Website Terms and Conditions

WEBSITE TERMS AND CONDITIONS

Effective Date:  2026-06-10

These Website Terms and Conditions (the "Terms") govern your access to and use of the website operated by [Owner Legal Name] operating as Oak & Marrow ("Oak & Marrow", "we", "us", or "our"), a sole proprietorship located in the Province of Ontario, Canada. By accessing or using our website, placing an order, or purchasing any products, you ("Customer", "you", or "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or purchase any products.

Definitions and Interpretation

Definitions

In these Terms, the following words and expressions shall have the following meanings:

"Content" means all text, images, graphics, illustrations, designs, photographs, artwork, and other creative materials available on or through the Website.

"Customer" means any individual or entity that accesses the Website, creates an account, or purchases Products.

"Intellectual Property Rights" means all copyright, moral rights, trade-marks, trade names, design rights, rights in get-up, patents, inventions, goodwill, rights to sue for passing off, database rights, rights in confidential information, and any other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world.

"Licence" means the limited, non-exclusive, non-transferable licence granted to the Customer under Clause 6.2 of these Terms.

"Materials" means all artwork, creative media, designs, flyers, brochures, digital files, and other products or deliverables made available for purchase through the Website.

"Products" means all goods, Materials, and services offered for sale through the Website.

"Purchase Price" means the total amount paid by the Customer for a specific Product, excluding taxes and shipping costs.

"Website" means the website operated by Oak & Marrow at which these Terms are posted.

Interpretation

In these Terms:

references to clauses are to clauses of these Terms;

headings are for convenience only and shall not affect interpretation;

words in the singular include the plural and vice versa;

a reference to a statute or statutory provision includes any subordinate legislation made under it and any amendment, re-enactment, or replacement of it from time to time; and

references to "writing" or "written" include email.

Acceptance of Terms

By accessing the Website, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (as referenced in Clause 10).

Oak & Marrow reserves the right to modify these Terms at any time. Updated Terms will be posted on the Website with a revised effective date. Your continued use of the Website following any changes constitutes acceptance of the modified Terms.

It is your responsibility to review these Terms periodically for changes. If you do not agree with any modifications, you must discontinue use of the Website immediately.

Products and Orders

Product Descriptions

Oak & Marrow makes reasonable efforts to ensure that all Product descriptions, images, and pricing on the Website are accurate. However, we do not warrant that Product descriptions or other Content on the Website are error-free, complete, or current. Colours may appear differently on screen than in print or physical form due to monitor settings and printing processes.

Order Acceptance

All orders placed through the Website are subject to acceptance by Oak & Marrow. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or Product information, or suspected fraudulent activity. If your order is cancelled after payment has been processed, you will receive a full refund of the Purchase Price.

Pricing and Payment

All prices are listed in Canadian dollars unless otherwise stated. Applicable taxes and shipping charges will be added at checkout. Payment must be made in full at the time of purchase using the payment methods accepted on the Website. Oak & Marrow is not responsible for any fees charged by your payment provider.

All Sales Final and Refund Policy

ALL SALES ARE FINAL. Except as expressly required by applicable law, all purchases of Products are non-refundable, non-returnable, and non-exchangeable. By completing a purchase, you acknowledge and agree that you will not be entitled to a refund, return, or exchange.

Nothing in this Clause 4 excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Ontario Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A (the "CPA"), or any other applicable consumer protection legislation that cannot be lawfully excluded or modified. In particular, nothing in these Terms limits or excludes any statutory rights you may have under sections 9, 14 to 17, and 38 to 43 of the CPA, including but not limited to your rights regarding:

unfair practices and unconscionable consumer representations;

the right to rescind certain agreements as provided under the CPA; and

statutory cooling-off periods where applicable.

To the extent that any statutory right under the CPA or other applicable legislation entitles you to a refund, return, or remedy that conflicts with this Clause 4, the statutory right shall prevail, but only to the minimum extent required by law.

Limitation of Liability

Liability Cap

To the maximum extent permitted by applicable law, the total aggregate liability of Oak & Marrow to you for all claims arising out of or in connection with these Terms, the Website, or any Product, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Purchase Price paid by you for the specific Product giving rise to the claim.

Exclusion of Indirect and Consequential Damages

To the maximum extent permitted by applicable law, Oak & Marrow shall not be liable for any:

indirect, incidental, special, or consequential damages;

loss of profits, revenue, business, or anticipated savings;

loss of data or goodwill;

business interruption; or

any other losses that are not reasonably foreseeable,

arising out of or in connection with these Terms, the Website, or any Product, even if Oak & Marrow has been advised of the possibility of such damages.

Exceptions

Nothing in these Terms excludes or limits liability for:

death or personal injury caused by negligence;

fraud or fraudulent misrepresentation; or

any liability that cannot be excluded or limited under the laws of the Province of Ontario or the federal laws of Canada applicable therein.

Intellectual Property Rights

Ownership

All Intellectual Property Rights in and to the Website, Content, and Materials are and shall remain the exclusive property of Oak & Marrow (or its licensors, where applicable). No purchase of any Product transfers any ownership of or Intellectual Property Rights in the underlying artwork, design, or creative materials to the Customer. All rights not expressly granted to you under these Terms are reserved by Oak & Marrow.

Limited Licence

Upon purchase of a Product, Oak & Marrow grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the purchased Materials solely for their intended purpose as described in the applicable Product listing. This Licence does not include the right to:

reproduce, modify, adapt, or create derivative works from the Materials except as necessary for their intended use;

resell, redistribute, sublicence, or make the Materials available to any third party for commercial gain;

remove, alter, or obscure any copyright notices, watermarks, or proprietary markings on the Materials;

use the Materials in any manner that infringes or misappropriates the rights of Oak & Marrow or any third party; or

claim ownership of, or register any Intellectual Property Rights in, the Materials or any derivative works thereof.

Copyright Notice

All Materials are protected by Canadian copyright law (Copyright Act, R.S.C., 1985, c. C-42) and international copyright treaties. Unauthorized reproduction, distribution, or use of the Materials may result in civil and criminal penalties.

Licence Revocation

Oak & Marrow reserves the right to revoke the Licence granted under Clause 6.2 if the Customer breaches any of the terms and conditions set out therein. Upon revocation, the Customer must immediately cease all use of the applicable Materials.

Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution proceedings, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Products (a "Dispute") informally by contacting Oak & Marrow at the contact information provided in Clause 13. The parties shall use good faith efforts to resolve the Dispute within thirty (30) days of the initial notice.

Binding Arbitration

If a Dispute cannot be resolved informally within the period specified in Clause 7.1, the Dispute shall be finally resolved by binding arbitration administered in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17 (the "Arbitration Act"). The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or, failing agreement within fifteen (15) days, appointed in accordance with the Arbitration Act. The seat of the arbitration shall be in the Province of Ontario. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Costs of Arbitration

Each party shall bear its own costs and expenses in connection with the arbitration, and the fees and expenses of the arbitrator shall be shared equally between the parties, unless the arbitrator determines that a different allocation is appropriate in the circumstances.

Consumer Arbitration Acknowledgment

You acknowledge that Ontario courts may scrutinize arbitration clauses in consumer contracts for fairness and enforceability. In particular, you are made aware that:

the Supreme Court of Canada, in Uber Technologies Inc. v. Heller, 2020 SCC 16, held that arbitration clauses in standard form contracts may be found unconscionable where they impose disproportionate costs or barriers on the weaker party;

section 7(2) of the CPA provides that any term or acknowledgment in a consumer agreement is not binding on the consumer if it is deemed to be unfair or unconscionable; and

if any provision of this Clause 7 is found by a court of competent jurisdiction to be unconscionable, unenforceable, or contrary to the CPA or other applicable law, that provision shall be severed and the remaining provisions of this Clause 7 shall continue in full force and effect to the extent permitted by law.

Oak & Marrow has structured this arbitration clause to be fair, accessible, and proportionate to the nature and value of consumer disputes. The arbitration is conducted in Ontario, in English, with costs shared equally (subject to the arbitrator's discretion), and no unreasonable financial or procedural barriers are imposed.

Class Action Waiver

To the maximum extent permitted by applicable law, you agree that any Dispute shall be resolved on an individual basis only, and you waive any right to participate in any class action, collective action, or representative proceeding. You acknowledge that the enforceability of class action waivers in Ontario may be subject to review under the Class Proceedings Act, 1992, S.O. 1992, c. 6, and that a court may decline to enforce this waiver if it determines that a class proceeding is the preferable procedure for the resolution of the Dispute. If this class action waiver is found to be unenforceable with respect to a particular Dispute, that Dispute shall proceed in court and shall not be subject to arbitration.

Website Acceptable Use

Account Creation

You may be required to create an account to access certain features of the Website or to make purchases. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Oak & Marrow immediately of any unauthorized use of your account.

Accuracy of Information

You agree to provide accurate, current, and complete information when creating an account or placing an order, and to update such information as necessary to keep it accurate and complete.

Prohibited Conduct

You agree not to:

use the Website for any unlawful purpose or in violation of any applicable law or regulation;

attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website;

interfere with or disrupt the operation of the Website, including by introducing viruses, worms, or other malicious code;

use any automated means, including robots, scrapers, or spiders, to access the Website or collect information from the Website without our prior written consent;

impersonate any person or entity or misrepresent your affiliation with any person or entity;

use the Website to transmit unsolicited commercial communications (spam);

copy, reproduce, modify, or distribute any Content from the Website without the prior written consent of Oak & Marrow; or

engage in any conduct that restricts or inhibits any other person from using or enjoying the Website.

Termination of Access

Oak & Marrow reserves the right to suspend or terminate your access to the Website at any time, without notice, for any conduct that Oak & Marrow, in its sole discretion, believes violates these Terms, is harmful to other users, or is otherwise objectionable.

Disclaimers

"As Is" Basis

To the maximum extent permitted by applicable law, the Website, Content, and Products are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

No Warranty

Oak & Marrow does not warrant that:

the Website will be available at all times or without interruption;

the Website will be free from errors, viruses, or other harmful components;

the results obtained from the use of the Website or Products will be accurate or reliable; or

any Products will meet your specific requirements or expectations beyond what is described in the applicable Product listing.

Statutory Rights

Nothing in this Clause 9 is intended to limit any rights you may have under the CPA or other applicable consumer protection legislation that cannot be lawfully excluded.

Privacy

Oak & Marrow collects, uses, and discloses personal information in accordance with its Privacy Policy, which is available on the Website and is incorporated into these Terms by reference.

Oak & Marrow is committed to complying with the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 ("PIPEDA"), and any applicable provincial privacy legislation, in its collection, use, and disclosure of personal information.

By using the Website, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy and applicable law.

Governing Law and Jurisdiction

These Terms and any Dispute arising out of or in connection with them 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 regard to conflict of law principles.

Subject to Clause 7, any legal proceedings relating to these Terms shall be brought exclusively in the courts of the Province of Ontario, and you irrevocably submit to the exclusive jurisdiction of such courts.

General Provisions

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by Oak & Marrow on the Website, constitute the entire agreement between you and Oak & Marrow with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and understandings, whether oral or written.

Amendment

Oak & Marrow reserves the right to amend, modify, or update these Terms at any time in its sole discretion. Any amendments will be effective upon posting of the revised Terms on the Website. We will use commercially reasonable efforts to notify you of material changes, but it is your responsibility to review these Terms periodically. Your continued use of the Website after any amendment constitutes your acceptance of the amended Terms.

Waiver

No failure or delay by Oak & Marrow in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of Oak & Marrow. Oak & Marrow may assign or transfer its rights and obligations under these Terms without restriction.

Force Majeure

Oak & Marrow shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labour disputes, government actions, power failures, internet or telecommunications failures, or disruptions to supply chains.

Contact Information

If you have any questions about these Terms, wish to report a concern, or need to contact Oak & Marrow for any reason, please reach out to us at:

Bernedette Hood operating as Oak & Marrow

117 Victoria St W, Wingham, ON, N0G 2W0

Bernedettehood@gmail.com

519=868-4663