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My Dorm Store Terms of Use
Welcome to My Dorm Store! My Dorm Store is an online service that allows students to purchase a subscription to home goods (the “Service”), which is owned and operated by My Dorm Store Inc. (“MY DORM STORE”/’we’/’us’). If you visit or buy a subscription from us through www.mydormstore.ca (the “Website”) , you confirm your acceptance these Terms of Use.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Service to you.
Please note that these Terms of Use may be amended or updated by us from time to time and the Terms may therefore have changed since your last visit to this site. It is your responsibility to review these Terms of Use for any changes. Your use of the site and our services after any amendments or updates to these Terms of Use shall signify your acceptance of such revised terms. You should visit this page periodically to review these Terms of Use.
Please review our Privacy Policy, which also governs your visit to our site to understand our practices concerning the collection and use of information.
I. GENERAL LEGAL TERMS
Account and Profile Settings: You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
You are required to have an account name and password for certain activities on the Website, including the purchase of home goods. We may cancel or suspend at any time your account name and password at our discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using the account name and password to access and use the Website. We may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your account name and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. We do not assume any responsibility, or will be liable, for any damages arising from or related to your failure to keep your password secure.
Profile and Account Data: All information you provide through the Website, including registration information (name and email address), address for delivery (including the name of the applicable student residence, where applicable), payment information (credit card numbers and expiration dates), transaction-related information, must be true, accurate, current and complete. We will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, us or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
Copyright and Trade Mark Information. All content included on this site, such as text, graphics, trademarks, slogans, logos, button icons, images, audio clips, digital downloads, data compilations, software is the property of MY DORM STORE or its content suppliers and is protected by Canadian and international copyright laws. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with our prior written permission. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
Intellectual Property Rights. If You provide MY DORM STORE with any suggestions, comments or other feedback ("Feedback") relating to the Website, MY DORM STORE may use such Feedback in the Website or in any other MY DORM STORE Service, You agree that: (a) MY DORM STORE is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to MY DORM STORE, (c) MY DORM STORE (including all of its successors and assigns and any successors and assigns of the MY DORM STORE Service) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in the MY DORM STORE Service, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from MY DORM STORE or any of the other users of the Website.
Changes. We may alter, suspend, or discontinue this Website or the Services at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and goods on this Website without notice.
Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by MY DORM STORE. MY DORM STORE is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-MY DORM STORE websites does not imply that MY DORM STORE endorses or accepts any responsibility for the content or use of such websites, and You hereby release MY DORM STORE from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
No Implied Endorsements. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by us of that third party, third party product or service.
DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY DORM STORE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. MY DORM STORE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY GOODS OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND MY DORM STORE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MY DORM STORE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF MY DORM STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Release. Because MY DORM STORE cannot guarantee the true identity, age, nationality of Website users, and because MY DORM STORE has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website you agree that you bear all risk and you agree to release MY DORM STORE (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and organizers and creators or hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Website, your third party transactions, MY DORM STORE resolution of any disputes among users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD MY DORM STORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR SUBSCRIPTION, YOUR USE OF THE WEBSITE, YOUR USE OF THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
Termination of Website Use. MY DORM STORE may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to breaches or violations of these Terms of Use, discontinuance or material modification to the Website (or any part thereof), unexpected technical, security or legal issues or problems.
You acknowledge and agree that all terminations may be made by MY DORM STORE in its sole discretion and that MY DORM STORE shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by MY DORM STORE shall be in addition to any and all other rights and remedies that MY DORM STORE may have.
Enforcement of Terms and Conditions. If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of MY DORM STORE to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by MY DORM STORE must be in writing and shall only apply to the specific instance identified in such writing. No waiver by MY DORM STORE of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or Your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
Applicable Law: The laws of the Province of Ontario, and the federal laws of Canada will govern these Terms of Use without giving any effect to any principles of conflict of law.
II. PURCHASE TERMS
A. General Purchase Terms
The Service: The Service permits you (a) purchase either a laundry or shower package, further described on our Website (the “Laundry and Shower Goods”); and/or (b) to lease to own specific home goods, which may include bedding, pillows, desk accessories and towels (the “Living and Decorating Goods”) through for a specific Term, defined below, for personal use only (the “Subscription”).
Service Availability: You may only purchase the Laundry and Shower Goods, and/or the Living and Decorating Goods (collectively, the “Goods”) if you are a student currently enrolled at the University of Toronto and where your delivery address for the specified by you upon purchase is within the City of Toronto (“Delivery Address”). By agreeing to these Terms and making a purchase on the Website, you represent that you are at least the age of majority in your Ontario and a student enrolled at the University of Toronto with a Delivery Address in Toronto.
Delivery: MY DORM STORE is responsible for delivering the Goods to the Delivery Address. The date of delivery of the Goods will be confirmed by MY DORM STORE by way of email. For clarity, the delivery of the Goods will take place prior to the start of the Fall Semester at The University of Toronto.
Orders and Limits: You may not use or resell our products for any illegal or unauthorized purpose.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
Prices and Fees: All prices on this Website are subject to change without prior notice. Any changes in pricing that may occur before, during or after a purchase, as a result of a tour operator change, are not the responsibility of MY DORM STORE. Once an order is complete, pricing CANNOT be adjusted.
Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (this includes retaining collection agencies and legal counsel).
Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it.
We may offer certain promotions or discounts on the Website, which may be updated from time to time.
All credit cards must be valid, authentic and you must be authorized to use them. If a charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further liability or obligation to you. We reserve the right to stop accepting credit cards from one or more issuers at any time.
Disclaimer: Except as expressly provided in this Agreement, there are no other representations or warranties, express or implied, statutory or otherwise, made by either party to the other including without limitation, the warranties that the Service and Goods are free of defects, merchantable or fit for a particular purpose. Specifically, Company makes no representation or warranty regarding the merchantability, fitness for a particular purpose or functionality of the Service and Goods. This disclaimer of warranty constitutes an essential part of this Agreement.
LIMITATION OF LIABILTY: MY DORM STORE, ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CAUSE OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), LIABILITY OR DAMAGE OF ANY KIND FOR ANY CAUSE RELATED TO OR ARISING OUT OF THE PURCHASE OF THE GOODS OR THE SUBSCRIPTION, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, IN EXCESS OF THE TOTAL FEES AND CHARGES PAID BY YOU FOR THE GOODS OR SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY DORM STORE OR ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF MY DORM STORE’S NEGLIGENCE OR FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOSS OF BUSINESS, LOST PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, LOST DATA OR ANY FAILURE OF SECURITY RESULTING IN ANY WAY FROM THE CUSTOMER USE OF EQUIPMENT OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity: The Customer will indemnify and hold harmless the Company and its officers, directors, shareholders, employees and agents from and against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to your use of the Goods or Subscription.
Tax Policy and Exemptions: Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact our Customer Service team to ensure compliance with federal and provincial tax laws, all requested forms and information must be received and verified by our Customer Service team before a tax refund can be processed
Catalogue and Product Descriptions: All features, specifications, products and prices of goods and Service described on this Website are subject to change at any time without notice. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors.
Force Majeure. MY DORM STORE shall not be liable to the other for any failure or delay in performance by circumstances beyond its control, including but not limited to, acts of God, fire, labour difficulties, governmental action or terrorism, provided that the party seeking to rely on such circumstances gives written notice of such circumstances to the other party hereto and uses reasonable efforts to overcome such circumstances.
Refunds and Return: MY DORM STORE may accept return of Goods, in its sole discretion on a case by case basis.
B. Subscription Terms
Term: Upon your purchase of the Subscription on the Website, you will enter into an Agreement with MY DORM STORE that shall continue until May 1, 2023.
Use: You are responsible for the Living and Decorating Goods for the duration of the Subscription Term. You shall use the Living and Decorating Goods for personal use only in a non-smoking household and not for any commercial purpose. You will use the Living and Decorating Goods in a good and careful manner and for a purpose for which it was designed and not for any other purpose. You must regularly maintain the Living and Decorating Goods during the Term as appropriate. For example, where the Goods include sheets or towels, you must regularly wash the sheets and towels.
Ownership of Goods: At all times during the Term, you acknowledge that the Living and Decorating Goods are the sole property of MY DORM STORE. Upon the expiry of the Term, where you have paid all Fees for the duration of the Term and subject to your compliance with all terms of this Agreement, MY DORM STORE shall assign ownership of the Living and Decorating Goods to you.
Free of Encumbrance: At all times during the Term, you will not encumber the Living and Decorating Goods, pledge the Living and Decorating Goods as security in any manner or allow the Living and Decorating Goods to be encumbered by a third party.
Subscription Fees: The monthly fee for the Subscription is $35 CAD (the “Fees”).
Your credit card will be charged on a monthly basis for the Fees beginning in September 2022 and for the remainder of the Term. Charges to your credit card will begin only once the Living and Decorating Goods have been delivered to you by MY DORM STORE. For clarity, where you sign up for the Subscription prior to September 2022 and provide us with your credit card information, there may be a $0 hold charge placed on your credit card during the period prior to September 2022. We will not charge you the monthly Fees prior to successful delivery of the Living and Decorating Goods.
Pre-authorized Payment: By providing a credit card to MY DORM STORE as part of your account set-up for pre-authorized payments for the Term of the Subscription, you authorize use to charge your credit card for all outstanding Fees, taxes and charges and outstanding account balances due under the Agreement, and this constitutes MY DORM STORE’s good and sufficient authority for so doing. If your pre-authorized payment method fails, we will provide notification to you of payment failure. If you fail to rectify the payment failure within ten (10) days of written notice, we may immediately terminate your Subscription without notice to you and collect Fees owing for the remainder of the Term using other collection mechanisms. You are responsible to pay all sums expended by us (including reasonable legal fees) in collecting overdue payments or other fees owed.
Events on Termination: MY DORM STORE may immediately terminate your Subscription without notice to you where you fail to rectify any payment failure within ten (10) days of written notice. Upon Termination of your Subscription by MY DORM STORE, you shall be required to pay MY DORM STORE all Fees owing for the remainder of the Term and a penalty fee of $50.