Terms of service

OVERVIEW

Welcome to Lunease. The terms "we", "us" and "our" refer to Lunease. Lunease operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Lunease is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as product safety, warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — WHERE WE SELL

We currently sell and ship only to delivery addresses in Canada and the United States. We do not offer the Services for, and do not accept orders for delivery to, any other country or territory, including the European Union, the European Economic Area, the United Kingdom, and Switzerland.

If you access the Services from outside Canada or the United States, you do so on your own initiative and are solely responsible for compliance with the laws of your location. We make no representation that our products are appropriate, certified, or available for use outside Canada and the United States.

We reserve the right to limit or refuse sales to any person, household, geographic region or jurisdiction at our sole discretion.

SECTION 3 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

We do not warrant that the appearance or quality of any product purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 4 — PRODUCT SAFETY AND ASSUMPTION OF RISK

Our products include heated devices. Heat-producing products carry inherent risks, including the risk of burns, blistering, skin irritation, and overheating. By purchasing and using any Lunease product, you acknowledge and voluntarily accept these risks.

You agree that you will:

  • read and follow all instructions and warnings supplied with the product and published on the product page before first use;
  • begin on the lowest heat setting and increase only if comfortable;
  • not sleep while wearing or using a heated product, and not leave it operating unattended;
  • not use the product under blankets, bedding, or other insulating coverings;
  • not use the product on broken, irritated, sunburned, or recently injured skin;
  • not use the product if you have reduced sensitivity to heat, impaired circulation, diabetes-related nerve damage, or any other condition that may prevent you from feeling heat normally;
  • not permit children, or any person who cannot remove the product without assistance, to use the product;
  • discontinue use immediately if the product feels uncomfortably hot, or if your skin becomes red, sore, or irritated;
  • power the product only from a USB power source that complies with the applicable electrical safety standards in your country;
  • inspect the product and its cable before each use and stop using it if either is damaged; and
  • consult a qualified healthcare professional before use if you are pregnant, managing a medical condition, or taking medication that may affect skin sensitivity or circulation.

You assume all risk arising from your use of the product, including any use that departs from the instructions and warnings provided. This section does not limit any liability that cannot be limited under applicable law — see Section 21.

SECTION 5 — NOT A MEDICAL DEVICE

Lunease products are consumer comfort and relaxation products. They are not medical devices. They are not licensed, registered, cleared, or approved as medical devices by Health Canada, the United States Food and Drug Administration, or any other regulatory authority, and they are not intended to diagnose, treat, cure, mitigate, or prevent any disease, condition, or symptom.

Nothing on our website, in our marketing, in our product descriptions, or in any communication from us constitutes medical advice. Any statement describing warmth, comfort, or relaxation refers to the general sensory experience of using the product and is not a claim of therapeutic, clinical, or medical benefit.

You should not use our products as a substitute for professional medical care, and you should not delay seeking care because of anything you read on our Services. If you are experiencing pain or any medical symptom, consult a qualified healthcare professional.

SECTION 6 — ORDERS

When you place an order, you are making an offer to purchase. Lunease reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Lunease confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Lunease may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 7 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Our store currency is Canadian Dollars (CAD). If you are shopping from outside Canada, the amount charged by your bank or card issuer may differ slightly from the displayed price due to exchange rates and any foreign transaction fees applied by your provider. We do not control and are not responsible for those rates or fees.

We may offer, from time to time, promotions that affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account and other information, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment card information you provide is true, correct, and complete, (ii) you are duly authorized to use such card for the purchase, (iii) charges incurred by you will be honoured by your card issuer, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 8 — SHIPPING, DELIVERY, CUSTOMS AND DUTIES

Products are shipped by our fulfilment partners, who may be located outside Canada and the United States. As a result, delivery may take significantly longer than domestic shipping.

All delivery times shown are estimates only and are not guaranteed. We are not liable for shipping or delivery delays, including delays caused by shipping carriers, customs processing, weather, or any other event outside our reasonable control. Once we transfer products to the carrier, title and risk of loss pass to you.

Customs, duties and import taxes. Where an order crosses an international border, you are the importer of record. Any customs duties, import taxes, brokerage fees or similar charges assessed by the destination country are your responsibility and are not included in the price you pay us. We have no control over these charges and cannot predict their amount. If a package is refused or abandoned at customs, any resulting costs may be deducted from a refund.

Address accuracy. You are responsible for providing a complete and accurate delivery address. We are not responsible for orders delivered to, or lost as a result of, an incorrect or incomplete address supplied by you.

SECTION 9 — RETURNS AND REFUNDS

Returns, refunds, exchanges and defective-item claims are governed exclusively by our Refund Policy, which forms part of these Terms. Please read it before placing an order.

SECTION 10 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Lunease, its affiliates or licensors and are protected by Canadian, United States and foreign copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Lunease, Shopify or any third party. Unauthorized use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by Lunease.

Lunease's names, logos, product names, designs, and slogans are trademarks of Lunease or its affiliates or licensors. You must not use such trademarks without the prior written permission of Lunease. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 11 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 12 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 13 — RELATIONSHIP WITH SHOPIFY

Lunease is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Lunease. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Lunease, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Lunease.

SECTION 14 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 15 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 16 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order. Where an order is cancelled for this reason after payment, we will refund the amount you paid in full.

SECTION 17 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local laws, rules, regulations or ordinances; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Lunease, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tool, automatic device or process, AI tool (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 18 — AGENTS

18.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

18.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 18.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

18.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

18.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 19 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Product Safety and Assumption of Risk, Not a Medical Device, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 20 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY LUNEASE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of implied warranties or conditions. In particular, if you are a consumer in Ontario, the Consumer Protection Act, 2002 (Ontario) deems certain warranties to apply to consumer transactions and those warranties cannot be waived. Where such laws apply, the exclusions above apply only to the maximum extent permitted, and nothing in these Terms is intended to remove a right you have under mandatory consumer protection legislation.

SECTION 21 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL LUNEASE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, 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, EVEN IF ADVISED OF THEIR POSSIBILITY.

WHERE LIABILITY CANNOT LAWFULLY BE EXCLUDED, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law, including the Consumer Protection Act, 2002(Ontario). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitations above may not apply to you in full.

SECTION 22 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lunease, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 23 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 24 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 25 — ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 26 — GOVERNING LAW AND DISPUTES

These Terms of Service and any separate agreements whereby we provide you Services 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. You and Lunease irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for the resolution of any dispute arising out of or relating to these Terms or the Services.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

If you are a consumer resident in a jurisdiction whose laws grant you the right to bring proceedings in your local courts, or grant you the benefit of mandatory consumer protection provisions that cannot be derogated from by agreement, nothing in this section deprives you of those rights.

SECTION 27 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 28 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 29 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@shoplunease.com.

Our contact information is posted below:

Lunease
Email: support@shoplunease.com
M9M1X3, Toronto
Ontario, Canada