User Agreement

The following text of the User Agreement (hereinafter - the Agreement), addressed to an indefinite number of persons: visitors of the website, which is on the Internet at https://www.looksize.com/ua/ (hereinafter - the Executor's Site), as well as individuals who use the LookSize Service when ordering goods on the Sites of Online Stores (which are in a contractual relationship with the Executor).

This Agreement determines the procedure for using the Site of the Executor and/or the LookSize Service, owned by a natural person-entrepreneur RodtsevychTaras, 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 dated January 24, 2017, for № 2,415,000 0000 079046.

Please read this Agreement carefully before using the Executor's Site and/or the LookSize Service. If you do not agree to the terms of the Agreement (in whole or in part), you are not granted the status and rights of the User and you are prohibited from using the Executor's Site and LookSize Service, including, but not limited to, any information posted on the Executor's Site and/or Service LookSize and any services provided through the technical capabilities of the Executor's Site and/or the LookSize Service.

This Agreement is a public offer in accordance with the current legislation of Ukraine. Use of the Executor's Site and/or the LookSize Service, including filling in various forms, fields, registration on the Executor's Site and/or the LookSize Service, signifies your agreement to the terms of the Agreement.

1. DEFINITION OF TERMS:

1.1. Account — 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's site, 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 of 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, 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.

2. GENERAL PROVISIONS

2.1.  The subject of this Agreement is the provision of Services by the Executor to the User through the technical capabilities of the LookSize Service.

2.2. User by affixing a mark of acceptance of this Agreement accepts all the terms of this Agreement, including, but not limited by authorization on the Site Executor and/or the Customer's website and/or services LookSize your account (account), providing their personal data in the relevant sections of the Customer's Site and/or the Executor and/or the LookSize Service.

 2.3. The provisions of this Agreement shall apply to all users of the Site Executor and/or the Service LookSize - both users that do not have an account in the LookSize Service or users who have an account (registered users) in the LookSize Service, as well as Users who view the product, order the product on the Customer 's Site using the LookSize Service.

2.4. This Agreement may be amended and/or supplemented by the Executor unilaterally without any special notice. This Agreement is an open and publicly available document. The Executor recommends that Users regularly check the terms of this Agreement for changes and/or additions. Continuation of use of the LookSize Service and/or the Executor's Site and/or the Customer's Site, by the User after making changes and/or additions to this Agreement means acceptance and consent of the User with such changes and/or additions.

2.5. Regarding the operation and development of the Executor's Site and/or LookSize Service, the Executor is guided by the current legislation of Ukraine, international law, this Agreement, and other special documents developed or may be developed and adopted by the Executor to regulate the provision of Services to Users.

3. USE OF LOOKSIZE SERVICE, CUSTOMER'S AND / OR EXECUTOR'S WEBSITE. REGISTRATION ON THE SITE OF THE EXECUTOR

3.1. To receive the Services in accordance with this Agreement, the User must enter their Parameters in the LookSize Service Widget, required to determine the size of a specific product (clothing, footwear) offered by the Customer.

3.2. Depending on the amount of use of the LookSize Service, Users are divided into unregistered and registered.

3.2.1. Unregistered Users are Users who have only entered their Measurements and have not created an Account (have not passed the registration process in the LookSize Service Widget and/or on the Executor's Site).

Based on the provided Parameters, the LookSize Service determines the compliance of the size of a product (clothing, footwear) with the User Parameters.

In this case, the Executor does not receive from the User his name, surname, e-mail address, telephone number, other individual data. The received User Parameters are stored in the Executor's database. The user can be identified by cookies.

3.2.2. Registered Users - Users who have entered data about their Parameters and created an Account in the LookSize Service Widget and/or on the Executor's Site using email, Google+, Facebook, and/or other ways of logging in and creating accounts.

Registration of the User in the LookSize Service Widget and/or on the Executor's Website is free and voluntary.

3.2.2.1. When registering in the LookSize Service Widget and/or on the Executor's Website by email, the User enters the following information in the proper fields:

  • user's email;
  • name and surname of the User;
  • User's phone number (optional).

3.2.2.2. When registering in the LookSize Service Widget and/or on the Executor's Site via Google+, the User provides information about his email or phone number.

3.2.2.3. When registering in the LookSize Service Widget and/or on the Executor's Website via Facebook, the User provides a link to his Facebook profile, as well as the name and surname of the User.

3.2.3. The User can create several Accounts in his Account by providing data about the Parameters of third parties (family members, relatives, etc.).

3.3. When registering in the LookSize Service Widget and/or on the Executor's Website, the User is obliged to provide the Executor with the necessary reliable and up-to-date information.

After providing the necessary information and the correct sequence of all registration actions in the LookSize Service Widget and/or on the Executor's Site, a personal page of the User (Account) is created.

If the User provides incorrect information or the Executor has reason to believe that the information provided is incorrect, incomplete, or inaccurate, the Executor has the right to suspend or cancel the registration and deny the User the use of the LookSize Service Widget and/or the Executor's Site.

3.4. By accepting this Agreement by registering in the LookSize Service Widget and/or on the Executor's Website or entering the relevant data in the LookSize Service Widget and/or on the Executor's Site and/or the Customer, the User confirms his consent to the Executor's processing of his personal data. The processing of personal data is carried out in accordance with the current legislation of Ukraine, international law, and the Privacy Policy, which is an integral part of this Agreement.

3.5. The user has no right to transfer their login and password to third parties, and is fully responsible for their safety, independently choosing how to store them.

3.6. Unless the User proves otherwise, any actions taken using his login and password shall be deemed to have been committed by the User. In case of unauthorized access to the login and password and/or Account, or distribution of the login and password, the User is obliged to immediately notify the Executor in the manner prescribed by this Agreement.

4. COLLECTION AND PROVISION OF USER DATA

4.1. During the operation of the LookSize Service, the Executor receives from the Customer's Site data on brands, types of goods "tried on" by the User, as well as information on the time and number of Tryings, data on Users who visited the Customer's Site. This data is used to form the page of the filter "My size", to form the LookSize Widget, reporting to the Customer.

4.2. During the operation of the LookSize Service, the Executor receives from the User the Parameters used by the LookSize Service to form the “My Size” filter, the LookSize Widget, and the reporting to the Customer.

 4.3. 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.

5. RIGHTS AND OBLIGATIONS OF THE USER

5.1. The user has the right to:

5.1.1. contact the Executor regarding the use of the Executor's Site and/or the LookSize Service, receive answers to these questions;

5.1.2. leave feedback on the Executor's Website, any other web resource, in social networks that directly or indirectly relate to the Executor, the work of the LookSize Service, the provided Services;

5.1.3. receive the Services with the help of the technical capabilities of the LookSize Service;

5.1.4. submit to the Executor their wishes and/or suggestions for improving the work of the Executor's Site, LookSize Service;

5.1.5. view and download information and materials from the Executor's Site only for personal (non-commercial) use, subject to full compliance with the legislation in the field of intellectual property protection, other requirements of the current legislation of Ukraine, international law;

5.1.6. add Profiles in the Account in the LookSize Service Widget and/or on the Executor's Site, make changes to the data, delete them.

5.2. The user must:

5.2.1. comply with the provisions of the current legislation of Ukraine, international law, this Agreement, Privacy Policy and other documents created by the Executor and published on the Site of the Executor;

5.2.2. to provide reliable and complete data when registering in the LookSize Service Widget and/or on the Executor's Site, to monitor their updating;

5.2.3. inform the Executor about unauthorized access to the Account and/or about unauthorized access and/or use of the User's password and login;

5.2.4. not to transfer to third parties the password of access to own personal page (Account) or to the separate information contained on it, in case it can lead to violation of the current legislation of Ukraine, this Agreement;

5.3. When using the Executor's Site and/or the LookSize Service, the User is strictly prohibited from:

5.3.1. register in the LookSize Service Widget and/or on the Executor's Site on behalf of or instead of another person, ie create a «fake account»;

5.3.2. use the software and take actions aimed at disrupting the normal functioning of the Executor's Site and/or the LookSize Service and/or User Accounts;

5.3.3. download, store, publish, distribute and provide access to or otherwise use viruses and other malicious programs that may affect the operation of the Executor's Site and/or the LookSize Service;

5.3.4. use, without special permission of the Executor, automated scripts (programs) to collect information from the LookSize Service and/or the Executor's Site;

5.3.5. in any way, including, but not limited to, by deception, abuse of trust, hacking, try to access the login and password of other Users;

5.3.6. to carry out illegal collection and processing of personal data of other Users;

5.3.7. commercial and/or public use of materials, information, other data posted on the Executor's Site and/or the LookSize Service without the consent of the Executor.

6. RIGHTS AND OBLIGATIONS OF THE EXECUTOR

6.1. The Executor has the right to:

6.1.1. to amend this Agreement in its sole discretion;

6.1.2. at its discretion to restrict access to any information posted by the User on the Executor's Site and/or in the LookSize Service;

6.1.3. at any time change the design of the Executor's Site and/or the LookSize Service, its content, list of services, change or supplement the used scripts, software and other objects used or stored on the Executor's Site and/or the LookSize Service, any server applications at any time with or without prior notice;

6.1.4. in its sole discretion, as well as upon receipt of information from other Users or third parties about the User's breach of this Agreement, modify or delete any information published by the User in violation of the prohibitions established by this Agreement (including personal communications), suspend, limit or terminate User's access to all or any of the sections of the Executor's Site and/or the LookSize Service at any time for any reason or without explanation, with or without prior notice;

6.1.5. delete the User Account and/or suspend, restrict or terminate the User's access to the Executor's Site and/or the LookSize Service if the Executor discovers that in his opinion the User poses a threat to the Executor's Site and/or the LookSize Service and/or its Users;

6.1.6.  refuse to register the User's Account on the Executor's website and/or LookSize Service, the account of which was previously deleted for violation of the terms of the Agreement;

6.1.7. send the User information about the development of the Executor's Site and/or the LookSize Service, as well as advertise their own activities and Services.

6.2. The Executor undertakes:

6.2.1. in case the User places on the Executor's Site information, the dissemination of which is limited or prohibited by the current legislation of Ukraine, international law, to warn the User and delete such information or delete the User's Account;

6.2.2. provide all available information about the User to the authorized public authorities in cases established by the current legislation of Ukraine, international law;

6.2.3. at the request of the User to provide information about the Services, the use of the Executor's Site and/or the LookSize Service.

7. RESPONSIBILITY OF THE PARTIES

7.1. The user is personally responsible for saving their login and password and other login details to log in to the Account.

7.2. The User is responsible for their own actions in connection with the creation and placement of information in the Account on the Site of the Executor and/or the Customer and/or the LookSize Service, in accordance with the current legislation of Ukraine, international law.

7.3. The Executor provides the User with a technical opportunity to use the Executor's Site, the LookSize Service, including on the Customer's site. However, the Executor does not control and is not responsible for the actions or inaction of any persons regarding the use of the Executor's Site and/or the Customer and/or the LookSize Service.

7.4. The Executor ensures the functioning and operability of the Executor's Site and/or the LookSize Service. The Executor shall not be liable for temporary failures and interruptions in the operation of the Executor's Site and/or the Customer and/or the LookSize Service and the loss of information caused by them.

7.6. The Executor shall not be liable for any damage to the User's computer or another person, mobile devices, any other equipment or software caused or related to the download of materials from the Executor's Site and/or the Customer or from the links posted on the Site. The executor and/or Customer.

7.7. The Executor shall not be liable for any damage or loss suffered by the User or third-parties as a result of false misunderstanding or misunderstanding of the terms of this Agreement, instructions or guidelines on the use of the Executor's Site and/or LookSize Service, data placement and other technical issues.

7.8. The Executor is not responsible for the security of access to the data posted on the LookSize Service and/or on the Executor's Site and/or the Customer's Site. The User is personally responsible for the storage of data posted on the LookSize Service and/or on the Executor's Site and/or the Customer.

7.9. The Executor is not responsible for the compliance of the size of the goods ordered by the User on the Customer's Site and using the LookSize Service with the User's Parameters. The responsibility for the final decision on the choice of size relies on the User.

8. SETTLEMENT OF DISPUTES

8.1. All disputes and disagreements arising in connection with this Agreement shall be resolved through negotiations between the Parties in the manner prescribed by the current legislation of Ukraine and/or international law.

8.2. If the parties failed to resolve the dispute through negotiations, either Party may apply to the court according to the rules of jurisdiction laid down by the legislation of Ukraine.

9. TERMINATION OF ACCESS TO THE EXECUTOR'S SITE, LOOKSIZE SERVICE

9.1. The Registered User may terminate access to the Executor's Site and/or the LookSize Service at any time by deleting his/her Account. Deletion of the User Account means automatic deletion of all information entered during registration in the LookSize Service and/or on the Executor's Site.

9.2. The Executor reserves the right, in its sole discretion, to remove or suspend access to the LookSize Service and/or the Executor's Site or any part thereof for any reason, including, breach or non-performance of this Agreement.

10. FINAL PROVISIONS

10.1. This Agreement shall enter into force upon joining the User (Acceptance) - User affixing a mark of acceptance of this Agreement and shall terminate at the moment of full fulfillment by the Parties of the obligations under this Agreement.

10.2. The User confirms that he is familiar with all clauses of this Agreement and unconditionally accepts them.

10.3. If for any reason, one or more provisions of this Agreement are invalidated or have no legal force, this shall not affect the validity or enforceability of the other provisions of this Agreement.

10.4. The Executor's website and the LookSize Service are provided "as it is". The Executor does not guarantee the compliance of the Executor's Site, LookSize Service with the goals and expectations of the User, its smooth and error-free operation, as well as the safety of the User's Account and information posted by the User in the LookSize Service Widget and/or on the Executor's Site and/or Site.

10.5 This Agreement is made in the Ukrainian language and may be provided to the User for an acquaintance in another language. In case of divergence between the Ukrainian language version of the Agreement and the version of the Agreement in another language, the provisions of the Ukrainian language version of this Agreement shall apply.

11. CONTACT INFORMATION

An entrepreneur Rodtsevych Taras

Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations (entry in the USR dated January 24, 2017, for № 2,415,000 0000 079046)

Address: Ukraine, 79017, Lviv region, Lviv city, Rodyny Krushelnytskykh street, building 28

Email: admin@looksize.com

Phone: 416-848-4067

© https://www.looksize.com/. All rights reserved.

 

Edited on April 7, 2020