Terms of Service

STANDARD TERMS AND CONDITIONS FOR SERVICES

  1. Scope of Services. CustomFit Knits Inc. creates and maintains customfitknits.com and customfitknits.app (collectively the “Website”) to provide you, (the “Customer”) with unique and customizable knitting patterns for creating apparel that is tailored specifically to Your measurements (the “Services”). The words “You”, “Your” and similar words include a Customer, and any person who makes use of the Services.
  1. Acceptance. Your access and use of the Website and use of the Services and any related services are subject to the terms and conditions (the “Terms”). Additionally, your use of the Services may also be subject to disclaimers, legal notices, clickthrough agreements, or other legal agreements which may be posted to the Website (“Additional Terms”). By using any of the Services, or by browsing the Website, You are agreeing to accept and to be bound by the Terms and the Additional Terms as applicable. Any links contained to external websites provided by third parties, including any changes or updates to such sites shall not be the responsibility of CustomFit.
  1. Agreement” means (i) the agreement entered into between CustomFit and the Customer by virtue of the subscription for and purchase by the Customer of Services from CustomFit by the Customer and (ii) the Terms, each as amended, supplemented or restated from time to time.
  1. Purchase of Services. Subject to the Terms, the Customer agrees to purchase the Services from CustomFit specified in the initial application and to pay the fees for such Services as determined in accordance with the Terms (the “Fees”).
  1. Limitation. CustomFit’s obligation to provide Services to the Customer is contingent upon proper use of the Services by the Customer. CustomFit is under no obligation to provide Services (i) if there has been a modification or attempted modification of the Services or if any of the Services has been used other than in accordance with the Terms and any applicable user documentation; (ii) to the extent the problems or issues with respect to the any of the Services are external to the Services (including problems or issues that result from or relate to use of the Services with hardware, software, data or other materials not provided by CustomFit) or are beyond CustomFit’s reasonable control; or (iii) if the Customer has refused or otherwise failed to implement corrections, updates, enhancements, new releases or other modifications that CustomFit has provided or recommended.
  1. Change to the Terms. CustomFit may update these Terms from time to time. CustomFit will notify the Customer of any changes to the Terms by publishing such update to the Website. CustomFit may modify, change or discontinue any, part or all of the Website and/or the Services, including changes to the Fees associated with the Services at any time without notice.
  1. Privacy. Your personal information is important to us. Our Privacy Policy, including details regarding how information is collected, used and shared when accessing the Services can be found here [NTD: add hyperlink]. You understand and agree that CustumFit collects, uses, stores and otherwise processes Your personal information in order to provide the Services, for customer support, archival and analytic purposes (the “Personal Information”). Such Personal Information means any information about an identifiable individual and includes, but is not limited to an individual’s name, contact information, financial information and purchases and buying preferences. CustomFit will not share Your Personal Information except in accordance with applicable privacy laws.
  1. Intellectual Property Rights. The Customer acknowledges and agrees that CustomFit is the exclusive owner of the intellectual property which shall include without limitation all: patents, industrial designs and any applications or registrations therefor; marks, internet domain names, copyrights and other intellectual property rights arising from or relating to the Services and associated technology in any country now existing or hereafter filed, issued and acquired (the “Intellectual Property Rights”).
  1. Licence Granted by the Customer in Customer Information. The Customer hereby grants to CustomFit a non-exclusive, royalty-free license to copy, use, modify, enhance, make derivative works, and otherwise commercially exploit without limitation or restriction Customer Information used in connection with the performance of the Services in a manner consistent with and subject to applicable privacy laws. The licence granted by this Section shall terminate upon the termination of the Agreement.
  1. Licence Granted by CustomFit in Work Product. CustomFit hereby grants to the Customer a non-exclusive, revocable, terminable, non-transferable, non-assignable license to use those CustomFit materials provided to the Customer in connection in connection with the delivery of the Services solely for personal use.
  1.  Early Termination. The Customer may cancel the Services or any part of them during the Term by submitting an application to cancel the Services or any part of them. You can find more information by clicking here [NTD: provide a hyperlink to assist]. Where the Customer cancels all existing Services, the Term shall end, and the Customer shall have no further right to any Services. In the event of such cancellation, CustomFit may, but shall have no obligation, refund all or a portion of the Fees for such cancelled Services for the current period for which Fees were payable, in such amounts and in such manner as CustomFit, in its sole discretion, may determine.
  1. Termination by CustomFit. CustomFit may terminate or suspend Your account, and Your access to the Services should we have reason to believe that You, or Your use of the Website and access to the Services violate our Terms. CustomFit will notify you that Your account has been terminated or suspended. CustomFit reserves the right to change, suspend or discontinue any of the Services for You, any or all Customers, at any time, for any reason, including those laid out in the Terms. CustomFit will not be liable to You for the effect that any changes to the Services may have on You.
  1. Payment of Fees. Subject to the terms and conditions of the Terms, the Customer shall from time to time, and in connection with the purchase of all Services, including any additional Services purchased by the Customer in accordance with the Terms, pay to CustomFit the fees relating to such Services as specified (the “Fees”). The Customer authorizes CustomFit to deduct or charge the payment for all Fees payable by the Customer to CustomFit hereunder from or to the method or methods of payment specified by the Customer in each applicable Application.
  1. Suspension or Termination for Non-Payment. Where any Fees are overdue for any reason, CustomFit may suspend any or all Services and prevent the Customer and its users from accessing the Services and may terminate the account immediately upon written notice to the Customer.
  1. Customer’s Covenants and Acceptable Use. You acknowledge and agree that You will not violate any laws in connection with Your use of the Website and the Services. This includes all applicable laws that may apply to you. 
  1. Failure to Comply. CustomFit reserves the right, without notice to the Customer, to temporarily discontinue any Service to the Customer until any content, activity or behaviour that is in breach of the Terms provided for herein, as determined by CustomFit in its sole discretion, is removed or terminated or until any other breach of the Terms is remedied by the Customer, or to terminate the provision of Services or the account as applicable, if the Customer is unwilling or unable to terminate such activity or behaviour or remedy such breach or fails to comply with the Terms. 
  1. Survival of Certain Provisions. Notwithstanding anything else contained in the Terms, the Payment of Fees, Privacy Policy, Intellectual Property, Customer’s Covenants, Indemnities, Limitations of Liability and Miscellaneous sections of the Terms, shall survive the termination of the Agreement.
  1. Indemnification by Customer. The Customer shall indemnify, defend, and hold harmless CustomFit and its officers, directors, employees, agents, successors and permitted assigns, from and against any and all Losses suffered or incurred by CustomFit as a result of a failure by the Customer to observe or perform any covenant or obligation contained in the Terms to be observed or performed by the Customer. For clarity, Losses shall mean (whether or not involving a third-party claim), any and all losses due to or arising out of Your use of the Website or the Services.
  1.  Limitation of Liability. Except as otherwise specified below in the Limitations of Liability Section of the Terms, CustomFit shall not be liable to the Customer for consequential, incidental, punitive, or indirect damages (including lost profits or lost savings) arising from, relating to, or in connection with the use of the Website or its Services, even if such Party has been advised of the possibility of or could have foreseen such damages, and CustomFit’s aggregate liability hereunder shall in no event exceed the total fees paid by the Customer to CustomFit hereunder. This limitation of liability applies regardless of the form of action, whether in contract, tort, or otherwise.
  1. Disclaimer of Warranty. CustomFit covenants only to use commercially reasonable efforts to make the Services available to the Customer in accordance with the Terms. Notwithstanding the foregoing, the Customer acknowledges that CustomFit does not guarantee any result, service standard, availability, uptime, performance, accessibility, usability, functionality, outcome or result with respect to the Services, or that the Services will be performed as and when requested by the Customer and agrees that CustomFit shall not be liable in connection therewith. In that regard, CUSTOMFIT NEITHER MAKES NOR GRANTS ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO THE SERVICES. THE EXPRESS TERMS HEREOF ARE IN LIEU OF THE WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CUSTOMFIT HEREBY EXCLUDES ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW.
  1. Notice. Unless otherwise specified, each Notice to a Party may be effectually given in writing and delivered personally or by courier, sent by prepaid registered mail, or by email, (i) if to the Customer, through the Website or the most recent address of the Customer provided by the Customer, and (ii) if to CustomFit, the most recent address of CustomFit published on its Website.
  1. Governing Law. The Agreement and the Terms shall be governed by and interpreted in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, and each of the Parties irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of New Brunswick.
  1. Entire Agreement. The Agreement and the Terms, including all of the policies which make up the Terms, constitutes the entire agreement between the Parties with respect to the subject matter thereof and hereof and supersede all prior negotiations and understandings between the Parties. No provision thereof or hereof may be amended or waived except in writing. Failure to enforce any part of the Agreement and the Terms does not constitute a waiver of our right to later enforce that or any other part the Agreement and the Terms.
  1. Severability. Any provision of the Terms which is invalid or unenforceable shall not affect any other provision and shall be deemed to be severable.
  1. Assignment and Enurement. The Customer may not delegate, pledge, assign or transfer the Agreement, including the Terms, without the prior written consent of CustomFit. CustomFit may delegate, pledge, assign or transfer the Agreement, including the Terms, without the prior written consent of the Customer.  In particular, CustomFit may engage any agent or subcontractor to perform the Services any part thereof without the Customer’s prior written consent. The Agreement and the Terms shall enure to the benefit of and bind the Parties and their respective successors and permitted assigns.