Terms of Use

Last Updated: August 9, 2016.
PLEASE READ THESE TERMS OF USE (ALSO REFERRED TO HEREIN AS "AGREEMENT") CAREFULLY BEFORE USING THE TEMPO WEBSITE LOCATED AT WWW.TEMPOITALY.COM. These Terms of Use are a binding contract that governs use of the Tempo website, limits liability of Vestis Fashion Group Inc. (“Vestis”) and other persons, specifies the jurisdiction for resolution of disputes, and contains other important provisions. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement (as amended from time to time).

1. Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and Vestis regarding your access to and use of the Tempo website located at www.tempoitaly.com and all content, information, products, and services available on or through the website (collectively, the "Website"). The Website is the property of Vestis and its licensors and content providers.

Each time you access or use the Website, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use any aspect of the Website. These Terms of Use are in addition to any other agreement you may have with Vestis, including any agreement for the purchase of Tempo products or services.

2. Amendments to these Terms of Use

Vestis may in its sole discretion amend these Terms of Use at any time, without any prior notice to you, by posting the amended Terms of Use on the Website. The amended Terms of Use are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any amendments since the last version. By using the Website after these Terms of Use have been amended, you signify your acceptance and agreement to the amended Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.

3. Permissible Users

You may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf. If you use the Website, you represent that you have the capacity to be bound by this Agreement.

You may not use the Website if you breach these Terms of Use, if your permission to use the Website has been suspended or terminated by Vestis, or if these Terms of Use as they apply to you have been terminated.

4. Acceptable Use

The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms of Use and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

The Website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Vestis.

You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers.

5. Provision of Information and Personal Information Privacy

Vestis collects personal information and non-personal information from users of the Website, and the use of such information is governed by Vestis’ Privacy Policy which is available online at www.tempoitaly.com/privacy (the “Privacy Policy”). The Privacy Policy is incorporated into and forms part of these Terms of Use by this reference.

You will ensure that all information you provide to Vestis, through the Website or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current, and complete. Vestis 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, Vestis or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.

6. Additional Terms and Conditions

Additional terms and conditions and policies (collectively, the "Additional Terms and Conditions") apply to purchases of products and services through the Website and to specific portions, features or services (such as contests and other promotions) of or offered through the Website. Without limiting the generality of the foregoing, these include

Shipping and Delivery Terms and Conditions
Payment and Security Terms and Conditions
Return and Exchange Terms and Conditions

Vestis may in its sole discretion change the Additional Terms and Conditions at any time, without any prior notice to you, by posting changed Additional Terms and Conditions on the Website. The changed Additional Terms and Conditions are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any changes since the last version.

The Additional Terms and Conditions are incorporated into and form part of these Terms of Use by this reference. If there is a conflict or inconsistency between any Additional Terms and Conditions and these Terms of Use, the Additional Terms and Conditions will govern regarding the specific purchase, portion, feature or service to which they apply.

7. Ownership of Website, Content and Trademarks

The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, media, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned solely by Vestis and its licensors and content providers, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.

TEMPO, TEMPOITALY, VESTIS and VESTIS FASHION GROUP INC. and related logos are registered or unregistered trademarks, service marks, and trade names owned or licensed by Vestis and its affiliates. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks, service marks or trade names.

8. Feedback

You agree that you will not submit to Vestis any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send to Vestis (collectively "Feedback") are deemed to be non-confidential, you automatically grant to Vestis and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Feedback or any ideas, concepts, know-how, or techniques associated with the Feedback in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favour of Vestis and its successors, assigns, and licensees any and all moral rights in the Feedback.

9. Communications

You authorize Vestis to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by e-mail or other means of communication.

Communications you send to Vestis are not effective unless and until they are processed by the responsible Vestis representative. Vestis may refuse to process any communications sent to Vestis, or may reverse the processing of any communications sent to Vestis, at any time in Vestis’ sole discretion, and without any notice or liability to you or any other person, including if Vestis believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

10. Misprints and Errors, Product Availability and Prices

Vestis endeavours to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may sometimes occur. Vestis cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter, and does not warrant that the content of the Website (including product descriptions, photographs, and colours) is accurate or complete. Please note that although Vestis attempts to display colour of the products shown on the Website as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.

Vestis reserves the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges, and specifications of those products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.

11. Account Information

To access and use certain features and services of the Website you must have a valid Website account and use a valid user name and password (collectively "Access Credentials") accepted by Vestis. Accounts and Access Credentials are personal, and may not be shared.

You are fully responsible and liable for maintaining the confidentiality of your account information and Access Credentials and for any and all use and misuse of your account and Access Credentials (including all transactions and orders using your account or Access Credentials) and for all resulting loss and damage. You may not disclose your Access Credentials to any other person or permit any other person to use your account or Access Credentials. You will immediately notify Tempo’s Customer Service team by e-mail to support@tempoitaly.com if you discover any unauthorized use of your account or you know or suspect that your Access Credentials have been lost or stolen or become known to or used by any other person. Vestis will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Vestis is not under any obligation to verify the actual identity or authority of any person using your account or Access Credentials. Vestis may act upon any communication that is given through your account or by using your Access Credentials.

Access Credentials do not restrict access by Vestis to password-protected information. Access Credentials may not prevent unauthorized access to data or other information. Vestis may in its sole discretion cancel or suspend your account or change your Access Credentials at any time without any notice or liability to you or any other person.

Vestis may in its sole discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Vestis is not satisfied with the proof.

12. Third Party Sites

The Website may provide links or references to other Internet sites, applications or resources and businesses operated by other persons (collectively "Third Party Sites"). Third Party Sites are independent from Vestis, and Vestis does not endorse, and has no responsibility or liability for or control over, Third Party Sites or their business, products, services, or content. Your use of Third Party Sites and your dealings with the owners or operators of Third Party Sites is at your own risk, and you will not make any claim against Vestis arising from, connected with, or relating to your use of Third Party Sites or your dealings with the owners or operators of Third Party Sites.

13. Prohibited Activities

You shall not: (a) attempt to circumvent the ordinary navigational structure, layout or presentation of the Website or its content, or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website; (b) attempt to gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means; (c) attempt to test or tamper with the security of the Website or attempt to interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website; (d) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (e) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (f) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (g) access the Website in order to build a similar or competitive service; or (h) frame, mirror, scrape or data-mine the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies).

14. Disclaimers

THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY VESTIS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS.

VESTIS DOES NOT PROMISE THAT THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN THE RETURN AND EXCHANGE TERMS AND CONDITIONS, IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE.

YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.

15. Liability Exclusions

IN THESE TERMS OF USE, "VESTIS GROUP" MEANS VESTIS FASHION GROUP INC. AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL VESTIS GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE; AND (B) IF, NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, VESTIS IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL VESTIS' TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT ACTUALLY PAID TO VESTIS FOR THE PRODUCTS OR SERVICES TO WHICH THE APPLICABLE CLAIM RELATES, AND (II) CDN$100. THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY VESTIS OR ANY PERSON FOR WHOM VESTIS IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR VESTIS GROUP OR ANY OF THEM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED.

THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnity

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS VESTIS GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND LEGAL FEES AND EXPENSES (COLLECTIVELY, "CLAIMS") DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF VESTIS GROUP, OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF VESTIS GROUP, WITHOUT VESTIS’ EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN VESTIS’ DISCRETION. NOTWITHSTANDING THE FOREGOING, VESTIS GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.

17. Changes/Termination

Notwithstanding any other provision of these Terms of Use, Vestis may in its sole discretion change, discontinue, modify, restrict, suspend, or terminate the Website or any of its content at any time without any notice or liability to you or any other person.

Vestis may in its sole discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person.

These Terms of Use as they apply to you are effective unless and until terminated. You may terminate these Terms of Use by permanently ceasing to use the Website and giving written notice of termination to Vestis’ Customer Service team. Vestis may terminate these Terms of Use at any time either by giving a notice of termination to you or by denying you access to the Website. The obligations and liabilities you incur prior to termination of these Terms of Use will survive termination. sections 5, 6, 7, 8, 10, and 12 through 20 of these Terms of Use any other provisions of these Terms of Use which ought reasonably to survive termination will survive termination and continue to apply and be binding upon you and Vestis.

18. Governing Law

These Terms of Use and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

19. Dispute Resolution

(a) Arbitration: Except as expressly set forth in this section 19 and subject to subsection 19(c), all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use, the Website or any related matters (collectively "Disputes" and each a "Dispute") will be referred to and finally resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre (the "BCICAC") in accordance with its rules and these Terms of Use. There will be a single arbitrator, and the arbitration will be private and confidential. The place of arbitration will be Vancouver, British Columbia and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, if the total amount of the award sought in an arbitration (not including legal fees and costs) is CDN$10,000 or less, then the arbitration will be subject to the BCICAC Shorter Rules of Procedure and, unless you and Vestis expressly agree in writing otherwise: (i) the arbitration will be conducted solely based upon written evidence (documents and witness statements) and written arguments submitted by or on behalf of each of you and Vestis; and (ii) there will be not be any in-person hearing on the merits (including any hearing by teleconference, videoconference or web conference) of the parties, witnesses or legal counsel. Notwithstanding the foregoing, this subsection 19(a) does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks).

(b) Court Litigation: If and to the extent, and for any reason, that a Dispute is not subject to arbitration as set forth in subsection 19(a), then subject to subsection 19(c) the Dispute will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and Vestis each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that Vestis may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use.

(c) Informal Dispute Resolution: Before you commence arbitration or litigation regarding a Dispute: (i) you will give notice of the Dispute to Tempo’s Customer Service representatives at service@tempoitaly.com and allow Vestis at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) upon request by Vestis during the thirty (30) day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner.

(d) Temporary/Injunctive Relief: Notwithstanding that a Dispute is subject to arbitration under subsection 19(a): (i) you or Vestis may commence litigation in the Supreme Court of British Columbia sitting in the City of Vancouver seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo, and you and Vestis each hereby irrevocably submit and attorn to the non-exclusive jurisdiction of that court in respect of those matters; and (ii) Vestis may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use.

(e) NO JURY OR CLASS PROCEEDINGS: YOU AND VESTIS EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR VESTIS IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU.

20. General Matters

You and Vestis are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and Vestis. Upon request by Vestis, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Use. No consent or waiver by Vestis to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Vestis or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, Vestis' rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Vestis may be lawfully entitled under these Terms of Use or at law or equity, and Vestis will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will enure to the benefit of and be binding upon you and Vestis and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without Vestis' express prior written consent, which consent may be withheld in Vestis' sole discretion. Vestis may, without your consent, assign these Terms of Use or any of Vestis' rights, duties, or obligations under these Terms of Use.

These Terms of Use, the Privacy Policy and the Additional Terms and Conditions together set forth the entire agreement between you and Vestis regarding the subject matter thereof, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter thereof. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Vestis regarding the subject matter of these Terms of Use, the Privacy Policy and the Additional Terms and Conditions other than as expressly set forth in these Terms of Use, the Privacy Policy and the Additional Terms and Conditions.

You and Vestis have each expressly requested and required that these Terms of Use, the Privacy Policy and the Additional Terms and Conditions be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

All rights not expressly granted by these Terms of Use are reserved by Vestis.

If you have any questions, comments or suggestions regarding these Terms of Use, please contact Vestis' Customer Service by e-mail at: service@tempoitaly.com or by mail at: 177 West 6th Avenue, Vancouver, British Columbia, V5Y 1K3 Canada.