Terms & Agreements

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.

MT MyCloset is an apparel resale and boutique marketplace, offering a convenient option for shopping and selling quality men and women East Indian clothing, suits and luxury goods (bags, wallets, etc.). The following Terms of Service constitute a legally binding agreement (the “Terms”) between you and MT MyCloset Inc. and its affiliates (“MT MyCloset,” “we,” “us” or” our”) governing your use of our website(s), mobile applications, stores and other services or content available through the foregoing (collectively, the “Services”). You also agree to and accept our Privacy Policy, which describes how we use the information you provide MT MyCloset and is incorporated into these Terms by reference.

Please read these Terms of Service carefully. By creating an account, purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Service, you may not access or use the Services or order or purchase any products.

These Terms govern how claims you and MT MyCloset have against each other can be brought and will require you to submit claims you have against MT MyCloset to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.

Changes

Revisions to the Terms, our Privacy Policy and/or the Services at any time. Your use of the Services following any change constitutes your agreement to follow and be bound to these Terms and Privacy Policy as revised.

At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. For existing users of the Services, any changes to these Terms will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Privacy and Data Retention

If there is a conflict between the terms of the Privacy Policy and these Terms of Service, the Terms of Service govern. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services.

MT MyCloset will retain information as long as deemed necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, MT MyCloset will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. MT MyCloset reserves the right at all times to disclose any information as MT MyCloset deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

License Grant

MT MyCloset operates one or more websites and related mobile applications where the Services can be accessed (collectively, the “Website”). The Website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above “Information”), and which is either owned or licensed by MT MyCloset.

You are hereby granted a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website.

Account Registration

In order to use the Services, you must register an account with MT MyCloset directly or through an authorized third-party service (each, a “TPS”) such as Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your MT MyCloset account.

Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and MT MyCloset shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Services.

If you choose to register an account with the Services (whether directly or through a TPS), you agree to provide and maintain accurate, current and complete information about yourself. Our Privacy Policy governs registration data and certain other information about you. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services. As a Boutique, you will be required to create a separate account for your business and a separate account for your personal closet (if you need our Services in this manner.)

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MT MyCloset reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Clothing Acceptance and Payouts

MT MyCloset will inform you when your items have been accepted and individually listed on our Services and the associated payout for such items. Any determinations, including without limitation:
(i) whether an item is accepted or unaccepted,
(ii) the listing price for a consignment item or
(iii) the non-negotiable upfront payout amount offered for an item will be made in MT MyCloset’s sole discretion and may be based on a variety of factors including seasonality and the composition of our existing inventory.

MT MyCloset reserves the right to adjust its criteria for upfront and consignment payout eligibility at any time without notice.

Return Assurance

You may choose to have your items returned to you. All items that are returned are to be paid by the owner (includes: Shipping, Taxes and Duties). MT MyCloset will return items to your address on file.

Donation Items – 90 Days

If the user does not respond after 90 days for an item, MT MyCloset reserves the right to sell or otherwise donate any items in its sole discretion.

Unaccepted Items

If you send items that are not a part of the approved items from the online submissions these items will immediately and irrevocably become property of MT MyCloset and will not be returned. MT MyCloset reserves the right to sell unaccepted items to third-party textile recyclers or through its other proprietary commercial channels without any obligation to compensate you for such unaccepted items. If you do not agree to the foregoing, please ensure you only send items that have been approved from the Sell application process.

Accepted Items and Payout Credits

Accepted items will be listed for consignment on our Website. MT MyCloset will provide an initial consignment listing price prior to posting (via e-mail) which can either be approved or countered by the seller within 48 hours. If there is no response from the seller, the item(s) will be set to the consignment listing price as indicated by MT MyCloset. Consignment listings will expire after 90 days. On the 30-day, 60-day and 90-day marks of the consignment listing, you will receive an ask to complete one of the following:

  1. Keep the listing as-is and do nothing (applies to 30-day, 60-day ONLY)
  2. Donate the listing
  3. Promote/boost the listing
  4. Have it returned to your address on file

Please note: You always have the ability to decrease the price of your items at any time to promote a sale to occur.

Upon expiration, if you do not respond in a timely manner to reclaim your expired items, they will automatically become the property of MT MyCloset and you will not receive any payout.

Please note that you may reclaim your unsold/unreserved consignment item at any time beginning on the 10th day after your item has been listed and prior to its listing expiration.

MT MyCloset reserves the right to purchase your consigned item at any time at the then-current listing price or to offer you an upfront payout credit for your item. If you choose to accept the upfront payout offer for your item in lieu of consignment, you acknowledge and agree that such item will immediately and irrevocably become the property of MT MyCloset and may not be returned. Upfront payouts are final, non-negotiable and non-transferrable. Unless otherwise stated, any payout credits can initially be applied towards purchases on the Website. After 14 days, you can choose to cash out your payout credits via PayPal.

Once your consigned item is sold, your account will be credited based on the commission you will be receiving for listing. Your account will also be deducted credit if you have chosen to donate to one of our agencies on a per sale basis. Your consignment payout will be updated 48 – 72 hours after the sale has been processed.

*Note that MT MyCloset prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel.

Boutique Acceptance and Payments

MT MyCloset will inform you when you have been accepted as a Boutique seller. As a boutique, you have full authority on posting and pricing of your items. All items must be posted with a white backdrop. We allow you to be creative with your postings. All listing prices are set by the boutique and have no affiliation with MT MyCloset. MT MyCloset reserves the right to adjust its criteria for subscription payments at any time without notice.

If payment is made through our third-party payment processors. All payout credits are passed over to the boutique after a sale has been made within 48 – 72 hours. MT MyCloset charges a 1 – 2% processing fee for hosting your items on our platform and providing a service online to reach a global customer base.

Account Credits

Unless otherwise stated, all credit offered to you in consideration for accepted items will be non-transferable and available for shopping on the Website or for cash out via PayPal. At MT MyCloset’s discretion, any such credit remaining in your account for more than one (1) year will automatically be converted into a MT MyCloset credit. A MT MyCloset promo code with your credit will be issued electronically to the last customer email address on file.

Donation (Clothing)

MT MyCloset may offer you the option to elect to donate the contents of your online closet to one of our designated charity partners. By electing to donate to one of our active charity partners, you authorize MT MyCloset and/or its affiliates to receive your donation on behalf of the charity partner.

MT MyCloset regularly updates its charity partner relationships. After 90 days, MT MyCloset reserves the right to assign your clothing to any one of its then-current charity partners, in its discretion.

Donation (Credits)

MT MyCloset offers you the option to donate a percentage or a portion of each sale to one of our designated charity partners. By electing to donate to one of our active charity partners, you authorize MT MyCloset to take a percentage or a portion of each sale you make and donate it to the charity partner on a monthly basis.

For additional information on donations, please contact us at info@mtmycloset.com

Purchases and Pricing

In order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, MT MyCloset will store and update (e.g. upon expiration) your payment method on file. 


If you choose to use a third-party payment service offered by MT MyCloset, such as PayPal, you are subject to their Terms of Service and privacy policies.

Our inventory availability and listing prices are subject to change at any time without notice. Pricing for items from non-local distribution centers may include a surcharge to cover additional localization and logistics costs. In order to maximize the selection of items available for sale, MT MyCloset reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, MT MyCloset reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.

Promotional offers do not apply to Boutique Items. To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion. Please note that only one account per delivery address may be eligible for promotional codes and discounts, including, but not limited to new customer and first-time purchase promotions. Except as otherwise stated, all prices are quoted in CAD Dollars and all promotions may be limited to CAD customers.

Except as otherwise stated, the risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or Canada Post).

Return and Refund Policy

MT MyCloset does not allow for returns or refunds once a purchase is completed for individual closets. You may re-post the item under your closet for sale after we approve your sell application.

Any returns or refunds for boutique purchases are to be handled directly with the boutique on all returns and refunds. MT MyCloset is not involved on any returns or refunds with Boutiques.

All luxury goods (handbags, wallets, etc.) are guaranteed on quality and authenticity of luxury goods.

We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact our Customer Service by email at info@mtmycloset.com so that we can help you resolve the issue.

Product Descriptions

While we attempt to be as accurate as possible, MT MyCloset does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate.

MT MyCloset Luxury Goods

MT MyCloset accepts men and women’s luxury designer clothes, handbags, and shoes from our approved designers brand list. Luxury goods are authenticated by our specially trained authentication team. The initial listing price of luxury items is based on a variety of factors as determined by our authentication team. You will receive the pricing in our “final quote” and have 48 hours before listing to adjust the listing price.

Authenticity

MT MyCloset prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. MT MyCloset’s authentication process is in-house and independent and if MT MyCloset cannot verify the authenticity of an item in your closet or it does not meet the authenticity standard, it will not be listed regardless of its condition and MT MyCloset reserves the right to destroy apparel it deems to be counterfeit in accordance with applicable laws.

Brands sold on the Website are not partnered or affiliated with MT MyCloset in any manner. However, MT MyCloset fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods. Please see our Acceptance and Quality Standards for more information.

International Customs, Duties and Taxes

You are responsible for assuring that our products can be lawfully imported to your destination country. International orders (shipped to countries outside of the Canada) may be subject to import taxes, customs duties, and fees levied by the destination country. These fees are levied once a shipment reaches your country and are the responsibility of the customer. We have no control over these charges and can’t predict what they may be. Customs fees and policies are different from country to country and can change regularly. You should contact your local customs office for further information. When customs clearance procedures are required by your country, it can cause delays beyond our delivery estimates.

Shipping times for international orders can vary, but we would recommend that you allow at least 2-3 weeks for orders from the time it leaves Canada for you to receive it. There may be some cases when packages are delivered outside of the listed estimated timeframe. Please note international orders that are canceled after the order is shipped will not be refunded.

As for sellers, when you send your items to us in Canada we have a special infrastructure for our sellers. We can receive your items in a timely manner to continue with the process of posting your items in your closet.

Trademark Notice

Please note that MT MyCloset is an independent reseller of like-new clothing and accessories and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services. All third-party brand names and logos used in any commercial context by MT MyCloset are trademarks and/or registered trademarks of their respective holders. All Boutiques have full rights to their merchandise are not affiliated directly with MT MyCloset. They use our services as a business platform.

Intellectual Property Rights

You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MT MyCloset you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of MT MyCloset, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services (including the Software).

When submitting a DMCA Notice of Alleged Infringement, please provide us with this information:

Feedback and User Content

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness, and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content. MT MyCloset reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of MT MyCloset if MT MyCloset should choose to use the User Content. MT MyCloset shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If MT MyCloset does include your User Content, or any part thereof, you are deemed to have granted MT MyCloset a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.

The Website includes our #mtmycloset page, which pulls User Content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #mtmycloset, #profitinyourpocket, #buysmarter (collectively, the “MT MyCloset Hashtags”), or tagging the @mtmycloset account (@mtmyclosetofficial for Facebook account). You acknowledge and agree that the User Content may be used by MT MyCloset, for marketing purposes, including without limitation, email, social media, direct mail etc., or on any sites MT MyCloset owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User Content for identification, publicity related to the Services and similar promotional purposes, including after the termination of your Account or the Services.

You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify MT MyCloset, its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third party resulting from Company’s use of your User Content.

You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MT MyCloset for all claims resulting from User Content you supply. MT MyCloset has the right but not the obligation to monitor and edit or remove any activity or User Content. MT MyCloset takes no responsibility and assumes no liability for any User Content posted by you or any third party. MT MyCloset, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without the requirement of any notice to you.

MT MyCloset reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. MT MyCloset, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the MT MyCloset, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by MT MyCloset. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.

Electronic Communications

By creating an account, you agree that you may receive communications from MT MyCloset, including, but not limited to, newsletters, promotions, special offers, account reminders and updates.

When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting our customer service department at info@mtmycloset.com

Right to Access

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND WEBSITE.

Restricted Activities

With respect to your use of the Services and Website, you agree that you will not:

  1. impersonate any person or entity;
  2. stalk, threaten, or otherwise harass any person, or carry any weapons;
  3. violate any law, statute, rule, permit, ordinance or regulation;
  4. interfere with or disrupt the Services;
  5. post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  6. use the Services in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  8. “frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
  9. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
  10. rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services;
  11. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
  12. link directly or indirectly to any other websites;
  13. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
  14. cause any third party to engage in the restricted activities above;
  15. use the Website and Services for any unlawful purposes;
  16. sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof;
  17. collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section “Communications and Other Content”];
  18. adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
  19. download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;
  20. use any meta tags or any other “hidden text” utilizing MT MyCloset name or trademarks or any third party’s name or trademarks without the express written consent of MT MyCloset or the applicable third party.
  21. publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
  22. collude against another person in restraint of trade and competition;
  23. create a hyperlink to the Website, or any page of the Website, without MT MyCloset’s express written consent; or
  24. imply affiliation with or endorsement or sponsorship by MT MyCloset, or cause confusion, mistake, or deception in connection therewith.

Limitation of Liability and Disclaimer

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY MT MYCLOSET ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MT MYCLOSET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MT MYCLOSET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. MT MYCLOSET DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, MT MYCLOSET’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MT MYCLOSET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MT MYCLOSET IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE SENDING OF ITEMS TO MT MYCLOSET), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE ABOVE LIMITATIONS AND EXCLUSIONS ARE ENFORCEABLE UNDER NEW JERSEY LAW.

You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms. YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.

Dispute Resolution; Binding Arbitration; Class Action Waiver

Informal Dispute Resolution

In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by emailing us at info@mtmycloset.com

If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

MT MyCloset Inc.
Attention: Legal Dispute
17008 90 Ave

Suite #: 437

Edmonton, AB T5T 1L6

Email: info@mtmycloset.com

  • to MT MyCloset at:

    MT MyCloset Inc.
    Attention: Legal Department
    17008 90 Ave
    Suite #:437
    Edmonton, AB T5T 1L6

OR

  • to you at: your last-used billing address or the billing and/or shipping address in your online profile.


You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and MT MyCloset expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. MT MyCloset will provide such notice by email to your email address on file with MT MyCloset and you must provide such notice by email to info@mtmycloset.com During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. You may begin an arbitration proceeding by sending a letter requesting arbitration to MT MyCloset:

MT MyCloset Inc.
Attention: General Counsel
17008 90 Ave
Suite #: 437
Edmonton, AB T5T 1L6

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or MT MyCloset. You agree that MT MyCloset, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. MT MyCloset may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that MT MyCloset may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that MT MyCloset shall not be liable to you or any third-party for any termination of your access to the Services.

MT MyCloset may terminate these Terms immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website; (e) if you transmit or receive any Information using the Website (or cause the same) in violation of these Terms (MT MyCloset, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms. Termination or cancellation of these Terms shall not affect any right or relief to which the MT MyCloset may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to MT MyCloset.

MT MyCloset reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and the discontinuance of functional aspects of the Website. MT MyCloset may also add, withdraw or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day MT MyCloset places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.

General Information

These Terms are for the benefit of, and will be enforceable by, the parties only and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You agree that these Terms and all incorporated agreements may be automatically assigned by MT MyCloset, in our sole discretion.

Except as explicitly stated otherwise, any notices to MT MyCloset shall be given by certified mail, postage prepaid and return receipt requested to:

MT MyCloset Inc.
17008 90 Ave
Suite #:437
Edmonton, AB T5T 1L6

Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to MT MyCloset during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.

These Terms along with our Privacy Policy set forth the entire understanding and agreement between you and MT MyCloset with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If there is any conflict between these Terms and any help text, manuals, or other documents, these Terms shall govern, whether such other documents are prior to or subsequent to these Terms, or are signed or acknowledged by any member of the Company parties.

If MT MyCloset takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, and is awarded damages or other relief at law or in equity in the action, MT MyCloset shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney’s fees incurred and any costs, including non-statutory costs, of any litigation, or proceeding.

To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services or Website contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.

Questions?

If you have questions about these Terms or the Services, please contact us at info@mtmycloset.com

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