PRIVACY & SAFETY

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. 
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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.
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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.
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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. 
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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. 
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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.
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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.
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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.
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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. 
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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.
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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:
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• 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.

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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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