BREVILLE TERMS OF USE AND SALE

Last Updated: October 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 L.P., 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. IF YOU RESIDE OUTSIDE OF CANADA, THESE TERMS MAY NOT APPLY TO YOU, OR 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 amend these Terms at any time. If we amend these Terms, we will provide notice of such changes by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the beginning of these Terms. Where applicable consumer protection legislation requires it, including for residents of Quebec, we may amend only the following elements of these Terms: the features and functionality of the Services, the Subscription Fee for subscriptions of indeterminate duration, and the rules governing use of the Services; and we will send you a written notice (by email to the address associated with your account or, if we do not have one, by post), drawn up clearly and legibly, at least 30 days and not more than 90 days before the amendment takes effect. The notice will set out the new clause only, or the amended clause and the clause as it read formerly, the date the amendment takes effect, and your rights under this paragraph, including how you may respond and what will happen if you do not respond. Responding will be free of charge. You may refuse the amendment and cancel your agreement with us, including any subscription, without cost, penalty, or cancellation indemnity by notifying us no later than 30 days after the amendment takes effect. Where applicable law gives you the right to keep your existing terms unchanged, we will respect that right. Subject to the foregoing, your continued use of the Services will confirm your acceptance of the revised Terms. 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

Please refer to our Privacy Notice for information about how we collect, use, and disclose information about you. By using the Services, you agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any applicable legal requirements including that communications be in writing. This Section does not constitute consent under Canada's Anti-Spam Legislation (CASL) to receive commercial electronic messages; any such consent will be obtained separately where required by applicable law.

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. In addition, if you are between the ages of 16 and 18 (or between 16 and the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. 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 full power and authority to enter into these Terms and that in so doing, 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  Prices are subject to change without notice.  Products are subject to availability.  Some of the Products are shown in the Services for promotional purposes only and may not be available for purchase.

Prices are shown in Canadian dollars unless otherwise specified. All applicable federal and provincial taxes, including GST/HST and PST where applicable, and shipping and handling and other fees will be clearly disclosed before purchase completion.

All Products and Services offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue sales of Products and Services without prior notice. Prices for Products and Services are subject to change at any time, but such changes will not affect any order for Products or Services you have already placed.

4.2 Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant all payment information is accurate and that you are authorized to use the designated payment method and that you permit us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). You must promptly notify us of any changes to your payment information. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order(s) may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your order. When we process your credit card, some credit card companies may place a temporary hold on your account for your first payment. Please contact your credit card company if you have questions.

Our presentation of Products and Services shall not be considered a binding offer, but rather an invitation to place an order. Only once you conclude the online purchase process, will we have a binding contract of sale. You may update your cart at any time before concluding the online purchase process. We will not proceed with the delivery process until your payment has been received. We may refuse or cancel any order at any time at our sole discretion.  Payment must be received prior to order acceptance.  Products sold via the Services are intended for end users only and not for resale or export.

4.3 Taxes

To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees or duties (collectively, "Taxes") due with respect to your purchase and use of Products or Services. Orders may incur Taxes as determined by the applicable customs agency or agencies. Assessment of Taxes is generally based upon the value of the order and the Tax-free threshold (if applicable) for goods imported into the destination country. We will collect applicable Taxes if we determine we have a duty to collect Taxes. Please note that we do not collect Taxes on merchandise shipped to jurisdictions in which we do not have substantial nexus.

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 we state 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 us at: [email protected].

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

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.

4.7 Errors

We attempt to be as accurate as possible and to eliminate errors on our Services; however, we do not represent or warrant that the descriptions, pricing, or other Product- or Service-related information is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. If you are a resident of Quebec, we will not charge you a price higher than our advertised price.

4.8 Internet Agreement Disclosures
Where required by applicable provincial consumer protection legislation, including the Consumer Protection Act, 2002 (Ontario) and its regulations, Breville will disclose the following information to you before you enter into an internet agreement for the purchase of Products or Services: (a) Breville's legal name, business name, telephone number, business address and email address; (b) a fair and accurate description of the Products or Services, including any applicable technical requirements or specifications; (c) an itemized list of the prices at which the Products or Services are proposed to be supplied, including applicable taxes, shipping and handling charges; (d) a description of each additional charge that applies or may apply, such as customs duties or brokerage fees; (e) the total amount to be paid by you under the agreement or, where the total amount cannot be determined in advance, the manner in which it is to be calculated; (f) the terms, method and schedule of payment; (g) the date on which delivery of the Products is to occur or the Services are to commence, as applicable; (h) the method of delivery, including the identity of the carrier, if applicable; (i) Breville's cancellation, return, exchange and refund policies; (j) any other applicable cancellation, return, exchange or refund rights, including rights arising under applicable law; (k) the currency in which amounts are denominated, if not in Canadian dollars; and (l) any other restrictions, limitations or conditions of purchase that may apply. This information will be made accessible in a manner that ensures you have accessed and are able to retain and print it. You will be provided with an express opportunity to accept or decline the agreement and to correct errors immediately before entering into it. Nothing in these Terms limits any cancellation rights you may have under applicable provincial consumer protection legislation if these disclosure requirements are not met.

5. Subscription Services

5.1. Services Subject

We may provide Services such as online cooking classes, demonstrations, and a corresponding provision of recipes and related services to our subscribers (collectively, the "Cooking Lessons"). In connection with the Cooking Lessons, subscribers may have the opportunity to interact with online instructors and teaching assistants. These individuals are not our employees and we are not responsible for the content and information that they provide through the Services.

5.2. Pricing and Availability, Free Trial, and Subscriptions

We provide some of our Services free-of-charge. However, certain subscription Services are paid Services subject to a periodic fee (as described in the applicable subscription offer), provided that we may provide a free trial (a "Free Trial") or discount period (a "Discount Period") to allow new subscribers to try the Service. We reserve the right, in our absolute discretion, to determine your Free Trial or Discount Period eligibility, and we may limit eligibility or duration to prevent free trial or discount abuse. 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. Members of households with an existing or recent subscription may not be eligible. We may use information such as device ID, method of payment, or an account email address used with an existing or recent subscription to determine eligibility. For combinations with other offers, restrictions may apply.

AUTOMATIC RENEWAL NOTICE: If you sign up for a Free Trial or Discount Period, you will be automatically charged a periodic fee (the "Subscription Fee"), plus applicable taxes and related charges, for continued access after its expiration unless you cancel your subscription on or before the end of the Free Trial or Discount Period. Before you enroll, we will clearly disclose the price that will be charged after the Free Trial or Discount Period ends and how to cancel before you are charged. Where required by applicable law, we will send you a reminder before your Free Trial or Discount Period ends and billing begins. You may cancel at any time before the end of your Free Trial or Discount Period without being charged. Access to the Free Trial or Discount Period will end immediately upon cancellation during the Free Trial or Discount Period, unless otherwise stated in the applicable offer or required by applicable law.

Following the Free Trial or Discount Period, we will continue to automatically charge the Subscription Fee on a periodic recurring basis until you cancel your subscription or we terminate it in our discretion for any reason, and you hereby authorize us to charge the current, valid, accepted method of payment you have provided us with to make such payments. If you are a resident of Quebec and are not in default, we will give you at least 60 days' written notice before we terminate a subscription of indeterminate duration, and we will not terminate a fixed-term subscription before the end of its term except as permitted by law. All payments are non-refundable, except where a refund is required under applicable provincial or territorial consumer protection legislation.

You may cancel your subscription at any time. To cancel, go to the "Subscription" page  on our website and follow the instructions for cancellation, or contact Breville Customer Support using the contact information above. To see when your account will close, click "Manage Subscription" on the "Subscription" page.  If you accepted a subscription offer online, you may cancel online. We will not obstruct or delay your ability to cancel. If you signed up through a third-party payment provider and wish to cancel your subscription, you may need to do so through that third party, for example, by visiting your account with the applicable third party and turning off auto-renew or unsubscribing through that third party. You may also find billing information about your subscription by visiting your account with the applicable third party.

We will provide you with advance notice of all fees we charge and any changes to our fees, together with information on how to cancel. If you continue to use paid Services after a fee has been increased in accordance with the amendment notice process at the beginning of these Terms, you agree to pay the increased fee, unless you exercise your right to cancel. If you terminate your subscription, you are responsible for the full amount of the Subscription Fee for the subscription period during which you terminated, and you will continue to have access to your subscription benefits until the end of that period. You must cancel your subscription before it renews to avoid billing the Subscription Fee for the next subscription period. EXCEPT AS REQUIRED BY APPLICABLE LAW, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL PERIODS AND/OR ANY UNUSED SERVICES. If, for any reason, you do not pay any Subscription Fee when due: (i) you remain liable for the Subscription Fee and (THE FOLLOWING WORDS IN THIS CLAUSE (i) DO NOT APPLY TO RESIDENTS OF QUEBEC) for, to the extent permitted by applicable law, any costs we incur in collecting it, including legal fees; (ii) you authorize us to continue charging your chosen payment method pursuant to the terms hereof; and (iii) we may suspend or terminate your access to the Services. We will not charge your payment method after you have properly cancelled your subscription. To the extent that you continue to be charged after valid cancellation of your subscription due to our error, we will provide a full refund within 5 to 7 business days of notification and, except to the extent a different remedy is required by applicable law, you agree that your sole remedy will be to receive a refund from us for the overcharged amounts. To the extent permitted by applicable law, you must raise any discrepancies within 60 days of the applicable charge or else they are waived.

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 national 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 12), 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. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by or terminating the accounts of users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:

Name of Designated Agent: General Counsel, Breville USA, Inc.
Address: 19400 S. Western Ave., Torrance, CA 90501
Phone: 310.755.3000
Email: [email protected]

If you are a resident of the United States, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. For non-U.S. residents, you must follow all applicable, jurisdiction-specific notification requirements.

You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying on such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

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 notify our designated agent set forth in Section 7.

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 15, 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, subject to additional terms and conditions, available at https://www.breville.com/us/en/legal/open-source-acknowledgements.html.

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, which is revocable by you at any time. 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 solely 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. You should contact third-party providers directly with any questions about their Third-Party Products and Services.

11. User Conduct

You agree that you will not violate any 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 the 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 or otherwise interfere with or modify the rendering of Materials or functionality;

Bypass or ignore instructions contained in the robots.txt file

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 further agree not to create, post, share or store any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

User Content that impersonates, or misrepresents your affiliation with, any person or entity;

User Content that references or depicts Breville or any of its Products or Services but fails to disclose a material connection to us, if you have one (for example, if you are a Breville employee);

User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;

User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Products or Services, or that may expose Breville or others to any harm or liability of any type.

We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, 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 and your name, likeness, voice and persona 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. You further grant all users of our Services permission 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. 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. 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.

15. 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 all 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 any of the Breville Parties' attorneys' fees and other costs of investigating and defending Claims, and the costs of enforcing the indemnity obligation.

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. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Breville.

16. 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 AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 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 ADVICE 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.

THE FOLLOWING PARAGRAPH DOES NOT APPLY TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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." BREVILLE DISCLAIMS ALL IMPLIED WARRANTIES FOR SUCH PRODUCTS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BREVILLE DOES NOT WARRANT ANY QUALITY OR CHARACTERISTIC OF PRODUCTS THAT WE DO NOT MANUFACTURE. UNLESS THE MANUFACTURER PROVIDES A WARRANTY, YOU AS THE BUYER BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH PRODUCTS, AND YOU, NOT BREVILLE, ASSUME THE ENTIRE COST OF ANY NECESSARY REPLACEMENT OR REPAIR. IF YOU ARE A CONSUMER IN CANADA, THE DISCLAIMERS IN THIS PARAGRAPH DO NOT APPLY TO THE EXTENT THEY ARE INCONSISTENT WITH THE IMPLIED CONDITIONS AND WARRANTIES APPLICABLE UNDER THE CONSUMER PROTECTION LAWS OF YOUR PROVINCE OR TERRITORY.

THE FOLLOWING PARAGRAPH DOES NOT APPLY TO RESIDENTS OF QUEBEC: MANUFACTURERS OF PRODUCTS SOLD BY BREVILLE MAY PROVIDE THEIR OWN WARRANTIES AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR REMEDY FOR ANY DEFECTS IN SUCH PRODUCTS WILL BE BASED SOLELY ON THE WARRANTIES, IF ANY, PROVIDED BY THOSE MANUFACTURERS. THIS PARAGRAPH DOES NOT LIMIT ANY STATUTORY WARRANTY RIGHTS YOU MAY HAVE UNDER APPLICABLE CONSUMER PROTECTION LAWS.

17. Limitation of Liability; Release

THE FOLLOWING PARAGRAPH DOES NOT APPLY TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL BREVILLE OR ANY OF THE BREVILLE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR MATERIALS OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BREVILLE, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD OR FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BREVILLE'S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BREVILLE AND THE BREVILLE PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING MATERIALS AND FUNCTIONS CONTAINED THEREIN, 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).

THE FOLLOWING PARAGRAPH DOES NOT APPLY TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, AND DISCHARGE THE BREVILLE PARTIES FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE PRODUCTS, EXCEPT FOR CLAIMS ARISING FROM DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR SERVICES YOU PURCHASE FROM US, BREVILLE'S FRAUD, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR BREACH OF ANY OBLIGATION THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THIS RELEASE APPLIES ONLY TO CLAIMS THAT HAVE ACCRUED AS OF THE DATE OF YOUR MOST RECENT USE OF THE SERVICES AND DOES NOT APPLY TO CLAIMS ARISING FROM EVENTS OCCURRING AFTER THAT DATE. THIS RELEASE DOES NOT APPLY TO RESIDENTS OF CANADA TO THE EXTENT IT WOULD WAIVE OR LIMIT RIGHTS THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE CANADIAN FEDERAL OR PROVINCIAL LAW.

THE LIMITATIONS SET FORTH IN THIS SECTION 17 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR SERVICES YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT BREVILLE'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) BREACH OF ANY CONSUMER PROTECTION RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE CANADIAN LAW; OR (D) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Modifications to the Services

We reserve the right in our sole discretion to modify, suspend or stop providing access to the Services and Materials (or any features or functionality thereof) at any time without notice, including in force majeure situations beyond Breville's control. THE FOLLOWING SENTENCE DOES NOT APPLY TO RESIDENTS OF QUEBEC: We have no obligation or liability to you for doing so. You are also entitled to forgo use of all or part of the Services at any time.

19. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT DESCRIBES HOW DISPUTES AND CLAIMS WITH BREVILLE WILL BE HANDLED.

Most disputes can be resolved without resorting to legal action. THE FOLLOWING TWO SENTENCES DO NOT APPLY TO RESIDENTS OF QUEBEC: Before taking any formal action, you will contact us within 30 days of the date the dispute arises at Breville 300 Town Centre Blvd, Suite 201, Markham, ON, L3R 5Z6, Canada  or at [email protected] and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims, we both agree to use best efforts to settle any dispute, claim, question or disagreement directly through consultation, and good-faith negotiations shall be a condition to either party initiating legal action.

19.1. Dispute Resolution for Canadian Residents

For Canadian residents, any disputes arising from these Terms will be resolved in accordance with Canadian law. You retain all rights under applicable consumer protection legislation and may pursue disputes through the courts or alternative dispute resolution mechanisms available in your province or territory.

19.2. Class Actions

Canadian residents retain all rights to participate in class action proceedings as permitted under applicable provincial and federal law.

19.3. Notice; Informal Dispute Resolution

You and Breville agree that each party will notify the other party in writing of any disputes within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve it informally. Notice to Breville shall be sent electronically at [email protected].

20. Governing Law and Venue

For Canadian residents (other than residents of Quebec), these Terms shall be governed by the laws of the province of Ontario and the federal laws of Canada as applicable. For residents of Quebec, these Terms shall be governed by the laws of the province of Quebec and the federal laws of Canada as applicable. Any disputes that are not subject to arbitration or cannot be heard in small claims court shall be resolved in the courts of competent jurisdiction in Toronto, Ontario, Canada, or, for residents of Quebec, in the courts of competent jurisdiction in the province of Quebec.

For non-Canadian residents, these Terms and your access to and use of the Products and Services shall be governed by and construed and enforced in accordance with the Terms of Use and Sale and the laws of the State of California, without regard to conflict of law rules or principles. Any disputes shall be resolved in the state or federal courts sitting in Los Angeles County, California.

21. Termination

Notwithstanding anything contained in these Terms (other than the provisions of Section 5 that apply to residents of Quebec), to the fullest extent permitted by applicable law, we reserve the right, without notice and in our sole 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. 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 automatically terminates, and the new owner will have no right to use the Services under your account and will need to register for a separate account with Breville.

22. Severability

If any term, clause or provision of these Terms is determined to be unlawful, invalid or unenforceable, then that term, clause or provision will be severable from these Terms. These Terms shall be construed as if they did not contain unlawful, invalid or unenforceable language and all other provisions shall remain fully enforceable. Nothing in these Terms shall prohibit or prevent any party from seeking public injunctive relief in a court of law in any matter under applicable protection laws, subject to the venue provisions herein.

23. 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.

24. Questions

If you have any questions regarding these Terms or our Products or Services, please contact us at [email protected] or send a letter to Breville 300 Town Centre Blvd, Suite 201, Markham, ON, L3R 5Z6, Canada Attn.: General Counsel.

25. Consumer Protection Rights

Canadian consumers have rights under applicable provincial consumer protection legislation that cannot be waived or limited by contract. These include but may not be limited to: cooling-off periods for certain purchases, warranty rights, and rights regarding unfair business practices. For information about your consumer rights, contact your provincial consumer protection office.

26. Support and AI-Assisted Support

26.1 Our online support tools and certain digital customer support services use AI-assisted functionality to help provide product information, troubleshooting, repair requests, warranty assessment, and customer support ("Support"). Where an AI assistant is used, it is an automated system, not a human representative. These tools use the information you provide to generate responses and support guidance. AI-assisted guidance may not identify every issue and may not be appropriate for every product condition, fault, or circumstance. Do not follow a troubleshooting step that appears unsafe, unclear, or inappropriate for your product. If you are unsure, the issue continues or the product may present a safety concern, stop using it and contact Breville Customer Support using the contact information in Section 4.5.

26.2 You must follow the product manual and safety instructions and must not follow AI guidance that conflicts with them. Support does not replace the product manual, safety warnings, care instructions, applicable warranty, or instructions from our customer support team. Please provide accurate and complete information and correct any errors you identify. Inaccurate or incomplete information can affect our assessment; we may ask for clarification or evidence before confirming an outcome. A preliminary response is not confirmation that a repair, refund, replacement, or warranty claim has been accepted. Any correction or rejection of an assessment must be consistent with your applicable warranty and consumer rights. We remain responsible for our own obligations and do not exclude liability for our own errors merely because Support uses AI. You can contact our customer support team to ask for a person to review a disputed assessment. Where a decision about you is based exclusively on automated processing of your personal information, we will inform you of that fact and, on request, of the personal information used to make the decision, the reasons and principal factors that led to it, and your right to have that personal information corrected, and we will give you the opportunity to submit observations to a member of our personnel who is in a position to review the decision, in each case as required by applicable privacy law, including the privacy law of Quebec.

26.3 Information submitted privately for Support, including messages, contact details, product information, and supporting images, is not public User Content or Feedback for the purposes of the public-content licenses and ownership provisions in these Terms. We process it under our Privacy Notice and applicable law. Those licenses do not authorize public disclosure of your support information or its use by an AI provider for its own independent model training. Any separate use must have an appropriate legal basis and the required privacy information. Please do not send passwords, full payment-card details, or personal information unrelated to your request.