PRIVACY & SAFETY

Meloolou (the “Company”) respects your (“You” and “Your”) privacy. This “Privacy Policy” describes how the Company collects, uses, maintains, discloses, and protects Personal Information (defined below), as well as the rights and choices You have regarding Your Personal Information, including how You can access and update Your Personal Information. This Privacy Policy was last amended February 1, 2021. “Personal Information” is information that identifies You or could be combined by the Company or the Company’s services providers or affiliates with other information to identify You. By accessing or using the Company’s website located at www.meloolou.com (the “Website”) or any content on or through the Website, You signify Your consent to the terms of this Privacy Policy and Your intent to be legally bound by them. If You do not agree with any terms of this Privacy Policy, please do not access or use the Website or any content on or through the Website, or otherwise submit any Personal Information to the Company.

The Company takes steps to ensure that any Personal Information we collect about You is adequate  for, relevant to, and not excessive for the uses of such Personal Information, as described by this Privacy Policy.

Personal Information the Company collects from You on or through the Website and as a result of Your access to or use of the Website or any content on or through the Website may include Personal Information You provide the Company directly. 

The Company may also use cookies or other technological collection methods to collect information, some of which may be Personal Information, about:

  • The device or equipment You use, including information about Your computer or mobile device, internet connection, IP address, operating system, and browser type; or

  • Your browsing activities and patterns, including information about Your visits to the Website such as traffic data, location data, logs, and other similar communication data.

 

This information helps the Company improve the Website and the content available on or through the Website and otherwise improve the services of the Company by:

  • Helping the Company understand audience sizes and usage patterns on the Website;

  • Allowing the Company to tailor the Website to Your preferences and interests; and recognizing You when You visit the Website multiple times.

The technologies used by the Company to automatically collect the information described above may include cookies, which are small files placed on the hard drive of Your computer. You can turn off cookies using Your internet browser but doing so may limit or remove certain parts of the Website, certain content on the Website, or the functionality of the Website.

 

The Website may include, integrate, or rely on links, plug-ins, services, social networks, content, or applications of third parties. Your access or use of such links, plug-ins, services, social networks, content, or applications may allow the third-party provider to collect or share information about You, some of which may be Personal Information. The Company does not control such third parties’ use of cookies or similar technologies – if You would like to know more about how these third parties use such technologies, You should contact the responsible provider directly. The Company does not accept any responsibility or liability for the privacy policies of any such third parties or their compliance or non-compliance with such privacy policies.

The Company collects Personal Information to provide You with a secure, smooth, efficient, and customized experience through or on the Website or any content on the Website. The Company may use Your Personal Information to:

  • Provide You with content, services, or products on or though the Website;

  • Customize, measure, and improve the Website or content provided on or through the Website, or otherwise analyze or manage the Company’s business operations or Website performance;

  • Prevent prohibited or illegal activities, loss, or fraud, enforce the Company’s Terms of Use, or otherwise protect the security or integrity of the Website or the Company’s business;

  • Deliver  targeted  marketing,  service  update  notices,  or  promotional  offers  based  on Your communication preferences;

  • Send You things in the mail or through other channels, such as products or services that You have requested; register You for, or authenticate You when You sign into, an account or online services or when You purchase a product or service, or to provide You with notices about such accounts, subscriptions, or purchases;

  • Provide You notice about changes to the Website, this Privacy Policy, or the Company’s Terms of Use;

  • Otherwise fulfill the purposes for which You have provided Personal Information or that

  • were described when such Personal Information was collected; or

  • Carry out other purposes that are disclosed to You and to which You consent, or which are otherwise permitted or required by law.

 

The  Company  may  combine  all  the  Personal  Information  the  Company  collects,  including Yours, in order to analyze and understand aggregate trends.

 

The security of Your Personal Information is important to the Company. The Company protects Your  Personal  Information  by  maintaining  physical,  organizational,  and  technological safeguards against unauthorized access, unauthorized disclosure, theft, or misuse appropriate to the  sensitivity of such Personal Information. Personal Information collected by the Company may only be accessed by persons within the Company who require access to provide You with access to, use of, or content, services, or products provided on or through the Website. 

Although the Company takes measures to protect against data breaches and unauthorized access to Your Personal Information, no company can completely mitigate the risks of such breaches or unauthorized access and no website is fully secure. The Company cannot guarantee that hacking, data loss, breaches, or other unsanctioned access of the Company’s security systems will never occur. Accordingly, You should  not submit or otherwise provide Personal Information to the Company by any means if You consider that Personal Information to be sensitive.

Except as otherwise permitted or required by applicable law or regulation, the Company retains Personal Information only for as long as necessary for the purposes for which such Personal Information was collected. The Company reserves the right to use anonymous and deidentified information, including anonymized or otherwise de-identified Personal Information, for any legitimate business purpose without further notice to You and without Your Consent.

 

The Company reserves the right to amend this Privacy Policy for any or no reason, at any time, and from time to time in accordance with  the terms  of this  Privacy Policy. 

The Company will reflect any such amendments on the Website. Your continued access to or use of the Website or any content on or though the Website after any such amendment constitutes Your acceptance of the Privacy Policy as then amended. The Company includes the date this Privacy Policy was last amended at the top of this page.

 

The Company  has  appointed a privacy officer responsible for ensuring compliance with this Privacy Policy. If You have any questions regarding this Privacy Policy or Your Personal Information, please contact the Company’s privacy officer at info@meloolou.com

TERMS OF SERVICE

These general terms and conditions of use (the “Terms of Use”) constitute a legal agreement between you (“You” and “Your”) and Meloolou (the “Company”) governing Your use of meloolou.com and all associated web pages owned by the Company (collectively, the “Website”). “We” and “Us” means both You and the Company. By accessing or using the Website or otherwise indicating Your consent to these Terms of Use, You agree to be bound by these Terms of Use and the documents referred to herein. If You do not agree with or accept any of the terms of these Terms of Use, You should cease using the Website immediately. These electronic Terms of Use shall be the equivalent of a written paper agreement between Us. 

EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFIL-IATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFIC-ERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECO-NOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAW-FUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-AGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES THE COMPANY MAY MAKE TO THE WEBSITE OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING USER GENERATED CONTENT; (C) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AS APPLI-CABLE. NOTWITHSTANDING THE FOREGOING, IF THE COMPANY IS FOUND TO BE LIABLE FOR ANY REASON, THE COMPANY’S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (Y) THE TOTAL FEES SUCH PARTY MADE TO THE COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (Z) $150 CAD.
 
By using the Website, You represent and warrant that You are the legal age of majority under applicable law to form a binding contract with the Company. 
 
These Terms of Use are dated January 1, 2021. The Company reserves the right in its sole discretion to amend these Terms of Use for any or no reason, at any time, and from time to time. Any and all such amendments will be effective from the date they are published and will apply to all access to or continued use of the Website. 
 
By continuing to use or access the Website following such amendment to these Terms of Use, You agree to be bound by the Terms of Use as amended, regardless of whether or not the Company notified You of such amendments. You agree to periodically review these Terms of Use in order to be aware of any amendments.
 
No changes to these Terms of Use are valid or have any effect unless agreed to by the Company in writing.

You may be able to purchase products on the Website and Your purchase of any such goods will be governed by this subsection 2.3, subject to any additional terms relating to a particular product (“Additional Terms”), which will be made available to You at or before Your time of ordering and will prevail over these Terms of Use in the event of a conflict.

By selecting a product, quantity, color, and/or any other features required to be selected by You, providing Your provided method of payment, and completing the steps required of You during the check-out process, You can place an order for a product on the Website. You may receive an email confirming that such order has been received by the Company, however: (a) any such order confirmation provided to You by the Company does not constitute an acceptance of Your order; and (b) the Company reserves the right, at its sole discretion, to accept or reject any order prior to shipment of that order. Without limiting the foregoing sentence, the Company may reject all or a portion of Your order because of the unavailability of the ordered product or products for purchase, errors in product pricing information, or a product recall for one or all of the products You ordered. Shipment and processing of payment for each product in Your order will constitute the Company’s acceptance of that portion of Your order. 

The Company does not represent or warrant that any products description, image, or other such content on the Website is accurate, complete, reliable, or current. If You deem that a product You purchased on the Website is not as described on the Website, Your sole recourse is to return that product to the Company for a refund. Please direct such return inquiries to info@meloolou.com. To extent legally permissible, the only warranties and conditions provided to You with respect to any particular product are those warranties and conditions described on the Website. 

By placing an order for a product or products on the Website, and specifically by confirming your order at the conclusion of the check-out process, You agree to pay the Company the total amount set-out at the time You confirm Your order. All prices quoted on the Website, including the prices for products and shipping, are in Canadian dollars unless otherwise explicitly stated. Your provided method of payment will be charged for Your order or for each product in Your order as each portion of Your order is accepted by the Company and shipped. The Company reserve the right to reject Your order where the price of an ordered product has changed or was misstated on the Website; You may be provided an opportunity to accept such price change and continue with Your order. You are required to pay for all products shipped to You by the Company, even where such product is shipped to You as a result of an error by the Company, unless You return such product to the Company within 14 calendar days of Your receipt thereof. All payments owed by You are due no more than 30 calendar days after Your receipt of the product and/or order and the Company reserves the right to charge interest on any amounts owed but not paid by You within such time at the lower of 1.5% or the maximum rate permitted by law.

All information provided by You to the Company during the check-out process must be truthful, accurate, and complete for the purposes for which such information was requested. By providing payment information to the Company, You represent and warrant that You are the authorized owner of such payment method.

The Company may use third-party carriers to ship and deliver the products You order and the Company is not responsible for any loss or damage to any such products after the Company has delivered the products to a third-party carrier. Products You order may be shipped in one or multiple packages. Shipping costs provided to You during the check-out process are estimates only and are realized by the Company at the time of shipping. You agree to pay all shipping costs unless otherwise stated by the Company at the time of Your order, including without limitation any increase in the price of shipping or any duties or other such taxes.

The Company will respect any certain legal rights You have with respect to Your order under applicable consumer protection laws. For information on the Company’s exchange and returns policy please refer to the Return Policy page found below. 

The Website and all the content of the Website (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Website but excluding User Generated Content), the manner in which such content is presented or appears and all information relating thereto, and the Website’s features and functionality (collectively, the “Website IP”) are owned by the Company, its licensors, or other providers of such Website IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.

The Company grants You a personal, revocable, non-transferable, and non-exclusive license to access and read the Website IP.
You agree that, except as explicitly authorized by the Company, You will not:

  • distribute the Website IP for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Website IP by the press or media or through any commercial network, cable, or satellite system;

  • create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Website IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or

  • allow any third-party to access the Website IP.


These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law provision, principle, or rule, and notwithstanding Your domicile, residence, or physical location.

For the purpose of all legal proceedings, these Terms of Use shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain any action arising under or out of these Term of Use. You and the Company agree to irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Ontario. You further waive any and all objections to the exercise of jurisdiction over You by such courts and to the venue of such courts. You agree to waive any right You may have to a trial by jury or to commence or participate in any class action against the Company related to the Website or any content on the Website, including User Generated Content, or these Terms of Use.

To the maximum extent permitted by applicable law, You agree at all times to indemnify, defend, and hold harmless the Company, its agents, affiliates, partners, and its and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, actions, proceedings, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal and other fees and disbursements) sustained, incurred, or paid by the Company, or arising out of or relating to Your breach of these Terms of Use or Your access or use of the Website, including without limitation any User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Website, and Your access to, use, or misuse of the Website or any content on the Website.

The Website or content on the Website may contain links to third-party sites. The Company does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Website or from any content on the Website. Where You access such sites, You acknowledge and agree You are doing so at Your own risk. Your use of a third-party site may be governed by the terms and conditions of such site.

In providing links to third-party sites, the Company is in no way acting as a publisher or disseminator of any material contained on those sites and does not and does not seek to monitor or control such sites.

A link to a third-party site does not mean and should not be construed to mean that the Company is affiliated or associated with such third-party in any way. The Company does not recommend or endorse any material found on such third-party sites. The mention of another party or its product or service on the Website or in any content on the Website is not and should not be construed as an endorsement of that party or its product or service.
 
Any reliance You may place on the Website or any content available on, through, or as a result of the Website is at Your own risk. Any content provided by the Company on, through, or as a result of the Website is provided for general information purposes only and to inform You about the Company and the Company’s products, news, features, services, and other websites. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply Your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Website or any content on the Website, including User Generated Content, including without limitation the use of the Website or any content on the Website, including User Generated Content, as the basis for any conclusions.
 
The Company shall have no liability to You for any breach of these Terms of Use caused by any event or circumstances beyond the Company’s reasonable control including without limitation strikes, lock-outs and other industrial disputes, breakdown of systems or network access, disease, flood, fire, explosion, or accident.

If You have a dispute with one or more other users of the Website, You release the Company, its affiliates, and licensors (and its and their directors, officers, employees, agents, and subsidiaries) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law provision, principle, or rule, and notwithstanding Your domicile, residence, or physical location.