Terms of Service

VERSION DATE: February 12, 2021

Welcome to 3Dfits.com (the “Site”). MEGA InTech Inc. and its affiliates (“MEGA InTech”, “we”, or “us”) operate this Site to provide users (“you”) with information about MEGA InTech and access to MEGA InTech’s 3Dfits mobile application (the “App”) and online platform (the “Platform” and, together with the Site and App, our “Services”). Our Services are intended to help you find the optimum footwear fit based on sizing and product recommendations derived from information and measurements of your feet (constructed based on photos you provide to us through the App, in accordance with our Privacy Policy and footwear product specifications.

When you access and/or register for an account on the Site or App, you agree to be bound by the terms of service set out below (the “Terms of Service”). We reserve the right, in our sole discretion, to modify or update the Terms of Service from time to time, and we will notify you of any changes to the Terms of Service by posting a notice on the Site or in the App when we do so. Changes are effective immediately upon posting, and we recommend that you check regularly for updates. Your continued use of the Services following the posting of any changes to the Terms of Service will mean you accept such changes.

These Terms of Service include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability. Please read these Terms of Service carefully before using the Services. If you do not agree to these Terms of Service, please do not use the Services.

PRIVACY

Please review our Privacy Policy which explains how we may collect, use, or disclose personal information in connection with your use of the Services. The Privacy Policy is incorporated into and forms an integral part of these Terms of Service.

USE OF THE SITE

You must register for an account to use the Services. By registering for an account, you certify that (i) you have reached the age of majority in your jurisdiction of residence (or your parent or guardian has consented in accordance with applicable law); (ii) any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete; (iii) you will keep all information up to date; and (iv) your account is solely for your own personal, non-commercial use.

You are responsible for maintaining the confidentiality of your account login credentials and for all access to and use of the Services through such login credentials (whether or not authorized by you). You agree to immediately notify us of any unauthorized use or disclosure of your login credentials.

You agree that we may deny access, use and/or registration privileges to any user of the Services, at any time and in our sole discretion, including if we have reason to believe an account was created with false information or otherwise used for fraudulent purposes.

SYSTEM REQUIREMENTS

To use the App, users must have a compatible mobile telephone or handheld device with the following minimum specifications:

  • Apple iOS devices running iOS 8 and higher up to 8; or
  • Android OS devices running Android OS 4.1 up to OS 6.1.

User browsers must support JavaScript. The App is currently only available in English. We may update the App from time to time to add support for new functions and services.

SITE CONTENT

In these Terms of Service, “Content” includes the Services, text, graphics, logos, button icons, images, electronic art, animations, multimedia clips, digital downloads, data compilations, algorithms, software and other materials and their organization and presentation, in each case provided, owned, or licensed by MEGA InTech. All Content accessible through this Site is the property of MEGA InTech, or its affiliates or licensors, as applicable, and is protected by copyright laws. You may not use any trademark displayed on the Site without the written permission of the trademark owner.

MEGA InTech grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for your own personal, non-commercial use. All other use of the Services or Content is prohibited and will automatically terminate your rights to use the Services and/or Content. All rights not expressly granted in these Terms of Service are reserved for MEGA InTech.

Except as expressly provided in these Terms of Service, any reproduction, retransmission, distribution, sales, republication, modification, translation of or creation of derivative works based on the Site, the Content and/or the Services, in whole or in part, and any decompilation, disassembly, reverse engineering, hacking or other exploitation of the Site or the Services is strictly prohibited. You acquire no rights or licenses to the Site, the Content or the Services other than the limited right to use the Site, the Content and the Services in accordance with these Terms of Service. You may not frame the Site or any part thereof on any commercial or non-commercial internet website.

You agree to use the Site, Content and Services for lawful purposes only and in a manner consistent with all applicable local, national, or international laws, rules and regulations.

We reserve the right to suspend or terminate your access to the Services immediately, without notice, in our sole discretion.

LINKS

Certain links provided on the Platform may take you to websites that are owned and operated by third parties (“Third Party Sites”). We provide these links as a convenience only, and do not endorse or have any control over any Third Party Sites or their content, or any products, services, or information they provide. If you decide to visit any Third Party Site, you do so at your own risk and waive any claims against MEGA InTech.

CONFIDENTIAL INFORMATION

You agree to hold in strict confidence all information you receive from MEGA InTech as part of accessing the Services, and you agree not to copy or distribute any Content to any third party, except as required by law or with our permission. If you are required by law to disclose any information you receive from MEGA InTech, you shall provide MEGA InTech with ten (10) days written notice before any disclosure of such information.

USER INFORMATION

In connection with your use of the Services, you may provide us with information or materials such as feedback data, questions, comments, suggestions or the like regarding the Services. To the extent that such information or materials does not contain information that identifies you, or otherwise cannot reasonably be used to identify you (including information or materials that we have de-identified), MEGA InTech shall have no obligation of any kind with respect to such information and/or materials and shall be free to reproduce, use, disclose, and distribute such information and/or materials to others without limitation. You hereby grant us a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt and display any such non-identifiable information and/or materials and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future.

DISCLAIMER

The Services are made available on an “as is” and “as available” basis, without any representation or warranty any kind, either express or implied, or any guarantee or assurance the Site or the Services will be available for use, or that all features, functions, services or operations will be available or perform as described. To the fullest extent permitted by law, MEGA InTech disclaims all implied representations, warranties and conditions relating to the

Services and Content, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or availability of service. MEGA InTech does not warrant that the Site or the provision of Services will meet your requirements or that the operation of the Site or the provision of Services will be uninterrupted or error-free, nor does MEGA InTech make any warranty as to the result that may be obtained from the use of the Site or the Services or as to the accuracy, reliability, suitability or content of the Site or the Services. You agree that access to and use of the Site and the information, services, or Content available on it is at your own risk. Neither MEGA InTech nor any supplier or licensor contributing to the Services is responsible for any errors or omissions in any information provided or any reliance on such information, Services, or Content.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site or the Services. You understand, acknowledge and agree that you are assuming the entire risk including, without limitation, for accuracy, performance, quality or security of any features or functions of the Services, or Content or loss of data associated with your use of the Site or the Services.

LIMITATION OF LIABILITY

IN NO EVENT WILL MEGA INTECH AND/OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEGA INTECH HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

GENERAL

Dispute Resolution

In the interest of resolving disputes between you and MEGA InTech in the most expedient and cost-effective manner, you and MEGA InTech agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. You and MEGA InTech agree that (i) any arbitration will occur in Toronto, Ontario; (ii) arbitration will be conducted confidentially in accordance with the Arbitration Act (Ontario), in English with one arbitrator to be selected by the parties to the arbitration; and (iii) the Ontario courts situated in the city of Toronto, Ontario shall have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards. The parties shall attempt to agree on the single arbitrator to be appointed to resolve the dispute. If the parties are unable to reach agreement within thirty (30) days after commencement of the arbitration, the arbitrator selection process identified in the Arbitration Act (Ontario) shall apply.

This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms of Service. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MEGA INTECH ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Indemnification

You agree to indemnify and hold MEGA InTech, its affiliates, licensors, and their respective directors, officers, employees, agents, and representatives harmless from all claims, liabilities, damages, and losses, including reasonable legal fees and expenses, due to or arising out of your use of the Site, Content, Services, or your breach of these Terms of Service (including, for greater certainty, any damages arising from your failure to protect MEGA InTech confidential or proprietary information in accordance with these Terms of Service).

Termination

Either you or MEGA InTech may terminate this relationship with or without cause at any time with thirty (30) days’ notice or otherwise in accordance with these Terms of Service. These Terms of Service will continue to apply to all past use of the Site and Services by you.

You agree that MEGA InTech may, in its sole discretion, terminate or suspend your access the Services for any reason, including, without limitation, for breach of these Terms of Service or breach of any other agreements between you and MEGA InTech. Any actual or suspected fraudulent, abusive, or illegal activity may be grounds for terminating this relationship.

Should you object to the Terms of Service or any subsequent modifications to them, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue your use of the Services.

Applicable Law

These Terms of Service and all related transactions are governed by laws of the province of Ontario, and the applicable federal laws of Canada. You and MEGA InTech agree to the exclusive jurisdiction of the courts of the Province of Ontario, and that all court proceedings and hearings will be in English.

Severability

If any of the provisions of these Terms of Service are, for any reason, held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect any other provisions of these Terms of Service, and these Terms of Service will be construed as if they had never contained such invalid, illegal, or unenforceable provision.

No Waiver

No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Benefit of the Agreement

These Terms of Service are binding upon and will ensure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You may not assign or transfer your rights or obligations under these Terms of Service without our prior written consent, which consent will be at our sole discretion. MEGA InTech may assign the Terms of Service to any party at any time without notice to you.

Electronic Communications

By registering for an account and/or using the Services, you agree to receive service-related communications from us electronically. We will communicate with you by electronic mail at the electronic mail address you provide to us, in accordance with our Privacy Policy. We may also communicate with you by posting notices on the Site or App.

Language

The parties confirm that it is their wish that this Agreement be written in the English language only. Les parties confirment leur volonté que la présente convention soit rédigée en anglais seulement.

CONTACT US

If you have any questions about these Terms of Service, please contact us at terms@mega-intech.com or by mail at the address below:

MEGA InTech Inc. 
1600 Steeles Ave West, Suite 400 
Concord, Ontario L4K4M2 
Canada