Terms of service

TERMS OF SERVICE

DriftAqua

Effective Date: January 26, 2026

Welcome to DriftAqua. These Terms of Service ("Terms") govern your use of our website and the purchase of products from DriftAqua ("we," "us," or "our"). By accessing our website or making a purchase, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you must not use our website or purchase our products.

1. Acceptance of Terms

By accessing or using our website, placing an order, or purchasing products from DriftAqua, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Products and Services

2.1 Product Descriptions

We strive to provide accurate descriptions and images of our products. However, we do not warrant that product descriptions, images, pricing, or other content on our website is accurate, complete, reliable, current, or error-free.

2.2 Natural Product Variations

Driftwood, plants, and other natural products sold by DriftAqua are inherently variable in size, shape, color, texture, and appearance. As natural products, each item is unique, and variations from product images or descriptions are expected and normal. By purchasing natural products from us, you acknowledge and accept that:

• Natural variations in appearance, size, and characteristics are not defects

• Product images are representative examples and your item may differ

• Driftwood may have natural imperfections, irregularities, or variations in color and texture

• Plants may vary in size, leaf count, and appearance based on growing conditions and seasonality

These natural variations are not grounds for returns, refunds, or exchanges unless the product is genuinely damaged or defective.

2.3 Product Availability

All products are subject to availability. We reserve the right to discontinue any product at any time without notice. If a product is unavailable after you place an order, we will notify you and provide a refund or offer a suitable alternative.

3. Ordering and Payment

3.1 Order Acceptance

All orders are subject to acceptance by DriftAqua. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

3.2 Pricing

All prices are listed in Canadian Dollar (CAD, $) and are subject to change without notice. We reserve the right to correct pricing errors and will notify you if this occurs with your order. You will have the option to confirm your order at the correct price or cancel it.

3.3 Payment

Payment must be received in full before your order is processed. We accept major credit cards via Shop, Paypal, and GPay. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge the total amount of your order.

4. Shipping and Delivery

4.1 Shipping Methods and Costs

Shipping costs and delivery times vary based on your location and the shipping method selected at checkout. Shipping costs will be clearly displayed before you complete your purchase.

4.2 Live Plant Shipping

Live plants are perishable and require special care during shipping. By ordering live plants, you acknowledge and agree to the following:

• You are responsible for promptly retrieving your package upon delivery

• Delays in package pickup or retrieval may result in plant damage or death

• DriftAqua is not liable for damage to live plants caused by failure to retrieve packages in a timely manner

• You must inspect live plants immediately upon delivery and report any shipping damage within 24 hours

• Weather-related shipping delays or damage are beyond our control and are not covered by our guarantee

If you fail to pick up your mail or retrieve your package in a timely manner, resulting in damage to live plants, we will not be held liable, and no refund or replacement will be provided.

4.3 Delivery Times

Estimated delivery times are provided for guidance only and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather conditions, customs clearance, or other factors beyond our control.

4.4 Risk of Loss

Risk of loss and title for items purchased pass to you upon delivery to the shipping carrier. We strongly recommend purchasing shipping insurance for high-value orders.

5. Research Use Only (RUO) Products

Certain products offered by DriftAqua are designated as "Research Use Only" (RUO). By purchasing RUO products, you acknowledge and agree to the following:

• RUO products are intended solely for research, educational, or experimental purposes

• RUO products must not be used for agricultural, horticultural, or commercial growing purposes

• RUO products must not be introduced into natural environments or ecosystems

• You are solely responsible for complying with all applicable laws and regulations regarding RUO products

• DriftAqua is not liable for any misuse of RUO products or any consequences arising from their use

Violation of RUO terms may result in termination of your account and legal action. You agree to indemnify and hold DriftAqua harmless from any claims arising from your misuse of RUO products.

6. Product Use and Liability

6.1 Intended Use

All products sold by DriftAqua are intended for their specified purposes as described on our website or packaging. You agree to use all products as intended and in accordance with any instructions, warnings, or guidelines provided.

6.2 Limitation of Liability for Unintended Use

DriftAqua is not responsible or liable for any damages, injuries, losses, or consequences resulting from the use of our products in ways not intended, recommended, or covered by our instructions. This includes but is not limited to misuse, modification, improper installation, negligence, or use in inappropriate conditions. By purchasing our products, you assume all risks associated with unintended or improper use.

7. Rewards Program and Promotional Items

7.1 Program Description

DriftAqua may offer rewards programs, promotional items, free plants, or free products ("Rewards") to customers from time to time. These Rewards are offered at our sole discretion and are subject to the terms outlined in this section.

7.2 Eligibility and Minimum Requirements

Rewards are only provided when specific minimum requirements are met, which may include but are not limited to:

• Minimum purchase amounts

• Specific product purchases

• Account status or membership level

• Promotional period participation

• Referral or loyalty program participation

The specific requirements for earning Rewards will be clearly stated at the time of the promotion. Failure to meet stated requirements will result in forfeiture of the Reward.

7.3 Changes Without Notice

We reserve the right to modify, suspend, or terminate any Rewards program at any time without advance notice. This includes but is not limited to:

• Changing minimum purchase requirements

• Altering the types of Rewards offered

• Modifying eligibility criteria

• Ending promotional periods early

• Discontinuing the program entirely

Changes to Rewards programs are effective immediately upon posting to our website or notification through our communication channels. Continued use of our services after changes constitutes acceptance of the modified terms.

7.4 No Guaranteed Value

Rewards have no cash value and cannot be redeemed for cash, transferred, sold, or exchanged except as expressly stated in the specific promotion terms. We make no guarantees regarding the availability, quality, or value of Rewards provided.

7.5 Expiration and Forfeiture

Rewards may expire if not redeemed within specified timeframes. Earned Rewards may be forfeited if your account is terminated, suspended, or found to be in violation of these Terms.

7.6 Program Abuse

Any attempt to abuse, manipulate, or exploit Rewards programs through fraudulent activity, multiple accounts, false information, or other prohibited means will result in immediate disqualification, forfeiture of all Rewards, and potential termination of your account. We reserve the right to take legal action for fraudulent activity.

8. Returns and Refunds

8.1 Return Policy

Due to the nature of our products, returns are evaluated on a case-by-case basis. Products must be unused, in their original condition and packaging, and returned within [Insert Number] days of delivery to be eligible for a return.

8.2 Non-Returnable Items

The following items are not eligible for return or refund:

• Live plants (unless they arrive damaged during shipping and are reported within 24 hours)

• Products damaged due to failure to retrieve packages in a timely manner

• Natural products with normal variations in appearance

• RUO products once opened or used

• Custom or special-order items

8.3 Damaged or Defective Products

If you receive a damaged or defective product, please contact us within 24 hours of delivery with photographs and a description of the issue. We will evaluate your claim and provide a replacement, refund, or store credit at our discretion.

8.4 Refund Processing

Approved refunds will be processed within 3-7 business days and issued to the original payment method. Shipping costs are non-refundable unless the return is due to our error.

9. Account Termination and Violations

9.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws or regulations

• Providing false, inaccurate, or misleading information

• Engaging in fraudulent activities, including payment fraud or abuse of promotions

• Misusing RUO products in violation of Section 5

• Creating multiple accounts to exploit promotions or circumvent restrictions

• Attempting to gain unauthorized access to our systems or other user accounts

• Using our website or services in any manner that could damage, disable, or impair functionality

• Harassing, threatening, or abusing our staff or other customers

• Attempting to reverse engineer, decompile, or extract source code from our website

9.2 Consequences of Violations

If you violate these Terms or engage in prohibited activities, we reserve the right to take any or all of the following actions:

• Immediately suspend or terminate your account without notice

• Cancel pending or future orders

• Refuse service to you in the future

• Forfeit any Rewards, credits, or promotional benefits

• Report your activities to appropriate law enforcement or regulatory authorities

• Pursue legal action to recover damages, costs, and attorney fees

9.3 Account Termination by You

You may terminate your account at any time by contacting us. Upon termination, you will lose access to any Rewards, store credits, or account benefits. Outstanding orders will be processed according to their current status.

9.4 Effect of Termination

Upon termination of your account (whether by you or by us), all provisions of these Terms that by their nature should survive termination will remain in effect, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

10. Intellectual Property

All content on our website, including but not limited to text, images, logos, graphics, product descriptions, and software, is the property of DriftAqua or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DRIFTAQUA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use our products or services

• Unauthorized access to or alteration of your data

• Any conduct or content of any third party

• Any use of our products for unintended purposes

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO DRIFTAQUA FOR THE PRODUCT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless DriftAqua, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of our products or services, your violation of these Terms, or your violation of any rights of another party.

13. Disclaimer of Warranties

OUR PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in [Insert Location], except that either party may seek injunctive relief in court to protect intellectual property rights.

By agreeing to these Terms, you waive your right to a jury trial and to participate in class action lawsuits.

15. Changes to Terms

We reserve the right to modify or update these Terms at any time without prior notice. Changes will be effective immediately upon posting on our website. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and DriftAqua regarding your use of our services and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms of Service, please contact us using out web form.