Terms of service

These Terms of Service (hereinafter - Terms) are the proposal of a natural person-entrepreneur Rodtsevych Taras, acting on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations 2017 for № 2 415 000 0000 079046 (hereinafter - the Executor), enter into an agreement on the terms specified therein with any person who has unconditionally accepted the Terms and meets the requirements established by the Terms (hereinafter - the Customer).

These Terms have the legal status of an offer under the terms of the accession agreement.

Before using the LookSize System and this Site, we request  you to carefully read these Terms, separately, regarding the use of the LookSize System, the Executor's Site, warnings about the provision of Services that you may receive through this System, the Executor's Site and other important information.

By accessing and using the Executor's Services, you agree to these Terms, which constitute an agreement between you and the Executor.

If you do not agree to these Terms, you will not be able to access the Services and will not be able to use the LookSize System on this Site.

By registering in the LookSize System by clicking the "Register" button and entering the information required for registration, you confirm that you have read these Terms and the Non-Disclosure Agreement and / or Trade Secrets, and accepted their provisions.

Your acceptance (Acceptance) of these Terms means the conclusion of an electronic agreement between you and the Executor.

To regulate contractual relations in accordance with these Terms, the Parties are guided by these provisions, that is, documents that form an integral part of the Terms, as well as the norms of Ukrainian legislation (Civil Code of Ukraine № 435-IV of 16.01.2003, Commercial Code of Ukraine № 436-IV of 16.01.2003, the Law of Ukraine “On Electronic Commerce” № 675-VIII of 03.09.2015 and other acts governing relations arising under these Terms) and the rules of international law (United Nations Convention on the Use of Electronic Commerce) communications in international agreements of 23.11.2005, Directive 2000/31 / EC "On certain legal aspects of information services, in particular e-commerce, in the internal market" of 08.06.2000 in the cases provided for by these acts, other acts regulating relations arising on the basis of these Terms) in the event that the Customer is a non-resident of Ukraine.

 

1. DEFINITION OF TERMS

1.1. Account – The user account created at the time of authorization on the Executor’s Site and/or the LookSize Service, which allows to identify (authorize) users.

1.2. Acceptance - the User's response to the acceptance of the terms of this Agreement.  Acceptance of the offer means full, unconditional, and without any changes acceptance by the User of the conditions set forth in this Agreement.

1.3. Executor Website - open for a free visual acquaintance of any person, publicly available website, owned by the Executor, is located on the Internet at https://www.looksize.com/ua/, together with all pages, subdomains, and software to display information and provide Services available on the Executor's Site in accordance with this Agreement.

 1.4. Customer's Website - open for free visual inspection by any person, publicly available website owned by the Customer, located on the Internet, together with all pages, subdomains, and software, which provides information display and receipt of Services in accordance with this Agreement.

1.5. Widget - Executor's tool located on the Customer's Website and embedded in the Customer's web page, with the help of which the LookSize Service displays the size and compliance of the selected product with the User's Parameters.

1.6. Executor - a natural person-entrepreneur Rodtsevych Taras, who acts on the basis of an Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations (entry in the USR from 24.01.2017 for № 2 415 000 0000 079046), which belongs rights to the Site of the Executor, which implements technical improvements through the LookSize Service to the Customer's Site and is endowed with the rights and obligations under this Agreement.

1.7. Customer - legal entity or individual entrepreneur who owns an online store and passed the registration on the Executor’s Site.

1.8. Content - information design of the Site, which includes: text, graphics, audiovisual or any other materials.

1.9. User - an individual who views information on the Customer's Site and/or the Executor, has entered his body parameters and/or orders and/or receives goods using the tools of the Customer's Site and/or the Executor's Site and/or the LookSize Service.

1.10. User parameters - measurements of the User's body, age and gender.

1.11. Services - services offered on the Site of the Executor and/or the Customer, including the determination of the ‌size‌ of any‌‌type‌ of ‌clothing‌ ‌or‌ ‌shoes, ‌any‌ ‌brand, entered in the database of brands.

1.12.  Fitting - determination by the LookSize Service and display of information on the product page of the Customer's Website about the size and compliance of the selected product with the User's Parameters. The displayed information is informative and does not force the User to do anything.

1.13. User Profile - a set of data that contains User Settings. A single Account can contain multiple user profiles.

1.14. LookSize service  - a system that determines the size of any type of clothing or footwear of any brand, according to the entered data of the user.

1.15. The script - a piece of code (created in the programming language JavaScript), that ensures the functioning of the LookSize Widget and Service on the Customer's Website.

1.16. Price plan - the corresponding volume of Services of a certain value, posted on the Site of the Executor.

 

2. GENERAL PROVISIONS

2.1. The subject of these Terms is the provision by the Contractor of Services for determining the size of clothing and footwear for Users of the Customer's Website using the technical capabilities of the LookSize Service.

2.2. These Terms, the Non-Disclosure Agreement and / or Trade Secrets constitute the entire agreement between you and the Executor for the use of the Executor's Website and the LookSize Service.

2.3. If the Customer uses the Executor's Website and the LookSize Service, namely: receives or re-accesses, and / or registers on the Executor's Website, and / or inserts the Script on its Site, and / or sends a request to the Support Service, and / or sends a message to e-mail specified on the Executor's Site, it means that the Customer:

2.3.1. Understands the consequences of using the Executor's Site and the LookSize Service;

2.3.2. Agrees to act in accordance with the terms of these Terms when using the Site of the Executor and the LookSize Service, and in case of violation / non-fulfillment, agrees that the Executor has the right to take all necessary measures to eliminate violations and protect their violated rights under these Terms and / or international law;

2.3.3. Agrees to the collection and processing of their personal data in the cases provided for in these Terms, in accordance with current legislation of Ukraine and international law.

2.4. The Executor may, in its sole discretion, make changes to these Terms from time to time. The Executor will publish the changes on the Site, indicating the date of the last edition of these Terms. The Executor has the right, but has no obligation to notify the Customer of changes to the Terms, except to publish them on the Site. The changes come into force from the date of publication of the Terms with the corresponding changes on the Site of the Executor.

2.5. The Customer undertakes to independently and regularly check for updates to the Terms and their latest version.

The Customer also acknowledges and agrees that its acceptance of these Terms and / or use of the Executor's Site after the date of publication of the Terms and Conditions as amended means its full and unconditional agreement with the amended Terms and Conditions. If the Customer does not accept the changed Terms, he must stop using the Executor's Site and the LookSize Service.

2.6. The main language of the Terms and the Executor's Site is Ukrainian, which has precedence over other editions available on the Executor's Site.

By accepting the Terms, the Customer confirms that their provisions, the Agreement on Non-Disclosure of Confidential Information and / or Trade Secrets and any other notices and information on the Executor's Site are set forth in the language of the Terms exhaustively, clearly,  comprehensively, clearly and in an accessible and accessible form.

2.7. Registration of the Customer on the Site of the Executor confirms his unconditional consent to these Terms, the Agreement on non-disclosure of confidential information and / or trade secrets.

 

3. PROCEDURE FOR PROVIDING SERVICES. REGISTRATION ON THE WEBSITE

3.1. To receive the Services in accordance with these Terms, the Customer must register on the Executor's Website in the "For Stores" section, insert the Script on its website (Customer's Website) and notify the Executor in any of the ways: by phone, e-mail.

For correct and fast integration, the Executor provides the Customer with the Script and step-by-step instructions, and the integration itself is done by inserting the Script into the appropriate part of the Customer's Website.

Instructions for installing the Script are in the personal account (Account) of the Customer in the section entitled "Widget settings".

After notifying the Customer, the Executor performs all further settings, namely: matching the categories of goods of the Customer's Website to the categories of the LookSize Service, matching the brands of the Customer's Website to the brands of the LookSize Service, adapting the button and Widget to the Customer's Website style.

3.2. The LookSize service can be installed if the Customer's Website meets the following requirements:

3.2.1. CMS with the ability to integrate third-party scripts or open source online store;

3.2.2. Single product page;

3.2.3. Certain categories of products;

3.2.4. Defined brand;

3.2.5. Determined sex of the person for whom the product is intended.

3.3. To register on the Executor's Site, the Customer or his authorized representative shall enter in the relevant fields of the Executor's Site data on:

The first name and last name of the Customer's contact person;

His/her contact email, contact phone number, the URL of the Customer's Website.

3.4. The Customer's access to the personal account is carried out by means of a login (stated during the registration of the e-mail address) and a password.

3.5. During LookSize Service work, the Executor receives the Customer's website information about the brands, types of products that are "tried on",  User and information about the time and the number of fittings and  parameters Body-measurement Members who attended Website Customer. This data is used to form the filter page "My Size", to form the LookSize Widget, to report to the Customer and to keep records of Samples for creating an invoice according to the Tariff Plan.

3.6. During the operation of the LookSize Service, the Executor receives the User's Parameters, which are used for the formation of the LookSize Service by the “My Size” filter, LookSize Widget, reporting to the Customer and keeping records of Samples and invoicing according to the Price Plan.

 3.7.  In case of placing an order by the User on the Customer's Website using the LookSize Service, the Executor shall provide the Customer with information on the User's Parameters.

3.8. In case of using the LookSize Service on a paid basis at the Customer's request, the Executor shall install the “My Size” button and personalize the Widget in the style of the Customer's Site, within the available capabilities.

3.9. The Executor shall send a monthly invoice to the Customer, on the basis of which the Customer shall pay for the Services. The invoice is sent to the Customer by electronic means no later than the 5th day of the month following the month in which the Services were provided.

 

 Payment for the Services is considered to be the fact of proper acceptance of the Services by the Customer.

If the Customer has an objection to the invoice, he must notify the Executor within 15 calendar days from the date of receipt of the invoice. If such objections are not received, the bill is considered accepted.

Objections to accounts considered by the Parties in the manner specified by these Conditions for dispute resolution.

 

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. By registering on the Executor's Site and accepting these Terms, the Customer agrees and acknowledges that:

4.1.1. The Customer has full legal capacity and has the right to enter into contractual relations with the Executor in accordance with the Terms and requirements of current legislation of Ukraine and international law, which applies to legal relations under these Terms;

4.1.2. The Customer is fully responsible for compliance with the law, which applies to the relationship with his use of the Executor's Site;

4.1.3. Any information on the Executor's Site is provided to the Customer on an "as is and as available" basis and may not be construed as an incentive to action or a clear recommendation or advantage to one of the Users;

4.1.4. Independently and consciously chooses the Service and is responsible for all its actions and omissions based on the information posted on the Executor's Site;

4.1.5. All information posted by the Customer on the Executor's Website, including the information provided during registration, is reliable, accurate, relevant and complete;

4.1.6. Feedbacks that will be left by the Customer on the Executor's Site, any other web resource, in social networks or sent to the Executor's address, which directly or indirectly relate to the Executor, may be publicly available and published on the Executor's Site, any other web resource, in any - any social network on behalf of the Customer in order to inform other persons about the opinion of the customer regarding the received Services;

4.1.7. Using electronic mode of communication, including the means of e-mail, sms-messages for fulfillment of these Conditions.

4.1.8. The Customer confirms its full and unconditional agreement with these Terms and with the changes that may be made in case of recognition of any provisions invalid, null and void or those that can not be applied.

4.2. The  Customer grants permission to the Executor to:

4.2.1. Send messages to the Customer (including e-mail) related to the use of the Executor's Site and the LookSize Service.

4.3. Using the Executor's Site, the Customer undertakes:

4.3.1. To provide the Executor with true, complete, reliable and up-to-date contact information, follow its updates and make changes about yourself in the personal Account on the Executor's Website;

 4.3.2. To not violate the rights and business reputation of the Executor, in particular intellectual property rights;

4.3.3 To not download, transmit, transmit or in any other way not post and / or disseminate any information in the absence of rights to such actions in accordance with current legislation of Ukraine, international law, the Agreement on Non-Disclosure of Confidential Information and / or trade secrets or these Terms;

4.3.4. To not create more than one Account on the Executor's Site, an Account in the name of a third party;

4.3.5. To use the Site of the Executor in accordance with these Terms and Conditions of current legislation of Ukraine and international law;

4.3.6. To store information about registration data, including access login and password, control it, take measures necessary to prevent unauthorized access of third parties, and be fully responsible for any use of such data by the Customer and / or another person;

4.3.7. To not to use any software designed to damage the infrastructure of the Executor's Site, disrupt its timely and proper functioning; attempts to intercept any data and personal information processed by the Executor's Site; performing actions that cause excessive load on the infrastructure of the Executor's Site, or otherwise interfere with the work of the Executor's Site by any means and for any purpose;

4.3.8. To not carry out unauthorized collection and storage of personal data of other Customers, Users;

4.3.9. To inform the Executor about all cases of unauthorized access by any persons and / or programs to the Executor's Site with or without the password and login of the Customer;

4.3.10.  Please join the confidentiality, if it concerns the Agreement on non-disclosure of confidentiality of the information and / or trade secrets, the current legislation of Ukraine and introduces all necessary to maintain the confidentiality of information provided by the Executor, as well as information about the Executor and services provided.

4.4. The customer has the right to:

4.4.1. Leave a feedback on the Executor's Site, any other web resource, in social networks that directly or indirectly relate to the Executor, the Services provided;

4.4.2. Have a proper receipt of Services;

4.4.3. Independently delete the information previously posted by the Customer in the Account on the Executor's Site or completely delete your Account;

4.4.4. Submit to the Executor their wishes and / or suggestions for improving the work of the Executor's Site and / or the LookSize Service.

4.5. The Executor is obliged to:

4.5.1. Properly comply with these Terms;

4.5.2. Provide the Customer with reliable information relating to its activities under these Terms by publishing on the Executor's Website;

4.5.3.  Adhere to confidentiality in accordance with the Agreement on non-disclosure of confidential information and / or trade secrets, current legislation of Ukraine and take all necessary measures to ensure the confidentiality of information provided by the Customer;

 4.5.4. Inform the Customer about all cases of unauthorized access by any persons and / or programs to the Executor's Site with or without the Customer's password and login.

4.6.  The Executor has the right:

4.6.1. At its own discretion, at any time and in any volume to change the provisions of these Terms without the consent of the Customer by publishing such changes in the appropriate section on the Site of the Executor;

4.6.2. To deny the Customer access to the Executor's Site and / or LookSize Service, use the Account, suspend access to the Executor's Site and / or LookSize Service in order to carry out scheduled and unscheduled technical and preventive works, or in case the Customer violates these Terms by prior agreement with Customer;

4.6.3.  At any time to carry out preventive work on the Executor's Site and / or in the LookSize Service to maintain its normal functioning, improve its work and access to it by the Customer;

4.6.4. To store and process the information that the Executor receives in the process of providing Services, namely: data on brands, types of goods "tried" by the User, as well as information on the time and number of Fittings, body parameters of Users who visited the Customer's Website;

4.6.5. To add information about the Customer, including links to its Website and logo, in the section "Our Customers" on the Executor's Website.

 

5. PAYMENT FOR SERVICES

5.1. The cost of Services is set monthly and depends on the actual number of fittings and is 5 cent per fitting.

For Customers with a small number of visitors (Users) free use of the Service has been introduced provided that it does not exceed 1,000 (One Thousand) Samples per calendar month (Free package).

5.2. During the first (test) month, the Executor provides the Services to the Customer free of charge.

After the end of the test month, the Customer pays for the services actually provided for the following months in accordance with paragraph 5.3. of these Terms.

5.3. Payment for the provided Services shall be made within 10 calendar days from the date of receipt of the invoice from the Executor, and shall be determined by the actual number of Repairs.

5.4. In case the Customer is overdue for the Services, he is obliged to pay the debt within 30 calendar days. If the Customer fails to fulfill the obligation within the prescribed period, he may use only the Limited package of services until the debt is repaid.

5.5. The Executor unilaterally sets the cost and conditions for the provision of Services under all Tariff Plans. The established cost and conditions of providing the Services are valid until the next change in the cost of the Services.

Changes in the cost and terms of the Services shall be notified to the Customer at least 30 calendar days before the entry into force of these changes by posting the relevant information on the Executor's Website and e-mail.

 5.6. Settlements between the Parties are made in the national currency - hryvnia by transferring funds to the settlement account of the Executor through payment systems or directly through the bank. The Customer independently chooses the method of payment for the Services.

 

6. RESPONSIBILITY OF THE PARTIES

6.1. The Executor uses generally accepted standards of technological and operational protection of information and personal data of the Customer from loss, misuse, alteration, or destruction, as well as measures for the proper operation of the LookSize Service, the Executor's Site. However, despite all efforts and precautions, the Executor cannot guarantee the constant, error-free, accurate operation of the LookSize Service, the Executor's Site, absolute protection of information from any threats arising outside its regulation, including but not limited to, if such threats have arisen as a result of illegal/negligent actions of the Customer, its representatives, employees, authorized persons.

The Executor provides access to information and personal data of the Customer only to authorized employees/persons who have agreed to ensure the confidentiality of such information and data in accordance with the requirements of the Executor.

The Customer undertakes to take all necessary and dependent measures when using the Service, the Executor's Site to protect its equipment or software from viruses.

6.2. The Executor is not responsible in case of:

6.2.1. Ignorance or non-observance by the Customer, his authorized persons/employees/representatives of these Terms or non-acquaintance with the Agreement on non-disclosure of confidential information and/or trade secrets;

6.2.2. The negligent attitude of the Customer / his authorized persons/employees/representatives to security measures and protection of his personal or other data provided by the Customer to comply with the terms of these Terms;

6.2.3. Impossibility of fulfillment of the undertaken obligations, due to unreliability, insufficiency, and untimeliness of providing information and documents by the Customer accordingly and on fulfillment of conditions of these Conditions.

6.3. The Customer is solely responsible for the information provided in his Account.

 

7. CIRCUMSTANCES DUE TO FORCE MAJEURE

7.1. The Parties shall be released from liability for full or partial non-fulfillment of their obligations under these Terms, if this non-performance was the result of an event or force majeure (force majeure) that arose after the conclusion of these Terms.

7.2. The Circumstances of force majeure or event shall mean circumstances which preclude or objectively impede the fulfillment of Conditions which are of an objective nature and which the Parties could not foresee or prevent.

The parties include the following conditions, in particular: circumstances caused by exceptional weather conditions and natural disasters, interruptions in the operation of communication networks, failure or disconnection of electricity supply, interruptions in the operation and access to the Internet and other communication networks, actions or orders of public authorities, currency restrictions, local or national emergencies, blockades, military embargoes, general military mobilization, military action, acts of terrorism, revolutions, uprisings, mass riots, strikes, accidents, illegal actions of third parties, epidemics, fire, explosion, long breaks in transport, embargo, prohibition (restriction) of export / import, conditions regulated by relevant decisions and acts of public authorities and local governments, as well as circumstances related to the elimination of consequences caused by exceptional weather conditions and unforeseen situations, as well as other circumstances which are beyond the reasonable control of the Parties.

7.3. The party for whom force majeure has arisen is obliged to inform the other Party about the occurrence no later than 2 (Two) working days from the date of their occurrence in writing (by sending a valuable letter with a description of the attachment and notification of delivery or sending an e-mail) of such circumstances and their consequences. At the same time, such a Party is obliged to apply to the Chamber of Commerce and Industry of Ukraine (another body authorized by the current legislation to certify the occurrence of force majeure) to obtain a document certifying the occurrence of force majeure. Upon receipt of such a document, the Party is obliged to provide it to the other Party within 2 (Two) working days from the date of its receipt. Similar actions are performed by the Party in case of termination of force majeure and their consequences.

7.4. If a Party affected by force majeure does not notify or does not notify the other Party in a timely manner of such circumstances, that Party shall be deprived of the right to invoke force majeure as a reason for non-performance of its obligations.

7.5. If force majeure lasts more than 1 (one) month, either Party has the right to terminate these Terms. In this case, the Terms shall be deemed terminated from the date of receipt by the Party of the notification of the other Party's waiver of the Terms or from the 5th (fifth) calendar day from the date of the Party's notice of waiver (whichever occurs first). In such a case, neither Party shall have the right to require the other Party to pay damages.

 

8. DISPUTE RESOLUTION PROCEDURE

8.1. All disputes and disagreements arising in connection with these Terms shall be resolved through negotiations between the Parties in the manner prescribed by the applicable law of Ukraine.

8.2. In the event that the Parties have failed to resolve the dispute through negotiations, either Party has the right to go to court in accordance with the rules of jurisdiction established by the legislation of Ukraine.

 

9. TERM OF ACTION TERMS AND ITS TERMINATION

9.1. These Terms and Conditions shall start at the moment of registration of the Customer on the Executor's Site and shall terminate at the moment of full fulfillment by the Parties of the obligations under these Terms and Conditions.

9.2. These Terms shall be valid for one year, but in any case, until the Parties have fully fulfilled their obligations under these Terms. This Condition is considered extended for 1 year on the same terms if neither Party has stated in writing its desire to terminate these Conditions within one month before the expiration of their validity.

9.3. These Terms may be terminated at the request of one of the Parties by a written agreement. In this case, the Party that has taken the initiative to terminate the Terms shall notify the other Party thereof no later than 1 (one) month before the planned date of termination of the Terms.

9.4. Termination of these Terms does not release the Parties from liability for their violation that occurred during the validity of these Terms. 

10. INTELLECTUAL PROPERTY

10.1.  Subject to the content provided to the Customer, the Executor is the sole owner of all intellectual property rights related to the Executor's Site, Services, LookSize Service, it's content (including messages, images, design, logos, videos, sound recordings, data, and graphics) and software and databases that ensure their operation.

10.2. The Executor grants the Customer the exclusive, personal, and inalienable right to use the Executor's Site and the LookSize Service in accordance with the purposes of the Customer's Site and the purposes of these Terms.

10.3. Any other use or operation of the Executor's Site and/or the LookSize Service, its content, without the prior written permission of the Executor, is prohibited, namely:

10.3.1. Reproduction, modification, adaptation, distribution, public presentation, and distribution of the LookSize Service, Services and Content, except as expressly permitted by the Executor;

10.3.2. Decompilation and reverse engineering of the LookSize Service or Services, subject to the exceptions provided in these Terms;

10.3.3. Removal or attempt to remove (in particular, using robots that extract data or other similar means of data collection) a significant part of the data of the Service.

11. FINAL PROVISIONS

11.1. These Terms and all legal relations arising from or related to these Terms, including those related to the validity, conclusion, implementation, amendment and termination of these Terms, interpretation of their provisions, determination of the consequences of invalidity or violation of the Terms, are governed by these Conditions, norms of the current legislation of Ukraine and / or international agreements.

11.2. Recognition of any provision of these Terms as invalid, null and void or not applicable does not cause invalidity or invalidity of the Terms in general, unless otherwise provided by current legislation of Ukraine and / or international agreements.

11.3. These Terms are binding on the Parties as well as their legal successors. The Customer has no right to transfer all or part of its rights under these Terms to third parties without the prior written consent of the Executor.

The Executor may, without any reservations and at any time, transfer or assign the rights and obligations under these Terms in whole or in part to third parties of its own choice.

11.4. Changes and additions to these Terms are an integral part of the Terms and take precedence over the Terms if they conflict with them. The changes take effect from the moment of their publication on the Executor's Site.

11.5. The electronic version of these Terms, including any electronic or sms-message is equivalent to official communication on paper, does not require additional certification, must be considered appropriate evidence, and have the same force as any other documents or messages, made on paper, and shall be used in resolving any claims or disputes that may arise regarding the fulfillment of these Terms.