Terms of Service

Date: December 12, 2020

1. Accepting The Terms

This document, and any documents referenced below make up our Terms of Service (the “Terms”). These Terms are a legally binding contract between you and The Fitting Room Canada, Inc. (“The Fitting Room”, “TFR”, “we”, “us”).

These Terms set out your rights and responsibilities when you use thefittingroom.tech, our mobile application, and the other services provided by TFR (collectively, our “Services”), so please read them carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

You must be at least 18 years of age to use the service. By agreeing to these terms you are entering into a legally binding contract.

2. Privacy Policy

By using our Services, you are providing your consent to our collection, use, and sharing of your personal information in accordance with our Privacy Policy. You can access the Privacy Policy here.

3. Your Account

  1. You must be at least 18 years of age to use the Services. By using our site, you affirm that you are at least 18 years of age.

  2. Provide accurate information about yourself.

  3. You are solely responsible for all activity on your account. You are not permitted to share your login information with others.

4. Your Use of Our Services

You acknowledge and understand that we own all the right, title and interest in the Services, and any associated intellectual property, contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by TFR, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and, without limitation, the following restrictions:

  1. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, provincial, federal, and international laws that may apply to you.

  2. You agree that you will not in any manner violate the terms of use of any third-party website that is linked to the Service, including but not limited to, any third-party social media website.

  3. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or otherwise attempt to obtain the source code of the Services.

  4. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

  5. The name "The Fitting Room" and the other TFR marks, phrases, logos, and designs that we use in connection with our Services (the “TFR Trademarks”), are trademarks, phrases, logos, and designs solely of TFR in Canada and other countries. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Services are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws.

  6. You will not copy, reproduce, modify, republish, upload, download, post, transmit, make derivative works of or otherwise duplicate all or any part of the site.

  7. From time to time, TFR will provide you with certain legal information in writing. By using our Services, you’re agreeing to allow us to send you information electronically.

5. User Content

We appreciate it when you submit any suggestion, idea or review (“User Content”). They can help us improve our Services. Any unsolicited ideas or other materials you submit to TFR via our Services or Social Media Channels are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas, images and materials for any purpose, without compensation to you.

When leaving User Content, you agree to not:

  1. Involve, provide, or contribute any false, inaccurate, or misleading information.

  2. Submit any User Content that is protected by or otherwise subject to any third party confidentiality, intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant TFR all of the rights granted herein.

  3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in TFR’s sole discretion.

  4. Transmit, or procure the sending of, any advertisements or promotions sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

  5. Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm TFR or users of the Services or expose them to liability.

  6. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

  7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  8. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

TFR has the right to refuse, remove or delete any User Content and/or to terminate any user's access to the Sites if TFR determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms.

TFR cannot always ensure prompt removal of objectionable User Content after it has been posted. TFR has no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

6. Termination

You may terminate your account with TFR at any time. We may terminate or suspend your account (and any accounts TFR determines are related to your account) and your access to the Services should we have reason to believe you, or your use of the Services violates our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. TFR will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or TFR terminate your account, you may lose any information associated with your account.

TFR reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

7. Exchanges / Perfect Fit Guarantee

The Fitting Room makes custom tailored garments that are made just for you. As such, those garments can not be re-sold. Therefore, we do not provide full refunds. However, we can accommodate an exchange in certain situations, such as when the delivered product doesn’t match the specifications (fabric, colour, customization), or if the product is defective in any way. A shipping label will be provided to facilitate the exchange.

Perfect Fit Guarantee: If your garment arrives and it does not fit you, TFR will remake or alter your garment. You must submit your request for alteration within 30 days of the delivery date, and provide pictures to our customer service department. If the garment needs to be remade, we will provide you with a shipping label to ship the original item back.

If you choose not to create your personalized 3D Avatar, and elect to use our generic avatar service, our Perfect Fit Guarantee will not apply.

Note, If a remake is required, but the ordered fabric is now out of stock, TFR will try to match the fabric as close as possible, or provide you with a credit.

8. Service Interruptions

TFR may need to interrupt your access to the Services to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Services may be affected by unanticipated or unscheduled downtime, for any reason, but that TFR will have no liability for any damage or loss caused as a result of such downtime.

9. Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. TFR reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Certain orders may constitute improper use of the Services or abuse of our Perfect Fit Guarantee Policy and TFR reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at TFR’s sole discretion.

10. Shipment

TFR will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. TFR will pay all shipping and handling charges unless otherwise specified in the order confirmation.

Title and risk of loss pass to you upon the earlier of our transfer of the products to the carrier or delivery of the product to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

11. Our Products and Prices

Prices and availability of products on the Services are subject to change without notice. The price of the product will be as shown on the order pages when you place your order. Errors will be corrected when discovered and TFR reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Promotional codes can only be applied during purchase. Customer Service will be unable to honor any promotional code adjustments post-order.

Terms of payment are within our sole discretion. We accept approved credit cards and other payment methods that are integrated with our payment processor Stripe. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your order.

12. Limitation of Liability

  1. Content You Access. You may come across User Content that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. TFR is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

  2. Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. TFR is not a party to those agreements; they are solely between you and the third party.

  3. Gift Cards and Promotions. You acknowledge that TFR does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

WARRANTIES. TFR IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND OTHERWISE AS STATED HEREIN WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TFR, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL TFR’s AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID TFR IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if TFR gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend TFR (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

14. Disputes with TFR

In case of a problem, hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of Ontario, without regard to its conflict of laws rules, and the laws of Canada. These laws will apply no matter where in the world you live, but if you live outside of Canada, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration. You and TFR agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, shall be referred to and determined by a single arbitrator in a final and binding arbitration administered by under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon the arbitrator within 14 days, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial. All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat, and each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, subject to the requirements for arbitration hereunder, with respect to the terms of, and the transactions and relationships contemplated by, these Terms. Notwithstanding this provision, a party to these Terms may take such steps as are permitted or required to enforce an award made by an arbitrator. The existence of the arbitration and any element of the arbitration, including any award, shall be confidential. The deemed undertaking rule shall apply. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THESE TERMS. You agree that you will not contest venue, and you waive any rights that you may have to initiate, transfer, or change the venue of any litigation arising from or related to these Terms.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and TFR are each waiving the right to trial by jury or to participate in a class action lawsuit. Each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration. The Parties will pay their share of arbitration costs.

D. Forum. We’re based in Toronto, so any legal action against TFR related to our Services must be filed and take place in Toronto, Ontario, Canada.

E. Modifications. If we make any changes to this “Disputes with TFR” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against TFR prior to the date the changes became effective. TFR will notify you of substantive changes to the “Disputes with TFR” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send TFR a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and TFR in accordance with the provisions of this “Disputes with TFR” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

15. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

16. iOS Version

If you use the iOS version of the Service, you acknowledge the statements set forth in this Section. This Agreement is between you and TFR only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the functionality or content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty and if you purchased a subscription to the Service through Apple, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by Applicable Law, Apple has no other warranty obligation whatsoever with respect to the Service. As between Apple and TFR, TFR is responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Service to conform to any warranty, subject to the terms of this Agreement. Apple is not responsible for addressing any claims brought by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.

17. Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and TFR regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

18. Severability

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and TFR regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.

19. Force Majeure.

TFR will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

20. Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms 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. We may assign any of our rights and obligations under the Terms.

21. No Third-Party Beneficiaries.

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

Contact Information

If you have any questions about the Terms, please email us at legal@thefittingroom.tech

*In some countries you may have additional rights and/or the preceding may not apply to you.