Acceptance of Terms

Working Dog Ventures Ltd. (hereinafter “Working Dog”, “we” or “us”) is the owner and operator of myWardrobe, a mobile application (hereinafter, the “App”) that allows members to buy and sell pre-loved or never worn clothing of quality and good condition through a non-monetary trade platform (hereinafter, the “Services”). These Terms of Use apply to your use of the App and the Services.

The App contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, technical information, and other content, as well as available features or services discussed, referenced, provided or offered through or on the App (collectively with all information and material about Working Dog and its Products and Services, “Content”). The App is intended for use only by users who are at least 18 years of age or have the consent of a parent or guardian to use the site.

PLEASE NOTE: Your access to and use of this App are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Only entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law are permitted to use the App and/or establish a App account where applicable. 

Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the App or any information or Content contained on the App. This is a contract in electronic form, and your access to and use of the App constitutes your acceptance of and agreement to abide by these Terms of Use. These Terms of Use may be changed, modified, supplemented or updated by us from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this App after such changes are posted. Unless otherwise indicated, any new Content added to this App will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the App and these Terms of Use periodically for updates and changes.

Please contact us as indicated in the “How to Contact Us” section below if you have any questions or would like additional information regarding these Terms of Use.

Privacy Policy and Return Policy

Our Privacy Policy describes Working Dog’s information practices and procedures for personal information we collect through the App. Our Return Policy sets out Working Dog’s practices and procedures for returns and refunds through the App. Both the Return and Privacy Policies explicitly form part of these Terms and Conditions, and the terms and definitions contained in these Terms and Conditions apply to those policies. We strongly urge you to review both our Privacy Policy and Return Policy as they may affect your rights.

Fees and Payments

By selecting a paid service, you agree to pay Working Dog the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. You agree to allow Working Dog, or our payment affiliates or service providers, to process and/or store your payment card information. You also agree to pay the applicable fees for the Products and Services as they become due plus all related taxes, and to reimburse us, our payment affiliates and any service providers for all collection costs and interest for any overdue amounts. Service fees are refundable only within the first 30 days of service.

Acceptable Use Policy

This Acceptable Use Policy describes actions that Working Dog prohibits when you use the Services. By using the Services, you consent to this Acceptable Use policy. If you do not agree to comply with this policy, please do not use the Services. We may in our sole discretion determine whether you are in violation of this Acceptable Use Policy. Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited.

In particular, but without limiting the generality of the foregoing, you agree that your use of the App or Services shall not include any of the following which shall be collectively defined as (“Misuse”). This is not an exhaustive list:

• Attempting to break or bypass any security mechanism in our Services;
• Using our Services in any manner that may subject Working Dog or any third party to liability, damages, and violations of law or danger;
• Engaging in fraud, either with Working Dog or with any third party;
• Promoting or engaging in illegal activities;
• Using our Services in a manner not authorized by Working Dog or in violation of law;
• Sending unsolicited marketing messages or broadcasts (i.e. spam);
• Harvesting, or otherwise collecting information about others, without their consent;
• Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
• Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
• Post, upload, display or otherwise make available Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that advocates harassment or intimidation of another person;
• Post any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile, including impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
• Post any Content that is not entirely your own or for which you do not have full rights to use;
• Post or sending material that exploits minors in a sexual or violent manner, or solicits personal information from anyone under 18;
• Solicit gambling or engage in any gambling or similar activity;
• Engaging in, or encouraging other users of the App to engage in, any activity that Working Dog believes could subject it to criminal liability or civil penalty/judgment; or
• Engaging in any behavior or activity that Working Dog deems to be improper, harassing, abusive, or a nuisance towards any other user of Working Dog’s services.

Working Dog expressly disclaims any liability for your Misuse of the Services. We reserve the right to monitor any content you post on the App or as part of the Services (hereinafter, “User Content”). We will have the right to remove any User Content that in our sole opinion (i) violates, or may violate any applicable law or either the letter or spirit of this Agreement, (ii) may harm our reputation, or (iii) upon the request of any other App user or third party. We will have the right to investigate and take appropriate legal action if a user violates any provisions herein, including removal from the App and the Services.

We reserve the right to change the Acceptable Use Policy from time to time without notice by posting changes to our App.

Limited License and App Access; All Rights Reserved

We hereby grant you a limited, non-exclusive and revocable license to access and make personal use of this App, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Working Dog. This license does not include any resale or commercial use of this App or the Content; any collection and use of any pages; any derivative use of this App or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this App nor any portion of this App may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Working Dog. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Working Dog without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Working Dog or any third party’s name(s) or service marks without the express written consent of their respective owners. We (or the respective third party owners of Content) retain all right, title, and interest in this App and any Content, features and services offered on this App, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Working Dog.

Copyright

Except as otherwise expressly stated, all Content appearing on this App is the copyrighted work of Working Dog, its users or its third party content suppliers and are protected by Canadian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Working Dog and is protected by Canadian and international copyright laws.

You may download information from this App and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this App, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Working Dog or any applicable third party suppliers. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by Working Dog. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. Working Dog does not warrant or represent that your use of Content or any other materials displayed on this App will not infringe rights of third parties. If you believe that any Content on this App violates or infringes upon your intellectual property rights, please notify us immediately with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

Trademarks and Service Marks

Working Dog, Working Dog.com, and all other trademarks, service marks, graphics and logos used in connection with Working Dog.com, or the App are trademarks or registered trademarks of Working Dog or Working Dog’s licensors. The name of this App, all page headers, custom graphics, and button icons are service marks, trademarks, and/or logos of Working Dog. All other trademarks, service marks, names of Products and Services, company names or logos, whether registered or not, on the App are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this App without the prior written authorization of their owners.

Ownership of information submitted via this App

With the exception of any personal information you submit (which shall be maintained in accordance with our Privacy Policy), any information you transmit to us via this App, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Working Dog. Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Working Dog shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via this App or by any other means for any purpose whatsoever. When you submit any material or information protected by intellectual property rights (e.g., photos, videos, articles, etc.) to the App, you represent, warrant and covenant to Working Dog that you have the necessary rights to copy and display such information. Furthermore, you covenant and specifically grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with the App. This license ends when you delete such content or your account unless your content has been shared with others and they have not deleted it.

Password Accounts, Passwords, and Security

If you have been given the option to open an account on this App that will provide you with access to password protected portions of the App and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, which includes: (i) your name, (ii) your mailing address (iii) primary administrator information for the account, and (v) billing and related information, and choose a password and user name.

You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Working Dog of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Working Dog will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Working Dog or another party due to someone else using your account or password. You may not use anyone else’s account at any time.

Use of Real Names

In order to keep our online community safe, we require that our users provide their real first and last names when creating an account on the App. There, you will not be allowed to include any symbols, punctuation, or any other characters or combinations of characters that would distort your real name.

If at any point in time we discover that you have used a fake name, or distorted your real name in any way, we reserve the right to immediately delete your account or take any other steps we deem to be reasonably necessary in each particular situation.

Right to Monitor

Working Dog neither actively monitors general use of this App under normal circumstances nor exercises editorial control over the content created or accessible over or through this App by users or third parties. However, Working Dog does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in our sole discretion, may be illegal, may subject Working Dog to liability, may violate these Terms of Use, or are, in the sole discretion of Working Dog, inconsistent with Working Dog’s purpose for this App.

No Editorial Control of Third Party Content; No Statement as to Accuracy

To the extent that any of the Content included in the App is provided by users or third party content providers, Working Dog has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this App are those of such users or third party suppliers. Working Dog does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on this App or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Working Dog.

Links to Third Party Apps

This App may contain hyperlinks to other sites owned and operated by parties other than Working Dog. Such hyperlinks are provided only for ready reference and ease of use. We do not control such Apps and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this App provides hyperlinks to other Apps that are not owned, operated or maintained by Working Dog, you acknowledge and agree that we are not responsible for and are not liable for the content, products, services or other materials on or available from such Apps. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party Apps or for any action you may take as a result of linking to any such App. Any such Apps are likely to set forth specific terms of use and privacy policies that you should review. Working Dog is under no obligation to maintain any link on this App and may remove a link at any time in its sole discretion for any reason whatsoever. Working Dog shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such App. Working Dog is not responsible for the privacy practices of any other Apps.

Applicability of Other Terms

In addition to this Agreement, additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of available features, Content, or the purchase of Products and Services from Working Dog, its subsidiaries or its affiliates. If applicable, these Other Terms will be set forth (i) where you are permitted to access such available features and Content, or purchase Products and Services or (ii) in a link adjacent to where you are permitted to access such available features, Content, or purchase Products and Services. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement conflicts with the Other Terms, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.

Reservation of Rights

Working Dog reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the App, (iii) to remove any Content from the App, and (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the App or any subscription to the App, in whole or in part, including, but not limited to, as Working Dog deems necessary for purposes of maintenance, upgrades and the like, to maintain the App or to comply with applicable law. Working Dog shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the App or subscriptions to the App and shall have no obligation to refund any fees paid pursuant to this Agreement.

Limited Warranty and Warranty Disclaimer

Content and other information contained on this App has been prepared by Working Dog as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Working Dog has used reasonable efforts in collecting, preparing and providing quality information, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this App or any other App maintained by Working Dog. Users relying on Content or other information from this App do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the use of the App and the Services, but are provided solely for general informational purposes.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. All Content and Services are provided on an “as is” or “as available” basis, and Working Dog expressly disclaims all warranties and conditions with respect to the App, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, quiet enjoyment and accuracy. Working Dog makes no warranty that the Content is accurate, timely, uninterrupted, virus-free or error-free, or that any such problems will be corrected.

LIMITATION OF LIABILITY

MyWardrobe is an app designed solely to put buyers and sellers in contact with each other, and is not responsible for the acts or omissions of users of the App. Working Dog does not under any circumstance provide a guarantee of the quality of items purchased via the App. Please review the return policy for an overview of what to do in the event that a purchased item is not of the quality you expected.

In addition to the above warranty disclaimers, in no event will (A) Working Dog be liable for any consequential, exemplary, special, or incidental damages, including any damages for lost profits, arising from or relating to your use or the inability to use the App, Services, or Content, even if Working Dog knew or should have known of the possibility of such damages, and (B) Working Dog’s total cumulative liability arising from or related to the App or your use of the Services, whether in contract or tort or otherwise, exceed the greater of one hundred dollars ($100.00) or the purchase price or fees paid by you to Working Dog, its subsidiaries or its affiliates in connection with the use of the site or the services.

Compliance with All Laws

You represent and warrant that your use of the App and the Services will be in accordance with the Working Dog Privacy Policy, with these Terms and Conditions, with any other applicable laws and regulations, including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding the Services, online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside, and with any other applicable policy or terms and conditions. You further represent and warrant that your collection and use of your customer’s personally identifiable information or technical data shall be in compliance with all applicable federal, provincial, and local laws, rules, and regulations as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of any of your customer’s personally identifiable information or technical data (collectively “Privacy Laws and Regulations”). Failure to comply with Privacy Laws and Regulations may result in the immediate suspension and/or termination of your account, as well as civil and/or criminal liability.

Indemnification

You agree to defend, indemnify and hold harmless Working Dog, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively “Working Dog Indemnitees”) from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the App, Services, or Content, your breach of the Terms of Use as stated herein or as modified from time to time in Working Dog’s sole discretion, your inability to access the App, the use of any linked sites, your reliance on any errors or omissions on the App, or the propagation and/or contraction of any computer virus in connection with your use of the App and/or the Content.

Force Majeure

Neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

Notices

Any notices to you from Working Dog regarding the App or these Terms of Use will be posted on this App or made by e-mail.

Electronic Communications

When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. 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 further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Entire Agreement

These Terms of Use, the Privacy Statement and Notice of Privacy Practices and related Cookie Policy, and Other Terms or policies we may post on this App constitute the entire agreement between us and you in connection with your use of this App and the Content and supersedes any prior agreements between us and you regarding use of this App, including prior versions of these Terms of Use.

Governing Law; Jurisdiction; Venue; Severability of Provisions

The Terms of Use are governed by the laws of the province of British Columbia and the laws of Canada applicable therein. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a portion of these Terms of Use as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of British Columbia, and you hereby consent and submit to the exclusive jurisdiction of such courts.

No Agency Relationship

Neither these Terms of Use, nor any Content, materials or features of this App create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

How to Contact Us

If you have any questions about these Terms of Use or would like to learn more about us, please email us at info@mywardrobeonline.org or write to us at Working Dog Ventures Ltd, PO Box 51565 Park Royal, West Vancouver, BC, V7T 2XP.

3rd Party Content Attribution

This website makes use of the following assets from 3rd parties that require attribution:

• https://www.svgrepo.com/svg/293492/ecology-green
• https://unsplash.com/photos/m7zKB91brGo