Last updated: October 6, 2026
OVERVIEW
These Terms of Service apply to the website at thecpapstore.ca (the “Site”), The CPAP Store mobile shopping application (the “App”), and the information, tools, products, and services offered through them (collectively, the “Services”). The Site and App are operated by The CPAP Store. Throughout these Terms, “we”, “us”, and “our” refer to The CPAP Store, and “you” refers to the person accessing or using the Services or making a purchase.
By accessing or using the Site or App, creating an account, or purchasing from us through the Services, you agree to these Terms of Service (“Terms”), including the policies referenced in them. These Terms apply to all users of the Services, including browsers, customers, vendors, merchants, and contributors of content. Please read them before using the Services. If you do not agree, you may not use the Services.
Our store uses Shopify's e-commerce platform. The App connects to our Shopify store to allow customers to browse products and make purchases. These Terms apply to purchases through both the Site and the App. New features and tools offered through the Services are also subject to these Terms.
Our Privacy Policy explains how we handle personal information. Acceptance of these Terms does not replace any separate consent required for marketing, tracking, or other personal information practices.
Consumer rights: Nothing in these Terms excludes, restricts, or waives any consumer right, statutory warranty, legal guarantee, remedy, or liability that cannot lawfully be excluded, restricted, or waived under the laws applicable to you. This protection applies to every section of these Terms, including statements about final sales, returns, warranties, liability, indemnification, and termination. If a provision conflicts with a mandatory legal protection, that protection prevails.
The current Terms are available on the Site and accessible through the App. Changes are governed by Section 19.
SECTION 1 - WEBSITE AND APP TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, territory, or other jurisdiction of residence, or that you are the age of majority in your province, territory, or other jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Site or App.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of these Terms may result in suspension or termination of access to the Services, subject to Section 16 and applicable law.
SECTION 2 - GENERAL CONDITIONS
We may refuse or restrict access to the Services for lawful reasons, including suspected fraud, abuse, security risks, or a breach of these Terms, subject to applicable law and our obligations concerning existing orders.
Use of the Services involves transmitting information over networks and through service providers. Our handling of personal information is described in our Privacy Policy. Payment information is processed through the payment providers used for your checkout. You are responsible for protecting your device and account credentials and for notifying us promptly of suspected unauthorized access.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site or App through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We aim to provide accurate information, but general informational content on the Site or App may contain errors or become out of date. This does not limit our obligations concerning product descriptions, representations, or disclosures required by law. The material on the Site or App 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 or more timely sources of information. Health and therapy information is subject to Section 23 and is not a substitute for individualized medical advice.
The Site and App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site or App at any time, subject to any obligation to correct or update information under applicable law. You agree that it is your responsibility to monitor changes to our Site or App.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for future purchases may change without notice. A change to a listed price does not by itself change the price of an existing accepted order. Corrections of errors are subject to Section 11 and applicable law.
We may modify or discontinue digital features of the Services, subject to any notice or other obligations required by applicable law.
Changes, suspension, or discontinuance of the Services do not remove our obligations concerning existing orders, refunds, warranties, or other rights required by law. Any limitation of liability is subject to Section 13.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the Site or App. These products or Services may have limited quantities and are subject to our Refund Policy and any return, cancellation, refund, repair, replacement, or other rights available under applicable law.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on the Site or App is void where prohibited.
Individual preferences, comfort, and therapy results vary. We do not guarantee a particular personal or therapeutic outcome. This does not limit any express product warranty, statutory warranty, legal guarantee, or other obligation that applies to the products or Services.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you using the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site or App. You must be authorized to use the payment method submitted. Where the Site and App use the same customer account, account information and order history may be available through both. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If we cancel an order after receiving payment, we will refund the amount paid for the cancelled items, together with any related charges that must be refunded under applicable law. For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Our responsibility for optional third-party tools is subject to Section 13 and applicable law. Their availability does not mean we endorse their content or recommendations.
Use of optional tools is at your discretion. Review the relevant provider’s terms before using them. Your statutory rights and the protections in Section 13 continue to apply.
We may also, in the future, offer new Services and/or features through the Site or App (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on the Site or App may direct you to third-party websites that are not affiliated with us. We do not control independent third-party websites or guarantee the accuracy of their content. Any limitation of our responsibility is subject to Section 13 and applicable law.
To the extent permitted by applicable law, we are not responsible for independent transactions you enter into directly with third-party providers through external websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Questions about services purchased directly from an independent third party should be directed to that provider. If you purchased a product from us, you may contact us for support; this section does not remove our obligations as the seller or your statutory rights.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are not required to pay compensation for or respond to unsolicited comments. This permission applies to public reviews and feedback or ideas submitted for that purpose. It does not authorize publication of private customer support messages, prescriptions, health information, payment information, or other personal information contrary to our Privacy Policy or applicable law.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be 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 right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. 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 Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Personal information collected through the Site, App, checkout, accounts, and communications with us is handled as described in our Privacy Policy. App permissions, optional tracking, notification preferences, and account deletion are addressed in that policy. Uninstalling the App does not automatically delete your customer account or information held by us.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or App or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if relevant information is inaccurate, subject to applicable law, including applicable rules concerning advertised prices and accepted orders. If a correction affects your order, we will notify you. Where cancellation is permitted and we cancel an order for which payment has been taken, we will issue the applicable refund.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Items purchased in bulk or in quantities deemed to be intended for resale are strictly prohibited and are subject to review. Orders identified as bulk purchases or for the purpose of reselling will be flagged and may be canceled at the sole discretion of The CPAP Store.
We reserve the right to determine, at our discretion, whether an order qualifies as a bulk purchase or is intended for resale. Any such purchases that we accept are final sale under our voluntary return policy, subject to statutory warranties, legal guarantees, and any cancellation, refund, or other rights that cannot be excluded by law. Additionally, The CPAP Store reserves the right to refuse future purchases from customers found to be reselling our products without prior authorization.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your mandatory legal rights are preserved. Nothing in these Terms excludes or limits statutory warranties, legal guarantees, consumer remedies, or liability that cannot lawfully be excluded or limited. Any express warranty we provide also remains subject to its terms. Manufacturer warranties are additional to, and do not replace, rights you may have against us under applicable law.
Subject to those protections, the digital features, general informational content, and optional tools available through the Site and App are provided on an “as is” and “as available” basis. We do not guarantee that access will always be uninterrupted, timely, or error-free, or that the Site or App will be compatible with every device or operating system. This disclaimer does not describe physical products as free of applicable quality, fitness, durability, safety, or other legal obligations.
To the extent permitted by applicable law, The CPAP Store and its directors, officers, employees, agents, contractors, and service providers will not be liable for indirect or consequential economic losses arising from use of or inability to access the Site or App, including lost profits, lost business opportunities, or lost savings. This exclusion applies only where and to the extent that the law allows it, and does not eliminate obligations relating to products or orders merely because they were purchased online.
Nothing in these Terms excludes or limits liability for our fraud, wilful misconduct, gross negligence, death or personal injury caused by our negligence, or any other liability that cannot lawfully be excluded or limited. These Terms do not require you to waive claims based on defective products or our failure to meet mandatory legal obligations. In Quebec, no provision is intended to release us from the consequences of our own acts or those of our representatives where doing so is prohibited by law.
The provisions concerning medical information and therapy outcomes in Section 23 are subject to the protections in this section.
SECTION 14 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless The CPAP Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
This indemnity applies only to the extent a third-party claim is caused by your unlawful conduct or breach of these Terms. It does not require you to indemnify us for our own negligence, misconduct, breach of these Terms, or failure to comply with applicable law, and does not apply where prohibited by consumer protection law.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site or App.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Suspension or termination does not extinguish your rights concerning prior purchases, valid refunds, warranties, or other mandatory remedies, or our obligations concerning accepted orders. We will provide any notice required by law.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or App or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
These Terms will be interpreted in accordance with applicable law, including any mandatory rules governing consumer contracts.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements under which we provide the Services are governed by the laws of British Columbia and the federal laws of Canada applicable there, except where mandatory laws applicable to you require otherwise. This choice of law does not deprive you of consumer protections or access to courts or other remedies that cannot lawfully be excluded in your province, territory, or other jurisdiction. No exclusive court venue or mandatory arbitration requirement is imposed by this section.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the current Terms on the Site and through the App. We may update these Terms to reflect changes to the Services, our business practices, or applicable law. We will post the revised Terms, update the “Last updated” date, and provide any notice or obtain any agreement required by applicable law.
Changes apply prospectively from their stated effective date. They do not retroactively change the terms of an existing purchase or remove rights that have already arisen, unless you separately agree and the change is permitted by law. Continued use after changes take effect constitutes acceptance only to the extent permitted by applicable law. If you do not agree to revised Terms, stop using the Services; obligations and rights relating to existing purchases remain in effect.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms, the Site, the App, or an order may be sent to:
The CPAP Store
Email: info@thecpapstore.ca
Mail: 5433 152 St #103, Surrey, BC V3S 5A5, Canada
Website: https://thecpapstore.ca
SECTION 21 - SMS TERMS OF SERVICE
Where you opt into SMS communications from The CPAP Store via the Site, App, or another sign-up method, you agree to receive the types of text messages described when you sign up. Depending on your consent and the services you use, these may include:
- Appointment scheduling and reminders
- Order and shipping updates
- Post-visit follow-ups
- Product or service notifications
- Billing and account-related messages
- Offers and promotions, where you have provided consent or another lawful basis permits us to send them
Consent to promotional texts is not a condition of purchasing. Accepting these Terms, downloading the App, or enabling push notifications does not by itself constitute consent to promotional texts. Message frequency may vary depending on your interactions with us. Message and data rates may apply based on your mobile plan.
You may opt out of SMS communications at any time by replying STOP to any message. For assistance, text HELP or contact info@thecpapstore.ca. SMS preferences and App push notification preferences are managed separately.
Your privacy is important to us. For more information, please view our Privacy Policy at: https://thecpapstore.ca/pages/privacy-policy
SECTION 22 - MOBILE APPLICATION TERMS
Use of the App. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable permission to download and use the App on devices you own or control for lawful personal shopping purposes. This permission is subject to any applicable app marketplace usage rules. You may not copy, distribute, resell, modify, or exploit the App except as authorized by us or permitted by applicable law.
Purchases and accounts. Purchases through the App are purchases from The CPAP Store and are subject to these Terms and the policies and disclosures presented with your order. Checkout may use Shopify or other payment services, including a web-based checkout. You are responsible for checking your items, quantities, delivery information, and total charges before submitting an order. App promotions may have separate eligibility rules or expiry dates, which will be disclosed with the offer.
Device access and availability. You are responsible for obtaining a compatible device and internet access, and for any charges imposed by your mobile or internet provider. Updates may be required for continued functionality or security. Features may vary by device or operating system. App interruptions do not remove our obligations concerning accepted orders or your statutory rights.
Notifications and permissions. Optional push notifications and device permissions are managed as described in our Privacy Policy and through the controls available on your device. Any required marketing consent will be requested separately. Push notifications are not a guaranteed method of delivering order or account information; contact us if you need assistance with an order.
App marketplaces and third-party services. Downloading or using the App may also be subject to the terms of the app marketplace, operating system provider, or payment service you use. Those third-party terms do not remove your rights against us as the seller of products purchased from us.
Stopping use. You may stop using the App and uninstall it at any time. Uninstalling the App does not cancel existing orders, delete your customer account, or remove rights and obligations arising from prior transactions. For account deletion or personal information requests, follow the process described in our Privacy Policy.
SECTION 23 - MEDICAL INFORMATION, THERAPY RESPONSIBILITIES, AND TREATMENT OUTCOMES
Retail information is not medical advice. The Site and App are shopping and product information services. General information provided through product listings, articles, videos, emails, messages, or ordinary customer support is for educational and retail support purposes. It is not a medical diagnosis, individualized treatment plan, prescription, or substitute for advice from a qualified healthcare professional. Purchasing a product or receiving general product support does not by itself establish a healthcare provider–patient relationship with The CPAP Store.
Clinical decisions and follow-up. Your diagnosis, suitability for CPAP, APAP, bilevel, oxygen, or other therapy, and any prescription or clinical treatment settings should be determined with an appropriately qualified healthcare professional. You are responsible for obtaining any prescription or clinical assessment required for your therapy and for arranging appropriate follow-up. Do not start, stop, or change prescribed therapy or clinical settings solely on the basis of general information from us, product reviews, or the Site or App. Do not disregard or delay professional medical advice because of information provided through the Services.
Correct use and maintenance. Use products in accordance with applicable prescriptions, your healthcare professional's directions, and the manufacturer's instructions and warnings. Follow the relevant instructions for fitting, cleaning, maintenance, replacement of components, and use of compatible accessories. Consult your healthcare professional about persistent discomfort, side effects, worsening symptoms, or concerns about whether your therapy is effective, and contact us about suspected product faults or order issues.
No guarantee of therapy results. Individual needs, mask fit, comfort, tolerance, adherence, and response to therapy vary. We do not guarantee that purchasing or using a particular product will resolve sleep apnea or another condition, eliminate symptoms, achieve a particular treatment result, or be comfortable or effective for every person. An unsatisfactory therapy outcome does not by itself establish that a product is defective or that we have failed to meet our obligations. This does not limit applicable product warranties, legal guarantees, or your right to raise a legitimate claim.
Therapy issues outside our responsibility. To the extent permitted by applicable law, we are not responsible for therapy interruptions, ineffective treatment, discomfort, side effects, or other loss or harm to the extent caused by your failure to follow applicable clinical or manufacturer instructions, unauthorized changes to clinical settings, misuse or improper maintenance of equipment, incompatible accessories selected contrary to applicable instructions, or independent treatment decisions made by you or your healthcare provider. This provision does not exclude responsibility to the extent an issue is caused by our own negligence, incorrect instructions, breach of an applicable warranty, or other failure to meet our legal obligations, and is subject to Section 13.
No clinical monitoring through the shopping App. The Site and App are not emergency services or clinical monitoring systems. Using them or purchasing a connected device does not mean that The CPAP Store is reviewing your therapy data, monitoring your health, or providing ongoing clinical supervision. Any separately agreed clinical service must be described in its own applicable terms. For a medical emergency, contact emergency services rather than relying on the Site, App, or customer support.