Legal General Conditions
Please review these Terms of Use prior to using the roomerator.com websites and associated services (the “Services”), as you are deemed to accept and be bound by these Terms of Use in accessing any of the Services. Roomerator Inc. ("Roomerator") reserves the right to change these Terms of Use, in whole or in part, at any time without notice. Accordingly, you should always review this page prior to accessing any of the Services in order to ensure that you have an understanding of the current terms of use under which you are permitted access to this website. Should you disagree in any manner with these Terms of Use, you are required to immediately discontinue your use of the Services.
Registration
When registering for an account, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the website; and (c) all activities that occur under such password(s) or account(s). Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware of. Roomerator’s shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us.
Placing an Order
All dollar amounts on the website are in Canadian dollars. By completing the checkout and submitting an order through roomerator.com, you are agreeing to pay, in full, the prices of the items selected and all applicable taxes, either by credit card or other permitted payment method. In order to complete an order, you may be required to provide certain additional information that is required to process your order. If you do not complete or improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of payment at any time. During the authorization process when you submit your order, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be prepared for delivery. If you fail to pay any fees or charges when due, we reserve the right to charge such amount directly to the credit card as provided by you at the time you submitted your order. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you.
You may cancel your order or modify the order (including adding or removing products, changing quantities, or changing order delivery details) via the website or mobile app up until the day prior to the delivery date selected (the “Cut-off time”). If an order is cancelled after the Cutoff Time, Roomerator’s reserves the right to charge a cancellation fee of $25 for all cancellations by the customer. If you try to make any modifications after the Cutoff Time, we cannot guarantee that the modification will be made prior to delivery date.
Intended Use & Restrictions
The material on the roomerator.com websites and associated services is owned or licensed by Roomerator’s and is intended to be viewed by users in Ontario only. As the websites are business and commercial sites, access to the websites is not intended for use and may not be legally accessed by persons under the age of sixteen (16) years old. Roomerator’s makes no claim that the information located on the roomerator.com websites is appropriate for or may be downloaded legally by users from outside of Ontario. Subject to the Roomerator’s Privacy Policy that restricts the use of personal data, any material, information or ideas that you as a user transmit or post on the roomerator.com or roomerator.com websites by any means whatsoever will be treated as non-confidential and non-proprietary, and may be disseminated or used by Roomerator’s for any purpose it deems appropriate. Users accessing the Services are advised that it is prohibited to post or transmit on or via the Services any unlawful, threatening, libelous, defamatory, scandalous, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense or violation of any law.
Termination by Roomerator
We may close your account at any time in our sole discretion and without notice to you. While we always want to promote a great shopping experience at Roomerator, this means we can close (or suspend) your account if we believe you are using the Roomerator Sites in a manner not intended by us, or in a way that circumvents these Terms of Use, or is contrary to the spirit of any activity on the Roomerator Sites (like a promotion or contest). In no case will Roomerator’s closure of your account, or reduction of your access to the Roomerator Sites, waive or affect any other right or relief to which Roomerator may be entitled.
Site Analytics & Session Recording
To find and fix problems on the roomerator.com websites and to make them easier to use, Roomerator uses analytics services, including a session recording service provided by FullStory, Inc. (“FullStory”). If you choose “Accept all” in the cookie notice, FullStory records how you use the websites during your visit: the pages you view, where you click, tap and scroll, what you type into forms, and technical details about your device and browser. Passwords are not recorded, and payment card details are entered in fields operated by our payment processor that the recording cannot read.
No recording is made if you choose “Essential only”, and you may withdraw your permission at any time from “Cookie settings” at the bottom of every page or on the Privacy Notice page. By choosing “Accept all” you consent to this recording and to FullStory processing it on Roomerator’s behalf, which may take place outside Canada. The Roomerator Privacy Notice describes what is collected and how it is used, and forms part of these Terms of Use.
Returns & Refunds
Returns picked up by Roomerator
Returns that Roomerator picks up from your site are subject to a service fee of 25% of the value of the returned items or a $100 pickup charge, whichever is greater.
Returns brought to our warehouse
Items returned to our warehouse (“The Pen”, 1704 Meyerside Dr #9, Mississauga, ON L5T 1A3) are accepted with no restocking fee, provided they are in good, resaleable condition and in their original packaging, with all parts and accessories included.
Roomerator may refuse a return, or charge for its condition, if items are damaged, used, incomplete or not in their original packaging.
Copyright
Roomerator’s or the entity from which Roomerator’s licenses copyrighted material is the copyright owner of the website design, text and graphics, and the selection and arrangement of such elements as part of the Services. Any reproduction, distribution, republication, posting, or transmission of the Services in any form or by any means without the express prior written approval of Roomerator’s and/or the licensee is strictly prohibited. Roomerator’s grants to you as a user of the Services permission to lawfully access and use the services available on the roomerator.com or roomerator.com website(s) and to download, archive and print in hard copy, portions of the website(s) for personal use only, provided that you do not modify the materials and that you retain all proprietary notices contained in the materials on such downloaded, archived or printed materials. Users are strictly prohibited from selling any downloaded, archived or printed portions of the website(s) viewed. Roomerator’s permission to you terminates automatically, without any need of notification of such termination, if you breach any of these Terms of Use.
Trademarks
“Roomerator” and the roomerator.com domain name, the logos, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress owned by Roomerator’s. In addition, there are numerous other trademarks, product names, company names, logo service marks, and/or trade dress indicated on the websites that are the property of their respective owners and are displayed by Roomerator’s under license therefrom. You are prohibited from using any trademarked materials without the express prior written permission of Roomerator’s and/or the licensor.
Warranties Related to the use of the Website & Service
Subject to the Roomerator’s the information, materials and services contained on the roomerator.com sites, including but not limited to, the graphics, links and other items, are being provided to you on an "as is” and “as available” basis with no warranty. Roomerator’s does not warrant or guarantee the accuracy, adequacy or completeness of this information and materials, and expressly disclaims liability for any errors and/or omissions in this information and materials. To the maximum extent permitted by law, Roomerator’s disclaims all representations and warranties of any kind, whether expressed, implied or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. As well, Roomerator does not warrant, guarantee or make any representations whatsoever regarding the security of accounts, or that this site is free from destructive materials including, but not limited to, computer viruses, hackers, or other technical sabotage. Further, Roomerator does not warrant, guarantee or make any representations that access to the roomerator.com websites will be fully accessible, current and/or accurate at all times, uninterrupted, or error-free. You acknowledge and accept that your use of the websites is at your sole and entire risk.
Items listed on the roomerator.com websites may not be available or in-stock at all times for purchase on the website(s) or at all stores. Roomerator’s reserves the right to correct, at any time, any pricing errors on the website(s) or in Roomerator’s stores. While the websites are updated regularly, prices, selection and availability, including the availability of promotional offers, may vary and are subject to change without notice. Roomerator’s will not be responsible for any loss or damages arising from such updates or changes. Without limiting the generality of the forgoing, Roomerator’s disclaims any and all warranties and conditions express or otherwise for, nor shall Roomerator’s be held responsible for the quality of, any merchandise displayed on the roomerator.com websites.
Promotions
We may make various promotional offers from time to time on roomerator.com. Some offers may be informational, web-based only and not available as an in-store offer or promotion. Not all offers and/or promotions available in store may be available on the website. We ask that you review the guidelines associated with each special offer, as they will differ. If you redeem any coupon, Thank You Rewards points or gift cards, this will be reflected at checkout and is subject to validation and any redemption requirements. Manufacturers’ coupons and warranties are the responsibility of the individual manufactures. Coupons offered by the manufacturers may each have relevant information about the duration and limitations of the coupon. For any of our coupons, in the event we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate altogether the coupon or offer.
We may also offer our customers the opportunity to participate in contests, sweepstakes or other promotions as decided by us. In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with the particular promotion to determine your eligibility and any participation requirements.
Indemnification
By accessing any of the Services, you agree to defend, indemnify and hold Roomerator’s harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.
Limitations of Liability
By accessing any of the Services, you acknowledge, accept and agree that in no event shall Roomerator’s be liable for any damages, including without limitation any and all direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, howsoever caused and under any theory of liability arising out of or in connection with (1) the use of the roomerator.com or roomerator.com site or the inability to use these sites by any party; (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; and/or (3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if Roomerator’s, its employees or representatives thereof, are advised of the possibility or likelihood of such damages, losses or expenses.
General Terms
Roomerator’s reserves the right to correct any inaccuracies or typographical errors in the information posted on the roomerator.com or roomerator.com website, and shall have no liability for such errors. Information may be changed or updated without notice and prices and availability of goods and services are subject to change without notice. In the event that any provision(s) contained within these Terms of Use is/are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of these Terms of Use, and these Terms of Use shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had not been included in these Terms of Use. Roomerator failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any term, provision, right or obligation. Roomerator is committed to making the roomerator.com websites accessible to everyone, in keeping with the Accessibility for Ontarians with Disabilities Act (AODA), and works to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty using any part of the websites, please contact us at support@roomerator.com and we will help. These Terms of Use constitutes the entire agreement between Roomerator’s and you and govern your use of the Services, superseding any prior agreements between Roomerator’s and you (including, but not limited to, any prior versions of the Terms of Use).
Account Holders
The Account Holder hereby guarantees to Roomerator the payment of all monies which are now or which shall at any time hereinafter be due to Roomerator from the Account Holder and also payment of all debts, obligations, notes or acceptances (“Debts”) which may, at any time, be given or owing to Roomerator by the Account Holder. This Guarantee shall be a continuing Guarantee to secure whatever balance is now or may hereafter be due by the Account Holder to Roomerator in respect of any such Debts plus all costs of recovery on a full indemnity basis. This Guarantee is unlimited. Where more than one Guarantor has executed this Guarantee, their liability shall be joint and several.
Roomerator shall have the right at any time to refuse further credit to the Account Holder, to change any credit terms in accordance with any credit agreement, to release any collateral or other securities, to extend the time for payment to it or to any other person liable upon collateral or other security which Roomerator may at any time hold, or to compromise or compound with the Account Holder without notice to and without discharging or affecting the Guarantor's liability. Roomerator has urged Guarantor to obtain independent legal advice prior to executing this Guarantee and the Guarantor has either obtained such independent legal advice or has chosen not to obtain such advice despite such urging.
Guarantor consents to the obtaining of such information as may be required from time to time in connection with the credit applied for or for any renewal or extension thereof and to the disclosure of any credit information to any credit reporting agency or person with whom the undersigned has financial relations. Guarantor understands and agrees that no credit will be given unless the credit application has been approved. On approved accounts, all invoices must be paid within specified time from the date the invoice was issued. All late payments shall be subject to interest charges of 1% per month (12% per annum). Guarantor agrees to advise Roomerator immediately of any changes to address and phone numbers as well as to any financial changes that may cause delay in monthly payments. Guarantor understands and agrees that if Guarantor sends notice to Roomerator that Guarantor is refusing to guarantee any further debts of Account Holder that Roomerator may forthwith require payment of all Debts at once and that no further credit will be extended to Account Holder at Roomerator’s sole option and that Guarantor will remain fully liable under this Guarantee with respect to Debts incurred by Account Holder whether before or after delivery of such notice.