Waffle Hau5 Terms of Service

Effective date: September 18, 2026

These Terms of Service (the “Terms”) govern your access to and use of www.wafflehau5.com and any related pages, features, content, products and services (collectively, the “Services”).

The Services are operated by Waffle Haus Inc., carrying on business as Waffle Hau5 (“Waffle Hau5,” “we,” “us” or “our”). Our online store is hosted by Shopify Inc. and its service providers.

By accessing or using the Services, creating an account, or placing an order, you agree to these Terms and to the policies incorporated into them, including our [Privacy Policy], [Refund Policy] and [Shipping Policy]. If you do not agree, do not use the Services.

Nothing in these Terms limits any non-waivable right or remedy you have under applicable consumer-protection, privacy or other laws. If these Terms conflict with a mandatory law that applies to you, that law prevails to the extent of the conflict.

1. Eligibility and accounts

You must be at least the age of majority where you live to make a purchase or create an account. A parent or legal guardian may permit a minor to browse the Services on a device they own or control, but purchases must be made or authorized by a person legally capable of entering into a contract.

You agree to provide accurate, current and complete information and to update it when necessary. You are responsible for safeguarding your login credentials and for activity under your account. Notify us promptly at shopwafflehaus@gmail.com if you suspect unauthorized use. You may not sell, transfer or assign your account.

2. Products and availability

We try to display product descriptions, measurements, colours and images as accurately as reasonably possible. Colours and appearance may vary because of lighting, photography, manufacturing variation, screen settings and device type. Measurements are approximate unless we state otherwise.

Products, prices and availability may change, and we may discontinue products or limit quantities or sales by person, household, order, geographic region or jurisdiction where reasonably necessary. We do not promise that every product shown will always be available.

Any care, fit or sizing information is general guidance. Please review the product description and size information before ordering.

3. Orders and contract formation

Submitting an order is an offer to purchase. An automated order acknowledgement confirms only that we received your order; it does not necessarily mean that we accepted it. A binding sales contract is formed when we send an order-confirmation or fulfilment notice indicating acceptance, subject to applicable law.

Before submitting an order, you will have an opportunity to review and correct your cart, shipping information and other order details. Please review them carefully. We may be unable to change or cancel an order after acceptance or once processing begins.

We may reject, limit or cancel an order for legitimate reasons, including product unavailability, suspected fraud, payment problems, pricing or description errors, purchase-limit violations, or legal or shipping restrictions. If we cancel after payment, we will refund the amount charged for the cancelled portion to the original payment method, unless applicable law requires otherwise. We will try to contact you using the information supplied with the order.

Products are sold for personal or household use unless we agree otherwise in writing. You may not purchase products for unauthorized resale, commercial export or other fraudulent or unlawful activity.

Ontario consumers and other consumers may have statutory cancellation or other rights for online agreements. Nothing in these Terms removes those rights.

4. Prices, taxes and payment

Unless clearly stated otherwise, prices displayed on the Canadian storefront are in Canadian dollars. Prices may change without notice, but changes will not affect an order already accepted except where permitted by law.

Applicable sales taxes and any shipping charges will be displayed before you submit your order. For international orders, customs duties, import taxes, brokerage fees and similar government or carrier charges may apply. Unless checkout expressly states that these charges are included, they are not included in our price and are the customer’s responsibility. Your local customs authority can provide further information.

We aim to display attainable prices and will not intentionally hide mandatory non-government charges. Promotions may have separate terms. If promotion terms conflict with these Terms, the promotion terms control for that promotion.

You authorize us and our payment processors to charge the payment method you provide for the total shown at checkout. You represent that you are authorized to use that payment method. Payment information is processed by third-party payment providers and may be subject to their terms.

If we discover a material pricing or product-information error, we may correct it and, where permitted by law, cancel the affected order and issue a refund. We will not substitute a higher price without your agreement.

5. Shipping, delivery and international orders

Shipping and delivery dates are estimates unless we expressly guarantee a date in writing. Delays may occur because of carriers, customs, weather, labour disruptions, high order volumes or events beyond our reasonable control. Your rights regarding late or non-delivery under applicable law remain unaffected.

You are responsible for providing a complete and accurate delivery address and for promptly responding to carrier or customs requests. Additional costs caused by an incorrect address, refused delivery or failure to collect a shipment may be charged or deducted from a refund where permitted by law and disclosed in our Shipping or Refund Policy.

For consumer orders, risk of loss or damage passes to you when the products are delivered to you or to a person you designate to receive them, except where applicable law provides otherwise. If you independently arrange a carrier that we did not offer, risk may pass when the goods are handed to that carrier, to the extent permitted by law. Title passes on delivery and full payment, whichever occurs later, unless applicable law requires otherwise.

International customers are responsible for ensuring that products may lawfully be imported, possessed and used in their destination country. We may decline or cancel orders to locations we cannot legally or reasonably serve. Cross-border deliveries may be opened or inspected by customs authorities.

6. Returns, exchanges and statutory rights

Returns, exchanges and refunds are governed by our [Refund Policy], which forms part of these Terms. The Refund Policy is in addition to, and does not replace, any mandatory rights or remedies available under applicable consumer law, including rights relating to defective, misdescribed, unsafe, late or undelivered products and any applicable cooling-off or cancellation rights.

7. Gift cards and promotions

Gift cards, discount codes, contests, giveaways and promotions may be subject to additional terms presented when they are offered. Gift cards are not redeemable for cash except where required by law. Any expiry date or fee will apply only where permitted by applicable law. Discount codes may not be copied, sold or used fraudulently and may be limited or withdrawn where misuse is reasonably suspected.

8. Intellectual property

The Services and their content—including our brand names, logos, product names, designs, photographs, video, audio, graphics, text, software, layout and look and feel—are owned by or licensed to Waffle Hau5 and are protected by Canadian and international intellectual-property laws.

We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for personal, lawful and non-commercial purposes. Except as permitted by law or with our prior written consent, you may not reproduce, modify, distribute, sell, license, publicly display, publish, scrape, systematically extract, reverse engineer or create derivative works from the Services or their content.

“Waffle Hau5,” our logos and our product or service names and slogans are trademarks or trade indicia of Waffle Hau5 or its licensors. Shopify names and marks belong to Shopify. Other marks belong to their respective owners. No licence to use any mark is granted except as expressly stated.

9. Reviews, feedback and user content

If you submit a review, photograph, comment, suggestion or other content (“User Content”), you retain ownership of your content but grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, reproduce, adapt, publish, translate, distribute and display it in any media for operating, improving and promoting Waffle Hau5 and the Services. This licence continues for as long as reasonably necessary for those purposes, subject to applicable privacy and consumer laws. You may contact us about removing User Content, although removal may not be possible from completed print materials, lawful records or content already shared by others.

You represent that you have the rights needed to submit the User Content; that it is accurate to the best of your knowledge; that you have disclosed any material connection, incentive or compensation; and that it does not violate any law or another person’s intellectual-property, privacy, publicity or other rights.

We may moderate or remove User Content that we reasonably believe violates these Terms or applicable law. We are not responsible for opinions expressed by users.

10. Acceptable use

You must not use the Services to:

• violate any law or another person’s rights;

• submit false, fraudulent, defamatory, abusive, obscene, discriminatory or misleading material;

• impersonate another person or misrepresent your identity or affiliation;

• transmit malware, harmful code, spam, phishing messages or unauthorized advertising;

• interfere with the security, integrity or operation of the Services;

• gain or attempt to gain unauthorized access to accounts, systems or data;

• collect personal information about others without lawful authority;

• bypass purchase limits, access controls, CAPTCHAs, robot exclusions or security measures; or

• use bots, scrapers, agents, automated tools or data-extraction methods in a manner that imposes an unreasonable load, facilitates fraud, circumvents controls, or copies protected content or data without permission.

We may use reasonable technical measures to prevent prohibited automated access. General-purpose search engines may crawl publicly available pages in accordance with our robots instructions.

11. Third-party services, tools and links

The Services may include third-party payment services, social features, applications, tools, links or embedded content. Third parties may impose their own terms and privacy practices. We do not control and are not responsible for third-party sites, services or content, and a link does not imply endorsement. Your dealings with a third party are between you and that third party, subject to any rights you may have under applicable law.

12. Shopify

Shopify provides the commerce platform that enables us to offer the Services. Purchases from our store are made from Waffle Hau5, not Shopify. To the fullest extent permitted by law, Shopify is not responsible for the products we sell or for claims arising from your transaction with us. Nothing in this section limits any rights or claims that cannot lawfully be waived.

13. Privacy and electronic communications

Our collection, use and disclosure of personal information are described in our [Privacy Policy]. Shopify may also process personal information as described in Shopify’s privacy policy for consumers. Personal information may be processed in countries other than the country where you live and may therefore be subject to the laws of those jurisdictions.

Transactional messages about your account or orders are part of the Services. We will send marketing email or text messages only as permitted by applicable law. You may unsubscribe from marketing messages using the method provided in the message, but you may still receive necessary transactional or service communications.

14. Service availability and changes

We may update, suspend or discontinue all or part of the Services and may correct errors or omissions. We do not guarantee that the website will always be available, uninterrupted, secure or error-free. Where required by law, changes that materially affect an accepted order or your rights will not apply without appropriate notice or consent.

15. Suspension and termination

We may restrict, suspend or terminate access to the Services if we reasonably believe you breached these Terms, created risk or possible legal exposure, acted fraudulently, or used the Services unlawfully. Where appropriate, we will provide notice. Termination does not affect rights and obligations that arose before termination.

Sections that by their nature should continue—including intellectual property, payment obligations, disclaimers, liability limits, indemnity, governing law and dispute provisions—survive termination.

16. Disclaimers

To the fullest extent permitted by applicable law, the website and Services are provided on an “as is” and “as available” basis. We disclaim representations, warranties and conditions not expressly stated in these Terms, whether express, implied, statutory or collateral, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

This disclaimer does not apply to any warranty, condition, representation, right or remedy that cannot lawfully be excluded, including mandatory consumer guarantees or statutory warranties that apply to your purchase.

17. Limitation of liability

To the fullest extent permitted by applicable law, Waffle Hau5 and its directors, officers, employees, affiliates, agents, contractors, licensors and service providers will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss, or for lost profits, revenue, business, goodwill or data, arising from or related to the Services or these Terms, even if advised that such loss was possible.

To the fullest extent permitted by law, our total aggregate liability arising from or related to the Services, a product or these Terms will not exceed the greater of: (a) the amount you paid us for the product or transaction giving rise to the claim; and (b) CAD $100.

The exclusions and cap above do not apply to liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, wilful misconduct, or death or personal injury caused by negligence where such a limitation is prohibited. They also do not limit mandatory consumer remedies. Some jurisdictions do not allow certain exclusions or limitations, so part of this section may not apply to you.

18. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Waffle Hau5 and its directors, officers, employees, affiliates, agents, contractors, licensors and service providers from third-party claims, liabilities, losses and reasonable legal costs arising from your unlawful use of the Services, your material breach of these Terms, or your infringement of another person’s rights.

This obligation does not apply to the extent a claim results from our negligence, wilful misconduct or breach of law, and it does not require a consumer to indemnify us for exercising a statutory right. We will provide reasonable notice of an indemnified claim and may control its defence, while you provide reasonable cooperation.

19. Governing law and disputes

These Terms and any dispute arising from them or the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules.

Subject to mandatory law, you and Waffle Hau5 submit to the exclusive jurisdiction of the courts located in Ontario, Canada. Before starting formal proceedings, we encourage you to contact us so we can try to resolve the concern informally.

If you are a consumer living outside Ontario, this section does not deprive you of mandatory protections or the right to bring a claim in a forum that cannot lawfully be excluded under the laws of your usual place of residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply, to the extent its exclusion is permitted.

20. General terms

Entire agreement. These Terms and the policies incorporated by reference form the entire agreement between you and us concerning the Services, except for any additional terms we expressly agree to in writing.

Severability. If a provision is found unlawful or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will continue in effect.

No waiver. A delay or failure to enforce a right is not a waiver of that right.

Assignment. You may not assign these Terms without our written consent. We may assign them as part of a merger, reorganization, sale of assets or similar transaction, or to an affiliate, provided this does not reduce any mandatory consumer rights.

No third-party beneficiaries. Except where these Terms expressly state otherwise, they do not create rights for third parties.

Headings. Headings are for convenience only.

21. Changes to these Terms

We may update these Terms from time to time. The current version will be posted on this page with its effective date. We will provide any notice required by law for material changes. Changes apply prospectively from their stated effective date and will not retroactively change the terms of an order already accepted unless permitted by law. Your continued use of the Services after the effective date means you accept the updated Terms.

22. Contact information

Questions or complaints about these Terms or an order may be sent to:

Waffle Haus Inc.
Email: shopwafflehaus@gmail.com