Terms and Conditions

I. Acceptance of Terms

These Terms of Use (these “Terms”) govern your access to and use of D’Lux Closet’s (“D’Lux,” “we,” “us,” or “our”) website located at https://dluxcloset.com (the “Website”) and any of our mobile applications (each, an “App”). Please read these Terms carefully before using the Website or an App, as these Terms constitute a legal agreement between you and D’Lux governing your access to and use of the Website and any Apps (the Website and the Apps, along with all services made available by or through or provided in connection with the Website or the Apps, are collectively referred to as the “Platform”). The use and functionality of the Platform are described in the written material provided on or in connection with the Platform (the “Documentation”). Your use of the Platform will be deemed your acceptance of these Terms. If you do not agree with these Terms, please do not use the Platform. You and D’Lux may be referred to individually as a “party” and collectively as the “parties.”

II. Mandatory Arbitration

IMPORTANT NOTICE REGARDING ARBITRATION: BY ACCEPTING THESE TERMS, BOTH PARTIES AGREE TO RESOLVE ANY DISPUTES THROUGH MANDATORY ARBITRATION INSTEAD OF IN COURT. THIS MEANS YOU WILL FOREGO YOUR RIGHT TO A JURY TRIAL, CLASS ACTIONS, AND ANY OTHER COURT PROCEEDINGS. BY USING THE D’LUX CLOSET PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSIDERED THE IMPLICATIONS OF THESE ARBITRATION PROVISIONS.

Mandatory Binding Arbitration of Disputes. The parties agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or arising in connection with the Platform or in connection with the relationship between the parties relating in any way to any of the foregoing (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a court of law in any jurisdiction and not in a class, representative or consolidated action or proceeding.

Arbitration Agreement. The provisions set out in this Section II shall be referred to as the “Arbitration Agreement” in these Terms.

Reason for Arbitration. The parties have chosen to resolve Disputes through arbitration as set out in the Arbitration Agreement to ensure that any Dispute between the parties is resolved in an expedient and cost-effective manner. Both parties agree and acknowledge that while the arbitration process may not have all the benefits of having a matter resolved through the courts the parties have decided that time and cost considerations are paramount, and on that basis, the parties are willing to forego any additional benefits that may be available by having any Dispute resolved through the courts.

Class Action and Jury Waiver. YOU AND CALIFORNIA CLOSETS AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND CALIFORNIA CLOSETS AGREE IN WRITING, YOU AND CALIFORNIA CLOSETS MAY BRING CLAIMS AGAINST THE OTHER ONLY BY WAY OF ARBITRATION AND ONLY IN YOUR AND ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is to be resolved through arbitration, the Arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If the foregoing sentence is found to be unenforceable, then the entirety of this section (Class Action and Jury Waiver) of the Arbitration Agreement shall be null and void. This arbitration provision shall survive termination of these Terms.

Arbitration Act and Rules. You and California Closets agree that the Arbitration Act of Ontario (the “AA”) will govern the interpretation, applicability, validity, enforceability and formation of the Arbitration Agreement, including any claim that all or any part of the Arbitration Agreement is void or voidable, notwithstanding any choice of law or other provision in these Terms. The parties agree that the AA and the Canadian Arbitration Association Arbitration Rules (the “Rules”) of the Canadian Arbitration Association shall pre-empt all provincial laws with respect to the Arbitration Agreement to the fullest extent permitted by law. If the AA and the Rules are found to not apply to any issue that arises under the Arbitration Agreement or the enforcement thereof, then the laws of the Province of Ontario shall apply, without regard to its conflict of laws provisions.

Arbitrator. You and California Closets further agree that the arbitrator (“Arbitrator”), and not any federal, provincial, or local court or agency, shall have exclusive authority to resolve any Disputes concerning the interpretation, applicability, enforceability or formation of the Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Arbitration Specifics. The arbitration will be referred to and finally resolved by arbitration by the Canadian Arbitration Association under the Rules then in effect, except as modified by the Arbitration Agreement.

The arbitration shall take place in Toronto, Ontario. The arbitral tribunal shall consist of one arbitrator. If the parties are unable to agree on an arbitrator, then one shall be appointed in accordance with the Rules. The language of the arbitration shall be English. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties.

Injunctive Relief. Nothing herein shall preclude any party from seeking injunctive relief in the event that the party perceives that without such injunctive relief, serious harm may be done to the party. Nothing herein precludes the parties from first attempting to have the matter resolved through mediation, although neither party shall be required to submit to mediation.

Changes to Arbitration Agreement. Notwithstanding the provisions of Section XVI “Changes to Terms” below, in the event there are any changes to this Section II, and therefore the Arbitration Agreement, after notice of a Dispute has been delivered by one party to the other then the version of the Arbitration Agreement in effect at the time of the notice shall be the version of the Arbitration Agreement that governs the arbitration of the Dispute.

III. Intellectual Property Rights

Definitions. For the purposes of these Terms:

(i) “Content” refers to any text, photographs, graphics, images, videos, logos, data, software, music, audio, and any other materials or works of authorship;

(ii) “User Content” encompasses any Content created, generated, uploaded, posted, stored, displayed, or otherwise made available by users of the Platform (including you) in connection with the Platform;

(iii) “D’Lux Closet Content” includes any Content, other than User Content, that D’Lux Closet may create, generate, upload, post, store, display, or otherwise make available in connection with the Platform. This includes, but is not limited to, D’Lux Closet trademarks, service marks, and copyrights, whether owned by or licensed to D’Lux Closet.

License Granted by D’Lux Closet. Subject to your compliance with these Terms, D’Lux Closet grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and use the Platform and its Content solely in connection with your permitted use of the Platform, and strictly for personal and non-commercial purposes.

All Other Rights Reserved. D’Lux Closet expressly reserves all intellectual property rights in the D’Lux Closet Content and the Platform. Except for the limited license granted in the previous paragraph, nothing within the Platform should be construed as granting any license or right to use the D’Lux Closet Content or the Platform for any purpose without the express written consent of D’Lux Closet.

IV. Ownership, Responsibility, and Removal

Ownership of Content. D’Lux Closet does not assert any ownership rights over User Content, and nothing in these Terms shall restrict your rights to use and exploit your User Content. Subject to the preceding, D’Lux Closet and its licensors exclusively own all rights, titles, and interests in and to the Platform and D’Lux Closet Content, including all associated intellectual property rights. You acknowledge that the Platform and D’Lux Closet Content are protected by copyright, trademark, and other laws of Canada, the United States, and other jurisdictions. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices included in or accompanying the Platform or D’Lux Closet Content.

Rights in User Content Provided by You. By making any User Content available through the Platform, you grant D’Lux Closet a non-exclusive, irrevocable, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute, publicly display, and publicly perform your User Content in connection with the Platform.

Responsibility for User Content. You are solely responsible for all User Content that you provide. You represent and warrant that you own all rights to your User Content or have obtained all necessary rights to grant us the license rights to your User Content as described in these Terms. Additionally, you represent and warrant that your User Content, and your use or provision of your User Content through the Platform, will not infringe, misappropriate, or violate any third-party intellectual or other property rights, rights of publicity or privacy, or result in any violation of applicable laws or regulations.

Removal of User Content. User Content may remain on the Platform even after you cease to use or access the Platform. D’Lux Closet is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content.

V. Prohibited Activities

Prohibited Use of the Platform. You may use the Platform solely for lawful purposes and in accordance with these Terms. You are prohibited from using the Platform:

a) to violate any applicable laws or regulations;

b) to infringe upon the rights of any third party, including, but not limited to, intellectual property, privacy, or contractual rights;

c) for any purpose that is unlawful or prohibited by these Terms;

d) to bully, harass, or cause harm or damage to any individual or entity;

e) to interfere with the proper functioning of the Platform; or

f) to upload, post, or transmit any material that violates any law, infringes upon the rights of any third party, or contains defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable material (as determined by D’Lux Closet in its sole discretion).

Prohibited Activities. You agree that you will not, directly or indirectly, and will not permit any third party to, directly or indirectly, engage in any of the following activities:

a) use, copy, broadcast, distribute, upload, post, or share any D’Lux Closet Content or any part of the Platform in any manner except as permitted by these Terms;

b) rent, lease, loan, license, or sublicense any D’Lux Closet Content or the Platform, or allow any third party to access any D’Lux Closet Content or the Platform, in any manner;

c) modify, enhance, or create adaptations or derivative works of any D’Lux Closet Content or the Platform;

d) assign these Terms or transfer any App to any third party;

e) disassemble, decompile, reverse engineer, or otherwise attempt to generate any source code for any part of the Platform;

f) permit any D’Lux Closet Content or the Platform to be used for the benefit of any third party; or

g) use any D’Lux Closet Content or the Platform except as authorized in these Terms and as described in the Documentation.

Service-Bureau Services. You may not use or permit the use of any part of the Platform for the benefit of any third party, including, but not limited to, providing service-bureau, software rental, subscription service, time-sharing, outsourcing, application service provider, or any other type of service for the benefit of any third party.

Compliance with Laws. You acknowledge that you are solely responsible for complying with all applicable laws and regulations concerning your use of the Platform. D’Lux Closet does not represent or warrant that the Platform or its use complies with all applicable laws and regulations and expressly disclaims all such representations, warranties, and conditions.

VI. Third-Party Websites

The Platform may include links to external websites or resources for your convenience. However, these sites are not controlled by us and are not governed by the D'Lux Closet Privacy Policy (available at https://dluxcloset.com/terms-and-conditions We advise you to review the privacy policies of each linked site to understand how your personal information may be handled.

VII. Privacy

All personal information collected through the Platform is governed by our Privacy Policy. For a detailed explanation of our privacy practices, please refer to the D'Lux Closet Privacy Policy.

You are responsible for ensuring full compliance with applicable privacy laws concerning any personal information you provide to D'Lux Closet in connection with the activities outlined in these Terms. This includes obtaining any necessary consents or providing required notifications as mandated by privacy laws.

By using the Platform, you agree to D'Lux Closet's handling of your personal information in accordance with the Privacy Policy. You also grant D'Lux Closet (and confirm you have the authority to grant such consent) permission to perform all activities as described in these Terms, including the storage, reproduction, processing, and handling of personal information, and its use, disclosure, and transmission in relation to the activities and tasks specified in these Terms and related documentation.

VIII. Disclaimers

The Platform and its content are provided "as is," without any warranties or conditions of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. D'Lux Closet disclaims all warranties and conditions that may otherwise be implied by law.

D'Lux Closet makes no guarantees or representations regarding the availability, timeliness, security, accuracy, reliability, or results of using the Platform or its content.

Any content viewed, downloaded, or otherwise obtained through the Platform is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data resulting from the use of the Platform or the download of any content. Information available on the Platform may refer to products, programs, or services that are unavailable or prohibited in your region.

IX. Limitation of Liability

IN NO EVENT WILL D'LUX CLOSET BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, ANTICIPATED SAVINGS, OR DATA, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, LINE FAILURES, OR BUSINESS INTERRUPTIONS) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PLATFORM OR ANY CONTENT, ANY WEBSITES LINKED TO FROM THE PLATFORM, OR THE MATERIALS, INFORMATION, OR SERVICES OR PRODUCTS OBTAINED FROM OR THROUGH ANY SUCH WEBSITES, OR ARISING IN CONNECTION WITH ANY PRIVACY OBLIGATION WE MAY HAVE, WHETHER STATUTORY OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT OR MATERIALS FROM THE PLATFORM RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN ALL CIRCUMSTANCES, D'LUX CLOSET'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PLATFORM, ITS CONTENT, LINKS, OR IN CONNECTION WITH ANY PRIVACY OBLIGATIONS SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE PLATFORM OR CAD$10.00, WHICHEVER IS HIGHER. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

X. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the Province of Ontario, without regard to its conflict of law provisions. Subject to Section II, any legal action arising out of or relating to these Terms shall be brought exclusively in the courts of the Province of Ontario.

XI. Termination

D'Lux Closet, in its sole discretion, may terminate or restrict your access to the Platform for any reason, including, without limitation, if D'Lux Closet believes you have violated or acted inconsistently with these Terms. Upon termination or discontinuation of the Platform, the following provisions of these Terms will survive: Sections II, IV, VIII, IX, X, and XIV.

XII. Waiver

D'Lux Closet's failure to enforce any portion of the Terms shall not constitute a waiver of any of its rights under these Terms.

XIII. Severability

Except as set forth in Section II, “Class Action and Jury Waiver,” if any provision or part of any provision in these Terms is found to be unenforceable or unlawful, that provision or portion will be severed from these Terms. The severance will not impact the enforceability of the remaining Terms or the Arbitration Agreement, nor will it prevent the parties from compelling arbitration of any remaining claims on an individual basis as stated in the Arbitration Agreement. Claims that must proceed on a class, collective, consolidated, or representative basis will be litigated in a court of competent jurisdiction, not arbitration, and the parties agree to stay litigation of those claims pending the outcome of any individual claims in arbitration.

XIV. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS D'LUX CLOSET AND ITS PARENTS, AFFILIATES, AND EACH OF THEIR PRESENT AND FORMER OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, DIRECTORS, FRANCHISEES, AGENTS, SERVANTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM ANY ACTUAL OR THREATENED CLAIMS, ACTIONS, OR DEMANDS, LIABILITIES, AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING FROM YOUR USE OF THE PLATFORM IN A MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE ANY APPLICABLE LAW OR THESE TERMS.

XV. Delays and Accessibility

The Platform may experience limitations, delays, or failures due to the use of the Internet and electronic communications. We may restrict access to all or part of the Platform from time to time. D'Lux Closet is not liable if the Platform is unavailable at any time for any reason.

XVI. Changes to Terms

We may modify these Terms periodically to account for new technologies, industry practices, regulatory requirements, or for other reasons in our sole discretion. You are encouraged to check these Terms regularly, as continued use of the Platform constitutes acceptance of any changes.

XVII. Changes to the Platform

We may update the Platform and its content from time to time, though the content may not always be current. The Platform and its content may become outdated, and D'Lux Closet makes no commitment to update them.

XVIII. Entire Agreement

These Terms constitute the entire and exclusive agreement between you and D'Lux Closet regarding the Platform and supersede any prior agreements, understandings, representations, or warranties, whether written or oral, relating to the same.

XIX. Comments and Questions

If you have any comments or questions regarding these Terms, please feel free to contact us at:

D' Lux Closet Designer Styled

422 Richards Street, Vancouver, British Columbia V6B 2Z3, Canada

+17782357679