Terms of service

Last modified: September 24th, 2026

These Terms and Conditions govern your access to and use of rooandyou.ca (the "Website" or "Site"), including any content, functionality and services offered on or through it, and any purchase of products or services from Roo & You Inc. ("Roo & You", the "Company", "we", "us" or "our"). These Terms and Conditions contain important information about your rights and obligations, and the conditions and limitations that apply to you. Please read them carefully before using the Website or placing an order.

1. Acceptance of the Terms and Conditions

By using the Website, or by clicking to accept or agree to these Terms and Conditions when this option is made available to you, you accept and agree to be bound by these Terms and Conditions, our Privacy Policy, our Refund Policy, our Shipping Policy, and any other policies posted on the Website, all of which are incorporated by reference. If you do not agree to these Terms and Conditions, you must not access or use the Website or purchase products from us.

By using this Website you represent and warrant that you are at least the age of majority in your province, territory or state of residence and that you are able to form a legally binding contract. If you are under the age of majority, you may only use the Website with the consent and involvement of a parent or legal guardian.

This Website is intended for use by persons located in Canada and the United States. We make no claims that the Website or any of its content is accessible or appropriate outside these countries. If you access the Website from elsewhere, you do so at your own risk and are responsible for complying with local laws.

Please review our Privacy Policy, which also governs your visit to the Website, before placing an order.

2. Modifications to the Terms and Conditions and to the Website

Any new features or tools added to the Website are also subject to these Terms and Conditions. We reserve the right to revise and update these Terms and Conditions at any time. All changes are effective immediately when we post them. The version in effect at the time you place an order applies to that order. You agree to review these Terms and Conditions periodically, and your continued use of the Website after changes are posted means you accept them.

We reserve the right to change, withdraw or discontinue the Website, or any service or material we provide on it, at our sole discretion and without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period, and we may restrict access to some or all of the Website from time to time.

The Website is hosted on the Shopify Inc. platform. By using the Website, you are also subject to Shopify's Terms of Service. We are not responsible for how Shopify processes, stores or handles your data.

3. Use of the Website and Account Set-Up and Security

(a) You are responsible for obtaining your own access to the Website, and for ensuring that everyone who accesses the Website through your internet connection is aware of and complies with these Terms and Conditions.

(b) Any information you provide to the Website, including when you create an account or place an order, must be correct, current and complete.

(c) Transmission of information over the internet is never completely secure. We are not responsible for any circumvention of privacy settings or security measures on the Website. By submitting information through any interactive function of the Website, you consent to our use of that information in accordance with our Privacy Policy.

(d) Any username, password or other information you choose or are given as part of our security procedures must be treated as confidential. You must not disclose it to anyone else, and you should take particular care when accessing your account from a public or shared computer.

(e) Your account is personal to you and may not be transferred. You must notify us immediately at support@rooandyou.ca of any unauthorized access to or use of your account or password, and you must log out at the end of each session. You are responsible for any misuse of your password and any unauthorized access to your account.

(f) We may disable or terminate any account, username or password at any time, at our sole discretion, including if we believe you have breached these Terms and Conditions.

(g) You must not circumvent or attempt to circumvent the security of the Website, including by: accessing content or data not intended for you; breaching or attempting to breach any security or authentication measures; restricting, disrupting or disabling service to any user, host, server or network; illicitly reproducing TCP/IP packet headers; disrupting network services or network monitoring; using any robot, spider or other automatic device to access the Website; introducing viruses, trojan horses, worms, logic bombs or other malicious or harmful material; attacking the Website through a denial-of-service or distributed denial-of-service attack, flooding, mailbombing or crashing; or otherwise interfering with the proper working of the Website.

(h) You may not use our products or the Website for any illegal or unauthorized purpose, and you must not violate any laws in your jurisdiction in using the Website.

(i) A breach or violation of any of these terms will result in immediate termination of your access to the Website and our services.

4. Intellectual Property Rights and Ownership

The Website and its entire contents, features and functionality, including all text, images, designs, graphics, logos and product designs, are owned by Roo & You Inc., its licensors or other providers, and are protected by Canadian and international copyright, trademark and other intellectual property laws. Our name, logos and trademarks may not be used without our prior written permission. All other names, logos and marks on the Website are the property of their respective owners, and unauthorized use of any of them may infringe their intellectual property rights.

You may use the Website for your personal, non-commercial use only. You must not reproduce, compile, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Website, except that:

  • your computer may temporarily store copies of materials in RAM or browser cache incidental to your viewing them;
  • you may print a reasonable number of pages for your own personal, non-commercial use, provided you keep all copyright and proprietary notices on them; and
  • you may use social media sharing features provided on the Website, as permitted by those features and by the terms of the relevant social media platform.

You must not modify copies of any materials from the Website, delete or alter any copyright, trademark or other proprietary notices, or access or use any part of the Website for commercial purposes. If you print, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website ends immediately and you must, at our option, return or destroy any copies you have made. You acquire no ownership rights in the Website or its content, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of them and may infringe intellectual property laws.

5. Conditions of Use and User Submissions and Site Content Standards

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. Any content you post, submit or transmit through the Website, including reviews, photos, comments and messages ("User Submissions"), must comply with all applicable laws and regulations and must not:

(a) violate any applicable federal, provincial, state, local or international law or regulation;

(b) infringe any patent, trademark, trade secret, copyright or other intellectual property right of any person;

(c) violate the legal rights of others, including rights of publicity and privacy, or contain material that could give rise to civil or criminal liability;

(d) violate the terms of any third-party website or social media platform linked to the Website;

(e) include material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, pornographic, violent or inflammatory, or that discriminates on the basis of race, sex, religion, nationality, disability, sexual orientation or age;

(f) stalk, exploit or harm any person, including minors by exposing them to inappropriate content;

(g) ask for personal information in violation of applicable law;

(h) contain false, inaccurate or misleading information;

(i) impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including by using email addresses or screen names associated with them;

(j) transmit or procure advertising or promotional material without our prior written consent, solicit sales or other commercial activity, or send spam, junk mail, chain letters, contests, sweepstakes, or barter or advertising requests;

(k) encourage conduct that restricts or inhibits anyone's use or enjoyment of the Website, or that is likely to cause annoyance, inconvenience or needless anxiety, or to upset, embarrass or alarm any person, or promote any illegal activity or advocate or assist any unlawful act; or

(l) give the impression that it comes from or is endorsed by us or any other person or entity, if that is not the case.

We reserve the right to refuse service to anyone for any reason at any time.

6. User Submissions: Grant of Licence

The Website may contain interactive features that allow you to post or submit User Submissions. User Submissions will be treated as non-confidential and non-proprietary. By providing any User Submission, you grant us and our affiliates and service providers a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute and otherwise disclose it to third parties, and to incorporate it into any form, medium or technology, for any purpose. You waive any moral rights you may have in your User Submissions.

You represent and warrant that you own or control all rights in and to your User Submissions and have the right to grant the licence above, and that your User Submissions comply with applicable laws and with the content standards in Section 5. You are fully responsible for your User Submissions, including their legality, reliability, accuracy and appropriateness, and you are legally liable to any third party for them. We, and our parent, subsidiaries, affiliates, directors, officers and employees, are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user.

7. Site Monitoring and Enforcement, Suspension, and Termination

We have the right, without notice, to:

  • remove or refuse to post any User Submission for any or no reason, at our sole discretion;
  • take any action with respect to any User Submission that we consider necessary or appropriate, including if we believe it breaches these Terms and Conditions or the content standards in Section 5;
  • take appropriate legal action, including referral to law enforcement or regulatory authorities, or notify any harmed party of any illegal or unauthorized use of the Website;
  • cooperate fully with law enforcement authorities or court orders, including by disclosing the identity or other information of anyone posting material on or through the Website; and
  • terminate or suspend your access to all or part of the Website for any or no reason.

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THEM DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

8. No Reliance

The content on the Website is provided for general information only. Although we try to keep it accurate, we make no representation or warranty that the content is accurate, complete or current, and it may be out of date. Your use of the Website is at your own risk, and we and our affiliates have no responsibility or liability for any reliance placed on its content.

Content provided by third parties, including other users, reflects only the opinions of the person providing it and does not necessarily represent our opinion. We are not responsible or liable for the accuracy of any third-party content.

The Website may contain historical information that is provided for reference only. We have no obligation to update any information on the Website, and you are responsible for monitoring changes to it.

Prices for our products are subject to change without notice. We may modify or discontinue any product or service at any time without notice, and we will not be liable to you or any third party for any modification, price change, suspension or discontinuance.

9. Privacy

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of your User Submissions in accordance with the Privacy Policy. You understand that, except for payment card information, your content may be transferred unencrypted and may involve transmissions over various networks and changes to conform to the technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.

The Website uses cookies, which allow our servers to recall previous requests or registrations and/or IP addresses. You can set your browser to notify you before you receive a cookie, or to refuse cookies altogether, but some parts of the Website may not work properly if you do.

10. Third-Party Websites

For your convenience, the Website may provide links to third-party websites. We make no representations about any other website that may be accessed from the Website. If you choose to access such a site, you do so at your own risk. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You are subject to the terms and conditions of those sites.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests any form of association, approval or endorsement on our part, frame the Website on any other site, or link to any part of the Website other than the homepage. We may withdraw linking permission without notice. Any website you link from must comply in all respects with the content standards in Section 5.

11. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any order, at our sole discretion, even after we send you a confirmation email with your order number and details of the items ordered. If we cancel an order you have paid for, we will refund the amount paid in full.

If you cancel your order before it ships, a 5% restocking fee on the sum total of your receipt will apply. Once an order has shipped, our Refund Policy applies.

12. Prices and Payment Terms

(a) All prices, discounts and promotions posted on the Website are subject to change without notice. The price charged for a product will be the price advertised on the Website at the time the order is placed, subject to the terms of any promotion or discount. Price increases will only apply to orders placed after the increase. Posted prices do not include taxes or charges for shipping and handling. All applicable taxes and charges will be added to your total and itemized in your shopping cart and order confirmation email. We strive to display accurate price information, but we may occasionally make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from them.

(b) Terms of payment are within our sole discretion, and payment must be received by us before we accept an order. We accept Visa, Mastercard, American Express, Discover, Diners Club, Interac, Shopify Pay, Apple Pay, Google Pay, Afterpay and Sezzle, or such other methods as are shown at checkout. You represent and warrant that (i) the payment information you provide is true, correct and complete; (ii) you are duly authorized to use that payment method; (iii) charges you incur will be honoured by your payment provider; and (iv) you will pay the charges you incur at the posted prices, including shipping and handling charges and all applicable taxes, regardless of the amount quoted on the Website at the time of your order. Where we issue you an invoice, it is due and payable within the time stated on the invoice or, if no time is stated, within seven (7) days of the invoice date. We may charge interest on late payments at ten percent (10%) per annum or the highest rate permitted by law, whichever is less, and may refuse further orders and suspend any services until all overdue amounts are paid in full.

13. Shipments; Delivery; Title and Risk of Loss

(a) We will arrange for shipment of the products to you. Please check the individual product page and our Shipping Policy for delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

(b) Title and risk of loss pass to you when we transfer the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. The carrier is solely responsible for delivery, and we have no liability for any products delivered that remain unclaimed.

14. Returns and Refunds

Returns, exchanges, final sale items and refunds are governed by our Refund Policy, which forms part of these Terms and Conditions. In summary: foam products are final sale unless they arrive defective; unopened cover sets and the Hop House may be returned within fourteen (14) days of delivery in their original, unopened condition with valid proof of purchase; and no returns of any kind will be accepted without a Return Merchandise Authorization (RMA) number, which you can request by emailing support@rooandyou.ca.

You are responsible for all shipping and handling charges on returned items. We strongly recommend that you fully insure your return shipment and use a carrier that provides proof of delivery. Refunds are processed after we receive your returned merchandise and are credited to the payment method used for the original purchase. We offer no refunds on any products designated on the Website or in our Refund Policy as final sale or non-returnable. If this summary and the Refund Policy differ, the Refund Policy applies.

15. Goods Not for Resale or Export

(a) You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export, and that your purchases are intended for delivery to locations within the countries we ship to. We reserve the right to refuse any order and to limit or cancel quantities purchased per person, per household or per order, including orders placed by or under the same customer account, the same payment method, or orders that use the same billing and/or shipping address. We reserve the right to limit, prohibit and/or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or for the purpose of illegal activity. Orders found to have been placed in breach of this section may be excluded from our Refund Policy.

16. Limited Warranty

(a) We warrant to you that, for a period of one (1) year from the date of delivery (the "Warranty Period"), the fabric and the foam in any products purchased through the Website will materially conform to our published specifications in effect as of the date of manufacture and will be free from defects in material and workmanship under normal household use.

(b) EXCEPT FOR THE WARRANTY SET OUT IN SECTION 16(a), AND TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

(c) Products manufactured by a third party and sold through the Website ("Third-Party Products") are not covered by the warranty in Section 16(a). WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WITH RESPECT TO ANY THIRD-PARTY PRODUCT, EXPRESS OR IMPLIED. Third-Party Products may be covered by their manufacturer's warranty.

(d) The warranty in Section 16(a) does not cover normal wear and tear, or damage caused by misuse, accidents, pets, improper cleaning, or failure to follow our written care and use instructions.

(e) To make a warranty claim, you must give us written notice at support@rooandyou.ca, within the Warranty Period and within thirty (30) days of when you discover or ought to have discovered the defect, describing the defect and including your order number and photos. You must give us a reasonable opportunity to examine the products and, if we ask, return them to our place of business at your cost so we can reasonably verify the claim.

(f) We will not be liable for a breach of the warranty in Section 16(a) if: (i) you make any further use of the products after giving notice of the defect; (ii) the defect arises because you failed to follow our written instructions for the care, storage, installation or use of the products; (iii) you alter or repair the products without our prior written consent; or (iv) the warranty claim appears, in our reasonable judgment, to be made for the purpose of dealing, reselling or distributing, or for any illegal activity. In those cases we may limit, refuse or cancel warranty coverage for past, present and future orders.

(g) Subject to Section 16(f), for any product that does not comply with the warranty in Section 16(a) during the Warranty Period, we will, at our discretion, either (i) repair or replace the product (or the defective part) or (ii) credit or refund the amount paid for it. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES IN THIS SECTION 16(g) ARE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY IN SECTION 16(a).

(h) The warranty in Section 16(a) applies to the original purchaser only and is non-transferable. Nothing in these Terms and Conditions limits any rights you have under consumer protection laws that cannot be waived or excluded.

17. Limitation of Liability in respect of Sales

(a) TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, REPLACEMENT COSTS, SAVINGS OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE WEBSITE.

(c) TO THE EXTENT PERMITTED BY LAW, IN NO CASE SHALL ROO & YOU INC., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY.

(d) THE LIMITATIONS IN THIS SECTION 17 AND IN SECTION 18 SHALL NOT APPLY TO (i) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT; (ii) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS; OR (iii) ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

18. Limitation on Liability in respect of the Website Usage

SUBJECT TO SECTION 17(d) AND TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR OTHER THIRD-PARTY WEBSITES, OR ANY CONTENT, MATERIALS, POSTINGS OR INFORMATION ON THEM.

You are responsible for using and assembling our products in accordance with our written instructions, product labels and age guidance, and for appropriate adult supervision of children using our products.

19. Intellectual Property Use and Ownership

(a) Buying a product from us gives you ownership of that physical product only. It does not transfer to you any intellectual property rights in the product's design, or in any related content.

(b) Roo & You Inc. and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service, including all related copyrights, designs, patents, trademarks and other intellectual property rights.

(c) You do not and will not have or acquire any ownership of these intellectual property rights.

(d) You must not copy, reproduce or manufacture any of our product designs, or cause, induce or permit others to do so.

20. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including your User Submissions, your use of any third-party site, and any use of the Website's content, services and products other than as expressly authorized in these Terms and Conditions.

21. Force Majeure

No party shall be liable or responsible to the other, nor be deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any term (except for any obligation to make payments), when and to the extent such failure or delay is caused by or results from the following ("Force Majeure Events"):

(a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics (including COVID-19), tsunami, explosion or other disaster or catastrophe; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law or action; (e) embargoes or blockades in effect on or after the date of your order; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate materials, telecommunication breakdown, power shortage, or shortage of adequate transportation facilities; and (i) other similar events beyond the reasonable control of the impacted party.

The impacted party shall give notice within thirty (30) days of the Force Majeure Event, stating the period the event is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and minimize its effects, and shall resume performance as soon as reasonably practicable after the cause is removed. If the failure or delay remains uncured for ninety (90) consecutive days after notice, the other party may terminate by giving ten (10) days' written notice, and in that case you will receive a full refund for any products not delivered.

22. Governing Law

The Website and these Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without giving effect to any choice or conflict of law provision or rule. Subject to Section 23, any legal action or proceeding arising out of or relating to the Website or these Terms and Conditions shall be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of those courts and waives any objection to their jurisdiction or venue. Nothing in this section removes any right you have under consumer protection law to bring a claim in the courts of your own province, territory or state.

23. Waiver of Recourse to the Courts and Binding Arbitration

(a) Except where applicable consumer protection law gives you the right to bring a claim in court or to take part in a class proceeding, and to the extent permitted by law, you and Roo & You Inc. agree that any claim, dispute or controversy, whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims, arising from or relating in any way to the purchase of products or services through the Website, will be resolved exclusively and finally by binding arbitration. The arbitration will be administered by a recognized arbitration institution in Ontario selected by Roo & You Inc. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, and may grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator will be final and binding on each party and may be entered as a judgment in any court of competent jurisdiction.

(b) If any part of this arbitration provision is found to be unenforceable, the unenforceable part will be severed and the remaining arbitration terms will be enforced.

24. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW. THIS SECTION DOES NOT LIMIT THE LIMITED WARRANTY ON PRODUCTS IN SECTION 16. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT, OR THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We cannot and do not guarantee or warrant that files or data available for downloading from the Website will be free of viruses or other destructive code. You are solely responsible for your use of the Website and for your computer, internet and data security. To the extent permitted by law, we will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, or by viruses, trojan horses, worms, logic bombs or other technologically harmful material that may infect your equipment, programs, data or other material due to your use of the Website or any content or services obtained through it.

25. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.

26. No Waivers

Our failure or delay to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision. A waiver is effective only if it is in writing and signed by a duly authorized representative of Roo & You Inc.

27. No Third-Party Beneficiaries

These Terms and Conditions do not and are not intended to confer any rights or remedies on any person or entity other than you.

28. Notices

(a) To you. We may provide notice to you by email to the email address you provide, or by posting to the Website. Notices sent by email are effective when we send the email, and notices we post are effective upon posting. It is your responsibility to keep your email address current.

(b) To us. To give us notice, you must contact us by email at support@rooandyou.ca, or by personal delivery, overnight courier, or registered or certified mail to Roo & You Inc., 489 Newbold St London, ON N6E 1K4 Canada. We may update the address for notices to us by posting a notice on the Website. Notices by personal delivery are effective immediately. Notices by email or overnight courier are effective one business day after they are sent. Notices by registered or certified mail are effective three business days after they are sent.

29. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, void or unenforceable, that provision will be deemed severed and will not affect the validity and enforceability of the remaining provisions.

30. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Refund Policy, Shipping Policy and any other terms posted on the Website, constitute the sole and entire agreement between you and Roo & You Inc. regarding the Website and your purchases, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

31. Reporting and Contact

This Website is operated by Roo & You Inc. of London, Ontario.

Copyright infringement notices and reports of misuse of the Website, including libellous or defamatory conduct, should be sent to business@rooandyou.ca.

All other feedback, comments, requests for technical support and other communications relating to the Website should be sent to support@rooandyou.ca.