Last update: April 2020
These Terms of Service (“Terms”) apply to your access and use of the Services (as defined below). These Terms are an agreement between you and MEGAComfort International Inc.. When the Terms mention “we”, “us”, or “our”, they refer to MEGAComfort International Inc..
1.1 App: The mobile application 3Dfits. Via the App, we assist Users to order the right fit footwear when shopping online. On the basis of three pictures of a foot, made from specific angles, the App is able to construct a 3D model of the foot of the User in question. The App matches this 3D model to the measurements of footwear made available by manufacturers. As a result, the App can give real-time advice about what size Users should order.
1.2 User: the individual natural person making use of the Services. When the Terms mention “you” or “your”, they refer to the User.
1.3 Terms: These Terms of Service which apply to any use of the App and the Website.
1.4 Services: The Services include our Website, App, products, and services.
1.5 Website: all pages and subpages posted to www.3Dfits.com.
2. APPLICABILITY AND ACCEPTANCE
2.1 Please review these Terms carefully before you create an account or use the Services.
3. CREATING AN ACCOUNT
3.1 Full use of the Services requires that you, create a personal account. Personal accounts are solely meant for private, non-commercial use.
3.2 In order to create a personal account, You must provide your email address, as well as a strong password. You may also choose to share his/her geo-location.
3.3 We may suspend or annul personal accounts at any time, in particular if 3Dfits.com has reasons to believe that the account is created with false data or otherwise used for fraudulent purposes.
4. CONDITIONS OF USE
4.1 Persons under the age of 16 are not permitted to access or use the Services unless their parent or legal guardian has consented in accordance with applicable law.
4.2 User is responsible for all activity that occurs in association with its account. We are not liable for any loss or damages caused by User’s failure to maintain the confidentiality of its account credentials.
4.3 User will not, nor allow third parties on User’s behalf, to
(i) make and distribute copies of the App;
(ii) attempt to copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the App; or
(iii) create derivative works of the App of any kind whatsoever.
4.4 We reserve the right to amend or withdraw the App, or charge for any Services provided to User in accordance with these Terms, at any time and for any reason.
4.5 User acknowledges that the terms of agreement with User’s respective mobile network provider (‘Mobile Provider’) or Internet services provider (“Internet Provider”) will continue to apply when using the Services. As a result, you may be charged by your Mobile Provider or Internet Provider for access to network connection services for the duration of the connection while accessing the Services, or any such third party charges as may arise. User accepts responsibility for any such charges that arise.
4.6 If User is not the bill payer for the mobile network services or internet services being used to access the Services, User will be assumed to have received permission from the bill payer to use the Services.
5. DATA PROTECTION AND PRIVACY
6. INTELLECTUAL PROPERTY RIGHTS AND LICENSE
6.1 All trademark rights, copyright, database rights and any other intellectual property rights of any nature vesting in the Services, including, in particular, in the App and the underlying software code, are exclusively owned by us.
6.2 We hereby grant User a worldwide, non-exclusive, non-transferrable, royalty-free, and revocable license to use the Services for personal use in accordance with these Terms.
7. AVAILABILITY OF SERVICES, DISCLAIMER OF WARRANTIES
7.1 Full use of the Services is dependent upon User’s use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality. .
7.2 We do not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to download or access content or any other communication system failure which may result in the Services being unavailable.
7.3 WE are not be responsible for any support or maintenance for the Services.
7.4 To the maximum extent permitted by law, WE hereby disclaim all implied warranties ARISING OUT OF OR RELATED TO THESE TERMS OR the SERVICES. The services are provided “as is” and “as available” without warranty of any kind.
8. APP SYSTEM REQUIREMENTS
8.1 In order to use the App, User is required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
8.2 The Software Requirements are as follows: Apple iOS devices running iOS 8 and higher up to 8, and Android OS devices running Android OS 4.1 up to OS 6.1; Language: English.
8.3 The version of the App software may be upgraded from time to time to add support for new functions and services.
9. LIMITATION OF LIABILITY
9.1 NEITHER XXX NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE liable for any direct, indirect, punitive, exemplary or consequential losses or damages of what kind whatsoever, arising out of
(i) the actions or inactions of User;
(ii) the situation where A User’s mobile device is stolen and any third party subsequently makes use of User’s personal account;
(iii) failure to meet any of OUR obligations under these Terms where such failure is due to events beyond OUR control (for example a network failure);
(iv) any damage or alteration to User’s equipment, including but not limited to computer equipment, handheld device or mobile telephones, as a result of the installation or use of the App.
9.2 Nothing in these Terms shall exclude or limit OUR liability which cannot be excluded or limited under applicable law.
10. DISPUTE RESOLUTION AND GENERAL TERMS
10.1 These Terms are exclusively governed by the laws of The Netherlands. Any disputes or claims arising out of or related to these Terms shall exclusively be submitted to the competent court in Amsterdam.
10.2 If any provision of these Terms shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at firstname.lastname@example.org or at our mailing address below.
MEGAComfort International Inc.
1600 Steeles Ave West, Suite 400
Concord, Ontario L4K4M2