where required by applicable law, we will obtain your express consent to the automatic renewal or continuous service terms before charging you.

We will provide you with a retainable acknowledgment, such as a confirmation email, following your enrollment that includes the applicable subscription terms, cancellation policy, and information regarding how to cancel your subscription. We will maintain records of applicable consent for the period required by law.

5.6 Cancellation

You may cancel your subscription at any time, subject to the terms of your subscription and applicable law. To cancel:

(a) Online: Visit the “Subscription” page in your account on our website and follow the cancellation instructions;

(b) Phone: Call us at +1 780-986-8819; or

If you accepted a subscription offer online, you may cancel online through your account or by using another online cancellation method we provide. Where applicable law requires cancellation to be available through the same medium used to subscribe, we will make that cancellation method available. If you paid through a third-party payment provider and wish to cancel your subscription, you may also need to cancel through that third party.

If you cancel, any applicable charges and access to subscription benefits will be handled in accordance with the terms of your subscription and applicable law. You must cancel before your subscription renews to avoid being billed for the next period, except where applicable law provides otherwise.

We will not charge your payment method after you have properly canceled your subscription, except for charges that were validly incurred before cancellation or as otherwise permitted by applicable law. If you are charged after cancellation due to our error, we will provide an appropriate refund or other remedy as required by applicable law.

5.7 Refunds and Billing Disputes

Except as otherwise required by applicable law or as expressly set forth in these Terms, Subscription Fees are non-refundable, and we do not provide refunds or credit for partial periods or unused Services.

If, for any reason, you do not pay any Subscription Fee when due, we may take reasonable steps to collect the amount owing and may suspend or terminate your access to the Services, subject to applicable law.

To the extent permitted by applicable law, if you believe you have been charged in error, you should notify us promptly after identifying the charge. We will investigate and provide any refund or other remedy required by applicable law.

5.8 Material Changes and Fee Changes

In the case of a material change to the terms of your subscription, we will provide you with clear notice of the change and information regarding how to cancel where required by applicable law. In the case of a change in the fee charged under your existing subscription, we will provide notice of the fee change before it takes effect where required by applicable law, together with information regarding available cancellation options.

6. Licenses to Use the Services and Materials

Unless otherwise indicated, all content and other materials contained on the Services, including, without limitation, our logos and all designs, text, recipes, ingredient lists, cooking times, videos, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Materials“) are the proprietary property of Breville or our affiliates or licensors and are protected by Canadian and international copyright, trademark and other intellectual property laws.

Breville grants you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable, worldwide license to access and use the Materials made available through the Services for your own personal, non-commercial purposes. Except as expressly permitted by law or by Breville in writing, you will not reproduce, redistribute, sell, create derivative works or subsequent versions, decompile, reverse engineer or disassemble our Services (except in cases where you have the right to do so under applicable law), nor will you take any measures to interfere with or damage our Services.

Breville may make certain Materials on the Services, including recipes, ingredient lists, videos, pictures and User Content (defined in Section 11), available under the most recent version of the Creative Commons Attribution-NonCommercial-ShareAlike license (BY-NC-SA) if we expressly identify those Materials as subject to that license. Unless we expressly state otherwise, no Materials are licensed under any Creative Commons license. Note that our service names, trademarks, logos and slogans that may appear on the Services are not licensed to you under the Creative Commons license.

Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Breville or any third party, whether by estoppel, implication or otherwise. The licenses granted herein are revocable at any time.

7. Copyright Complaints

We respect intellectual property rights and may take appropriate action in response to claims of copyright infringement in accordance with applicable Canadian law.

If you believe that anything on the Services infringes any copyright that you own or control, you may contact Breville Customer Support at +1 780-986-8819 and provide sufficient information to allow us to investigate the complaint.

Nothing in this Section limits any rights or remedies available under applicable Canadian copyright law.

8. Trademarks

“Breville“, the Breville logo and other trademarks used in the Products and Services (collectively, the “Trademarks“) are owned by Breville or used under licenses, and may not be copied, imitated or used, in whole or in part, without Breville’s prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing the Trademarks or any other name, trademark or product or service name of Breville without prior written permission in each instance. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Breville and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services may be trademarks of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Breville.

If you believe that any Breville use of the Trademarks infringes on any trademarks which you own or control, please contact Breville Customer Support.

9. Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services, provided such link does not portray any of the Breville Parties (as defined in Section 16, below) or any of our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any Breville Trademark or any Breville logo or proprietary graphic to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of any Breville Party, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.

To the fullest extent permissible by applicable law, Breville makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

10. Third-Party Content; Open Source Software; Interface to Third-Party Products and Services

Third-Party Content. We may display content, advertisements and promotions from third parties through the Services (collectively, “Third-Party Content“). To the fullest extent permissible by applicable law, we do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that Breville is not responsible or liable in any manner for such interactions or Third-Party Content.

Open Source Software. Our Services may also contain third-party software that is subject to the GNU General Public License (“GPL“) or other open source licenses (“Open Source Software“). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software and any additional terms and conditions made available by Breville.

Connecting to Third-Party Products and Services. Breville may allow you to use our Products and Services in conjunction with third-party products and services (“Third-Party Products and Services“). If you decide to connect our Products or Services with Third-Party Products and Services, your explicit consent and authorization is required where applicable, and may be revocable by you subject to the terms of the applicable third-party service. Once you give consent to connect a particular Third-Party Product and Service to our Products or Services, you agree that Breville and the provider of the Third-Party Product and Service may exchange information to enable the functionality you authorize. Once Breville shares information with a provider of a Third-Party Product and Service, the third-party provider’s use of such information will be governed by its own privacy notice. You acknowledge and agree that Breville makes no representation or warranty about the safety of any Third-Party Products or Services and Breville is not responsible for your use of any Third-Party Product or Service or any harm or losses arising from or relating to your use of any Third-Party Products or Services, except where liability cannot be excluded under applicable law.

11. User Conduct

You agree that you will not violate any applicable law, contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while accessing or using the Products and Services. You agree that you will abide by these Terms and that you will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from such user and Breville;
Use the Products or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Products or Services, or that could damage, disable, overburden or impair the functioning of the Products or Services in any manner;
Transform any aspect of the Products or Services, including the correction of errors, without authorization from Breville;
Reverse engineer any aspect of the Products or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Materials or features or areas of the Products or Services, except as expressly permitted under applicable law;
Develop any third-party applications that interact with User Content or the Products or Services without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Products or Services, extract data, train artificial intelligence or machine learning models, create datasets, or otherwise interfere with or modify the rendering of Materials or functionality;
Bypass or ignore instructions contained in the robots.txt file, accessible at https://www.breville.com/robots.txt;
Use the Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

12. User Content

The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, user-generated content, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content“). In the event that you decide to share User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish in your account.

You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services. By posting, uploading or otherwise submitting User Content, you represent and warrant that (a) such User Content is non-confidential; (b) you own all intellectual property rights (or have obtained all necessary permissions) to provide such content and to grant the licenses set forth herein; and (c) the User Content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.

By using the interactive features and areas of the Services, you agree:

(a) Not to post content that:

Violates any applicable law or regulation
Infringes third-party intellectual property rights
Contains malware, viruses, or harmful code
Constitutes harassment, threats, or hate speech directed at individuals
Includes personal information of others without consent
Promotes illegal activities

(b) Clarification on ‘Objectionable’ Content: Any reference to ‘objectionable’ content in these Terms relates solely to content that violates section (a) above and does NOT include negative reviews, critical assessments, complaints, or unfavorable opinions about our products or services.

We are not responsible or liable for any User Content, except to the extent liability cannot be excluded under applicable law. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason consistent with this Section 12, and you are solely responsible, at your sole cost and expense, for creating backup copies of and replacing any User Content you post or store on the Services.

13. Rights in User Content

Except as otherwise provided in these Terms or in a separate agreement, we do not claim any ownership or control over your User Content. However, by uploading, posting or otherwise submitting User Content, you grant Breville a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services, on third-party sites and mobile applications, and in all other media or formats, whether now known or hereafter developed, for any purpose, including for Breville’s commercial purposes, subject to applicable law.

In addition, you grant all users of our Services the right to access and use your User Content in accordance with the most recent version of the Creative Commons Attribution-NonCommercial-ShareAlike license (BY-NC-SA).

14. Consumer Speech Rights

We respect your right to share honest feedback about our products and services. Nothing in these Terms is intended to restrict any rights you may have under applicable Canadian consumer protection, privacy, competition, or other laws to provide truthful reviews, criticism, complaints, or opinions concerning our Products or Services.

Write reviews, whether positive or negative, on any platform
Share your experiences and opinions about Breville products
Provide truthful criticism or complaints based on actual experience
Discuss product quality, performance, or customer service

Any provision in these Terms that could be interpreted to restrict these rights will apply only to the extent permitted by applicable law and will not prevent you from exercising a right that cannot lawfully be waived or restricted.

15. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Breville or our Products or Services (collectively, “Feedback“). Feedback is non-confidential and shall become the sole property of Breville to the extent permitted by applicable law. Breville shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

16. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Breville and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (together with Breville, the “Breville Parties“) from third-party claims of any kind, whether in tort, contract or otherwise (collectively, “Claims“), including damages to property or personal injury, that arise from or relate to:

your access to or use or misuse of our Products, Services and Materials;
any User Content you create, post, share or store on or through our Services or our pages or feeds on third-party social media platforms;
any Feedback you provide;
your violation of these Terms;
your violation of the rights of any third party; or
use or misuse of the Products or Services by any third party you authorize to use the Products or Services provided to you.

This indemnity obligation includes paying for reasonable attorneys’ fees and other costs of investigating and defending Claims, to the extent permitted by applicable law.

You agree to promptly notify Breville of any third-party Claims and cooperate with the Breville Parties in defending such Claims. You further agree that the Breville Parties shall have control of the defense or settlement of any third-party Claims, subject to applicable law.

17. Disclaimers

WE MAY PROVIDE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING CERTAIN BREVILLE PRODUCTS AND/OR PARTICIPATING IN CERTAIN BREVILLE SERVICES OR OTHER ACTIVITIES. WE MAY UPDATE OR REVISE THESE WARNINGS AND INSTRUCTIONS, SO PLEASE REVIEW THEM PERIODICALLY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT FOR ANY WARRANTIES, CONDITIONS OR GUARANTEES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WE DO NOT REPRESENT OR WARRANT THAT ANY OF OUR WEBSITES, MOBILE APPLICATIONS AND MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IN ADDITION, OUR WEBSITES, MOBILE APPLICATIONS AND MATERIAL ARE (A) FOR INFORMATIONAL PURPOSES ONLY, (B) PROVIDED AS GENERAL INFORMATION AND (C) NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR NUTRITIONAL ADVICE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF ANY OF OUR WEBSITES, MOBILE APPLICATIONS AND MATERIALS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THEY OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF FOOD. THE COOKING INSTRUCTIONS AND DIRECTIONS PROVIDED BY BREVILLE ARE OFFERED AS GUIDELINES ONLY. USE YOUR BEST JUDGMENT AND PROPER DISCRETION WHEN PREPARING OR CONSUMING ANY FOOD. CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, AND SUCH CONSUMPTION IS TO BE DONE AT YOUR OWN DISCRETION. WE EXPRESSLY DISCLAIM RESPONSIBILITY FOR ANY ADVERSE EFFECT THAT MAY RESULT FROM YOUR USE OR APPLICATION OF INFORMATION PROVIDED THROUGH THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

EXCEPT AS REQUIRED BY APPLICABLE LAW OR ANY APPLICABLE WRITTEN WARRANTY, BREVILLE PROVIDES NO WARRANTY ON PRODUCTS THAT ARE MANUFACTURED BY OTHER ENTITIES, EVEN THOUGH YOU MAY PURCHASE THEM THROUGH OUR SERVICES. PRODUCTS MANUFACTURED BY OTHER ENTITIES BUT SOLD THROUGH OUR SERVICES ARE SOLD BY BREVILLE “AS IS” AND “WITH ALL FAULTS” TO THE EXTENT PERMITTED BY LAW. BREVILLE DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS FOR SUCH PRODUCTS ONLY TO THE EXTENT SUCH DISCLAIMER IS PERMITTED BY APPLICABLE LAW. BREVILLE DOES NOT WARRANT ANY QUALITY OR CHARACTERISTIC OF PRODUCTS THAT WE DO NOT MANUFACTURE, except for any rights or remedies provided by applicable law.

MANUFACTURERS OF PRODUCTS SOLD BY BREVILLE MAY PROVIDE THEIR OWN WARRANTIES AND YOU AGREE THAT YOUR REMEDY FOR ANY DEFECTS IN SUCH PRODUCTS MAY BE BASED ON THE WARRANTIES, IF ANY, PROVIDED BY THOSE MANUFACTURERS, without limiting any rights or remedies you may have under applicable law.

THE LAWS OF SOME CANADIAN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, GUARANTEES OR REMEDIES. TO THE EXTENT THAT THOSE LAWS APPLY, THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

18. Limitation of Liability; Release

IMPORTANT: Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded under applicable Canadian law, including liability for death or personal injury caused by negligence where such limitation or exclusion is prohibited by law, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BREVILLE AND THE BREVILLE PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF REVENUE, INCOME, PROFITS, USE, DATA OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES, MATERIALS, PRODUCTS OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BREVILLE AND THE BREVILLE PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, MATERIALS OR PRODUCTS WILL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID TO BREVILLE IN CONNECTION WITH THE PRODUCTS OR SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

Nothing in this Section 18 is intended to exclude, restrict or limit any rights, remedies, warranties, conditions or guarantees that cannot lawfully be excluded, restricted or limited under applicable law.

19. Modifications to the Services

We reserve the right, in our sole discretion and subject to applicable law, to modify, suspend, or discontinue the Services or any Materials, features, or functionality, at any time, including in force majeure situations beyond Breville’s control. We are not liable to you or any third party for any such modification, suspension, or discontinuation except to the extent liability cannot lawfully be excluded or limited. You may choose to stop using all or any part of the Services at any time.

20. Dispute Resolution

Most disputes can be resolved without resorting to legal action. Before taking any formal action, we encourage you to contact Breville Customer Support at +1 780-986-8819 and provide a brief description of the dispute and your contact information. We will use reasonable efforts to work with you in good faith to resolve the issue.

Nothing in these Terms prevents you from exercising any statutory right or remedy available to you under applicable Canadian federal, provincial or territorial law, including any right to bring a claim before a court or tribunal where such right cannot lawfully be waived.

20.1 Individual Disputes

Except where prohibited by applicable law, you and Breville agree to attempt in good faith to resolve disputes directly before commencing formal proceedings. If a dispute cannot be resolved through customer support or informal discussions, either party may pursue any remedy available under applicable law.

20.2 No Waiver of Mandatory Consumer Rights

Nothing in these Terms requires you to waive or limit any mandatory rights or remedies available to you under applicable Canadian consumer protection legislation or other applicable law.

20.3 Court Proceedings

Where a dispute proceeds before a court or other competent tribunal, the parties will be subject to the jurisdiction and procedural rules applicable to that proceeding. Nothing in these Terms prevents a consumer from bringing a claim in a court or tribunal where applicable law permits or requires the claim to be heard.

21. Governing Law and Venue

These Terms and your access to and use of the Products and Services shall be governed by and construed in accordance with the applicable laws of Canada and, where applicable, the laws of the province or territory in which you reside, without regard to conflict of law rules or principles that would cause the application of the laws of another jurisdiction, except where mandatory law provides otherwise.

Any dispute between the parties that is not resolved informally may be brought before a court or tribunal having jurisdiction over the dispute. Nothing in these Terms limits any mandatory consumer rights regarding applicable jurisdiction or venue.

22. Termination

Notwithstanding anything contained in these Terms, to the fullest extent permitted by applicable law, we reserve the right, without notice and in our discretion, to terminate your right to access or use the Services, and to block or prevent your future access to and use of the Services where reasonably necessary. If you transfer a Product that links to our Services to a new owner, your right to use the Services with respect to that Product may automatically terminate, and the new owner may need to register for a separate account with Breville.

23. Severability

If any term, clause or provision of these Terms is determined to be unlawful, invalid or unenforceable by a court or other competent authority, then that term, clause or provision will be severable from these Terms and, where permitted, replaced with a valid and enforceable provision that most closely reflects the original intent and economic effect of the invalid provision. These Terms shall then be construed as if they did not contain the unlawful, invalid or unenforceable language and all other provisions shall remain in effect to the extent permitted by applicable law.

24. Survival

The following sections will survive the expiration or termination of these Terms and the termination of your Breville account: all defined terms and Sections 1 – 6 (first paragraph only), 7, 8, 9 (second paragraph only), 10 through 23.

25. Miscellaneous

These Terms, together with any terms, policies, notices, or other documents incorporated by reference, constitute the entire agreement between you and Breville regarding your access to and use of the Products and Services and supersede any prior or contemporaneous agreements, communications, or understandings on that subject, except to the extent prohibited by applicable law. Breville’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent, except where permitted by applicable law. Breville may assign or transfer these Terms, in whole or in part, including in connection with any merger, acquisition, corporate reorganization, sale of relevant assets or operations, or by operation of law. Please see our Accessibility Statement for more information about accessibility.

26. Canadian Consumer Rights

Nothing in these Terms is intended to exclude, restrict or limit any rights, warranties, conditions, guarantees, remedies or protections that apply to you under applicable Canadian federal, provincial or territorial law. Depending on your province or territory and the nature of your purchase, you may have additional rights and remedies that cannot be waived by contract.

27. Questions

If you have any questions regarding these Terms or our Products or Services, please contact Breville Customer Support at +1 780-986-8819.

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