Terms of Service

Terms of Service

Effective Date: July 23, 2026

Welcome to Curvy Missfits Closet, an online marketplace owned and operated by The Black Lotus Bodycare Company Inc.

Curvy Missfits Closet is a community marketplace that connects buyers and sellers of pre-loved plus-size fashion and related accessories across Canada and the United States. In addition to our peer-to-peer marketplace, we may also offer related services, including Curvy Missfits Community Boutique, CMC Listing Services, and other marketplace features designed to support our community.

These Terms of Service ("Terms") govern your access to and use of the Curvy Missfits Closet website, marketplace, products, services, content, and related features (collectively, the "Services").

By creating an account, browsing our website, listing an item, purchasing an item, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, together with any policies referenced within them, including but not limited to our:

  • Privacy Policy
  • Returns, Refunds & Disputes Policy
  • Prohibited Items Policy
  • Community Guidelines
  • Any additional policies or guidelines published by Curvy Missfits Closet from time to time.

If you do not agree to these Terms, you must not access or use our Services.

1. Definitions

For the purposes of these Terms:

"Curvy Missfits Closet," "CMC," "we," "our," or "us" refers to Curvy Missfits Closet, a business operated by The Black Lotus Bodycare Company Inc.

"Services" refers to the Curvy Missfits Closet website, marketplace, Curvy Missfits Community Boutique, CMC Listing Services, and all related products, services, features, tools, content, and functionality offered by us.

"User" means any individual or business that accesses or uses our Services.

"Buyer" means a User who purchases an item through the marketplace.

"Seller" means a User who lists or sells an item through the marketplace.

"Listing" means any product, service, or item offered for sale through the marketplace.

"Marketplace" means the Curvy Missfits Closet online platform that facilitates transactions between buyers and sellers.

2. Our Role

Curvy Missfits Closet provides an online marketplace that enables buyers and sellers to connect and complete transactions.

Unless otherwise stated for specific services, such as Curvy Missfits Community Boutique, Curvy Missfits Closet is not the owner, buyer, or seller of items listed by independent sellers. The contract for the purchase and sale of an item is formed directly between the buyer and the seller.

While we work to provide a safe, reliable, and trustworthy marketplace, Curvy Missfits Closet does not guarantee the quality, condition, legality, authenticity, safety, or suitability of items listed by independent sellers.

We reserve the right to review listings, approve or remove listings, suspend accounts, investigate reported concerns, and take any action we reasonably believe is necessary to protect our marketplace and community.

By continuing to use our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.

3. Eligibility and User Accounts

To use Curvy Missfits Closet, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

By creating an account or using our Services, you represent and warrant that:

  • You are at least the age of majority in your province, territory, state, or country of residence, or you have the legal authority to enter into a binding agreement.
  • The information you provide is truthful, accurate, and up to date.
  • You will keep your account information current.
  • You will comply with these Terms of Service and all applicable laws and regulations.

You may not create an account or use our Services if:

  • Your account has previously been suspended or terminated by Curvy Missfits Closet without our written permission.
  • You are using another person's identity or creating an account on behalf of someone else without their authorization.
  • You intend to use the marketplace for fraudulent, deceptive, unlawful, or abusive purposes.

Account Security

You are responsible for safeguarding your login credentials and for all activities that occur through your account. If you believe your account has been accessed without authorization or your security has been compromised, you must notify us as soon as reasonably possible.

Curvy Missfits Closet is not responsible for losses resulting from unauthorized use of your account where reasonable account security practices have not been followed.

Account Verification

To help maintain a safe and trustworthy marketplace, Curvy Missfits Closet reserves the right to verify user identities, request additional information, or require documentation where reasonably necessary.

This may include verifying your identity, payment information, shipping information, or ownership of items being offered for sale.

Failure to provide requested information may result in delayed transactions, listing removal, temporary account restrictions, or account suspension.

Business Accounts

Individuals, sole proprietors, and businesses may use Curvy Missfits Closet, provided they comply with these Terms and all applicable laws.

Business users are responsible for ensuring that their listings, products, services, and business practices comply with all legal, tax, consumer protection, and regulatory requirements applicable to their jurisdiction.

One Account Per User

Unless expressly authorized by Curvy Missfits Closet, each user may maintain only one personal account.

Creating multiple accounts to avoid restrictions, manipulate marketplace activity, or otherwise circumvent these Terms may result in the suspension or permanent removal of all associated accounts.

4. User Conduct and Community Standards

Curvy Missfits Closet is intended to be a respectful, inclusive, and trustworthy marketplace. All Users are expected to communicate honestly, treat others respectfully, and use the Services in a lawful and responsible manner.

By using Curvy Missfits Closet, you agree that you will not:

  • Harass, threaten, intimidate, bully, shame, or abuse another User.
  • Use discriminatory, hateful, degrading, or offensive language or content.
  • Engage in fraudulent, deceptive, misleading, or dishonest conduct.
  • Impersonate another person, business, organization, or representative of Curvy Missfits Closet.
  • Provide false information or misrepresent your identity, location, account details, or transaction history.
  • Create false, inaccurate, misleading, or deceptive Listings.
  • Attempt to sell items that you do not own or are not legally authorized to sell.
  • Manipulate reviews, ratings, transactions, pricing, search results, or other marketplace activity.
  • Use multiple accounts to mislead others, avoid restrictions, or interfere with the operation of the marketplace.
  • Send spam, unsolicited promotions, repetitive messages, or unrelated advertising.
  • Collect, copy, misuse, or distribute another User's personal information without authorization.
  • Upload viruses, malicious code, harmful files, or other material intended to disrupt, damage, or interfere with the Services.
  • Attempt to gain unauthorized access to any account, system, database, feature, or restricted area of the Services.
  • Use automated tools, scraping software, bots, or similar technology to access, copy, monitor, or interfere with the Services without our written permission.
  • Encourage, assist, or enable another person to violate these Terms or any applicable policy or law.

Respectful Communication

Users must communicate with one another respectfully throughout all stages of a transaction, including before purchase, during shipping or pickup, and when discussing concerns or disputes.

Disagreement about an item, transaction, refund request, or marketplace decision does not permit harassment, threats, personal attacks, discriminatory comments, or abusive conduct.

Curvy Missfits Closet may review communications made through the marketplace when reasonably necessary to investigate reports, resolve disputes, protect Users, enforce these Terms, or comply with legal obligations.

Off-Platform Transactions

Users must not use Curvy Missfits Closet primarily to locate buyers or sellers and then intentionally complete the transaction outside the marketplace in order to avoid commissions, fees, payment processing, marketplace rules, or other obligations.

Curvy Missfits Closet cannot provide the same transaction support, payment protections, dispute assistance, or account records for transactions completed outside the Services.

Requests to pay through cash transfers, direct bank transfers, external payment applications, private invoices, or other off-platform methods may result in investigation or account action where they appear intended to bypass the marketplace.

This provision does not prevent Users from communicating as reasonably necessary to arrange an approved local pickup after a purchase has been completed through Curvy Missfits Closet.

Reviews, Ratings, and Feedback

Any review, rating, comment, or feedback submitted through the Services must be based on a genuine experience and must be honest, relevant, and respectful.

Users must not:

  • Submit false or misleading reviews.
  • Offer payment, discounts, gifts, or other incentives in exchange for a particular rating or review.
  • Threaten another User with a negative review to obtain a refund, discount, free item, or other benefit.
  • Coordinate reviews or ratings intended to artificially improve or damage an account's reputation.
  • Include private, confidential, discriminatory, threatening, or irrelevant information in a review.

Curvy Missfits Closet may remove or restrict reviews that violate these Terms or that we reasonably believe are fraudulent, abusive, unrelated, or misleading.

Enforcement

Curvy Missfits Closet reserves the right to investigate suspected violations of these Terms, our policies, or applicable law.

Depending on the nature and seriousness of the conduct, we may take one or more actions, including:

  • Issuing a warning.
  • Removing or editing prohibited content.
  • Rejecting, pausing, or removing a Listing.
  • Restricting account features.
  • Delaying or reviewing a transaction.
  • Cancelling a transaction where permitted.
  • Temporarily suspending an account.
  • Permanently terminating an account.
  • Preventing a suspended or terminated User from creating another account.
  • Cooperating with payment processors, service providers, law enforcement, regulators, or other authorities where legally required or reasonably necessary.

We may take immediate action without prior notice where we reasonably believe there is a risk of fraud, harm, unlawful activity, marketplace abuse, security concerns, or danger to another User or to Curvy Missfits Closet.

5. Listings and Seller Responsibilities

Sellers are responsible for ensuring that every Listing they create is accurate, complete, lawful, and complies with these Terms of Service and all applicable marketplace policies.

By creating a Listing, you represent and warrant that:

  • You are the lawful owner of the item or have the legal authority to sell it.
  • The item may legally be sold in your jurisdiction and in any jurisdiction to which you offer shipping.
  • The Listing accurately describes the item's condition, size, brand, colour, material, features, and any known defects.
  • All photographs accurately represent the actual item being offered for sale.
  • You have the legal right to use any photographs or other content included in your Listing.
  • Your Listing does not infringe upon the intellectual property, privacy, publicity, or other legal rights of any person or business.

Listing Accuracy

Sellers must make every reasonable effort to provide truthful and complete information.

Listings should accurately disclose, where applicable:

  • Brand
  • Size
  • Colour
  • Condition
  • Material
  • Measurements, where appropriate
  • Alterations or modifications
  • Visible flaws, wear, stains, holes, missing components, or other defects
  • Any other information that may reasonably influence a Buyer's purchasing decision

Knowingly omitting significant defects or providing misleading information may result in Listing removal, transaction cancellation, account restrictions, or other enforcement action.

Pricing

Sellers are responsible for setting their own prices.

Prices must be clearly stated and must not be intentionally misleading or manipulated to deceive Buyers or interfere with marketplace operations.

Curvy Missfits Closet reserves the right to remove Listings that contain obvious pricing errors, fraudulent pricing practices, or pricing intended to manipulate marketplace activity.

Item Availability

Items listed for sale should be available for immediate purchase.

If an item is sold, lost, damaged, donated, or otherwise becomes unavailable before shipment or pickup, the Seller must promptly update or remove the Listing and notify the Buyer if a transaction has already been initiated.

Repeated cancellations resulting from unavailable items may result in account review or restrictions.

Seller Communications

Sellers are expected to respond to Buyer inquiries and transaction-related messages within a reasonable timeframe.

If a Seller cannot fulfill an order, they should communicate with the Buyer as soon as reasonably possible.

Compliance with Marketplace Policies

All Listings must comply with:

  • These Terms of Service
  • Our Prohibited Items Policy
  • Our Returns, Refunds & Disputes Policy
  • Any additional marketplace policies published by Curvy Missfits Closet

Curvy Missfits Closet reserves the right to edit, reject, suspend, or remove any Listing that we reasonably believe violates these Terms, our policies, or applicable law.

6. Buyer Responsibilities

Buyers are responsible for reviewing Listings carefully before making a purchase and for ensuring that an item meets their expectations based on the information provided by the Seller.

Before completing a purchase, Buyers should review all available details, including the item description, photographs, measurements (if provided), condition, shipping options, pickup availability, pricing, and any additional information contained in the Listing.

Purchasing Items

By placing an order through Curvy Missfits Closet, you agree that:

  • You are legally authorized to enter into the transaction.
  • You intend to complete the purchase in good faith.
  • You will provide accurate payment, shipping, and contact information.
  • You will pay all applicable charges associated with your purchase, including shipping costs, taxes (where applicable), and any other fees disclosed during checkout.

Once an order has been placed, Buyers should not assume that it can be cancelled unless permitted under these Terms, our Returns, Refunds & Disputes Policy, or applicable law.

Reviewing Listings

Buyers are encouraged to ask questions before purchasing an item if additional information is needed.

Curvy Missfits Closet is not responsible for assumptions made by a Buyer where the Listing accurately described the item and sufficient information was available before purchase.

Shipping and Delivery

Buyers are responsible for providing a complete and accurate shipping address.

Curvy Missfits Closet is not responsible for delays, delivery issues, or additional costs resulting from inaccurate shipping information provided by the Buyer.

For cross-border purchases, Buyers are responsible for any applicable customs duties, import taxes, tariffs, brokerage fees, or other government charges unless otherwise stated by the Seller or required by law.

Local Pickup

Where a Seller offers local pickup, Buyers are responsible for communicating promptly to arrange a mutually agreed upon pickup time and location.

Buyers should attend the agreed pickup location on time and notify the Seller as soon as reasonably possible if they are unable to attend.

Curvy Missfits Closet encourages Users to follow our Pickup Safety Guidelines when arranging local transactions.

Communication and Conduct

Buyers are expected to communicate respectfully with Sellers throughout the transaction.

Buyers must not:

  • Submit fraudulent payment disputes or chargebacks.
  • Attempt to pressure Sellers into providing refunds or discounts through threats, harassment, or misuse of the review system.
  • Misrepresent the condition of an item after delivery.
  • Abuse marketplace policies or repeatedly make dishonest claims regarding purchases.

Transaction Responsibility

Buyers acknowledge that purchasing pre-loved items may involve normal signs of wear that have been accurately disclosed by the Seller.

Buyers are responsible for reviewing the Listing carefully and making an informed purchasing decision before completing a transaction.

7. Pricing, Fees, Commissions, and Payments

Curvy Missfits Closet provides a marketplace where Sellers may list items for sale and Buyers may purchase those items through our Services.

Seller Pricing

Sellers are responsible for determining the selling price of their Listings.

All prices must be clearly displayed in the marketplace currency and accurately reflect the amount the Seller intends to charge for the item.

Sellers are responsible for including accurate shipping costs where applicable and selecting the appropriate shipping destinations offered through the marketplace.

Marketplace Commission

Curvy Missfits Closet charges Sellers a commission on completed sales in accordance with the fee structure published on our website at the time of the transaction.

Marketplace commissions may change from time to time. Any changes will apply prospectively and will not affect transactions that have already been completed.

Listing Services and Additional Services

Curvy Missfits Closet may offer optional paid services, including but not limited to:

  • CMC Listing Services
  • Curvy Missfits Community Boutique services
  • Packaging products
  • Other marketplace-related products or services

Fees for optional services will be disclosed before purchase and may be subject to separate terms, policies, or service agreements.

Unless otherwise stated, fees paid for optional services are non-refundable once the service has begun or has been substantially performed.

Payment Processing

Payments made through Curvy Missfits Closet are processed by third-party payment service providers.

By completing a transaction, Buyers and Sellers also agree to comply with the terms, conditions, and policies of the applicable payment processor.

Curvy Missfits Closet does not store complete payment card information and is not responsible for payment processing errors, banking delays, or interruptions caused by third-party payment providers.

Seller Payouts

Seller proceeds are distributed through the marketplace payment system after applicable commissions, fees, refunds, chargebacks, or other authorized adjustments have been applied.

Payout timing may vary depending on payment processing requirements, banking institutions, transaction status, or marketplace review procedures.

Curvy Missfits Closet reserves the right to delay a payout where reasonably necessary to investigate suspected fraud, unauthorized activity, disputes, policy violations, or other circumstances affecting the security or integrity of the marketplace.

Taxes and Government Charges

Buyers and Sellers are each responsible for complying with their own tax obligations arising from their use of Curvy Missfits Closet.

Where required by law, applicable taxes may be collected, remitted, or reported by Curvy Missfits Closet, our payment processor, or other authorized service providers.

For international or cross-border transactions, Buyers remain responsible for any customs duties, import taxes, tariffs, brokerage fees, or similar government charges unless otherwise required by law.

Pricing Errors

Although Sellers are responsible for their Listing prices, Curvy Missfits Closet reserves the right to cancel, suspend, or correct a transaction where an obvious pricing error, technical malfunction, duplicate Listing, or system error has resulted in an incorrect purchase price.

Fraud Prevention

To protect our Users and the integrity of the marketplace, Curvy Missfits Closet may delay, review, refuse, cancel, or reverse a transaction where we reasonably believe fraud, unauthorized activity, payment irregularities, identity theft, money laundering, marketplace abuse, or other unlawful conduct may have occurred.

Where appropriate, we may request additional information before completing a transaction or releasing funds.

8. Shipping, Delivery, and Local Pickup

Sellers are responsible for shipping purchased items or making them available for local pickup in accordance with the shipping or pickup options selected in their Listing.

Buyers and Sellers are expected to communicate promptly and cooperate in good faith throughout the delivery or pickup process.

Seller Shipping Responsibilities

Where shipping is offered, Sellers agree to:

  • Ship the purchased item within the timeframe stated in the Listing or otherwise communicated to the Buyer.
  • Package the item appropriately to help protect it during transit.
  • Use the shipping method selected for the transaction.
  • Provide shipment updates or tracking information where available.
  • Notify the Buyer as soon as reasonably possible if an unexpected delay occurs.

Repeated delays or failure to ship purchased items may result in account review, Listing restrictions, suspension, or other action by Curvy Missfits Closet.

Buyer Shipping Responsibilities

Buyers are responsible for providing a complete and accurate shipping address before completing a purchase.

Curvy Missfits Closet is not responsible for delivery delays, returned shipments, lost packages, or additional shipping costs resulting from inaccurate or incomplete address information provided by the Buyer.

Shipping Delays

Estimated delivery dates are estimates only.

Delivery times may be affected by weather, carrier delays, customs processing, public holidays, labour disruptions, natural disasters, or other circumstances beyond the reasonable control of the Seller, shipping carrier, or Curvy Missfits Closet.

Cross-Border Shipping

For transactions between Canada and the United States, Buyers acknowledge that customs inspections, import duties, taxes, tariffs, brokerage fees, and other government charges may apply.

Unless otherwise required by law or expressly stated by the Seller, these charges are the responsibility of the Buyer.

Curvy Missfits Closet is not responsible for customs delays or decisions made by border agencies or government authorities.

Local Pickup

Where a Seller offers local pickup, Buyers and Sellers are responsible for arranging a mutually agreed upon pickup time and public meeting location.

Curvy Missfits Closet strongly encourages all local pickups to occur in safe, public locations.

Users are responsible for exercising reasonable judgment when arranging and attending local pickup transactions.

Curvy Missfits Closet is not responsible for events occurring during in-person pickup transactions between Users.

Risk of Loss

Responsibility for an item transfers in accordance with applicable law and the circumstances of the transaction.

Curvy Missfits Closet is not the shipping carrier and does not take possession of items sold through the marketplace. As a result, we are not responsible for loss, theft, damage, or delivery failures occurring during shipment or local pickup, except where required by applicable law or where expressly provided in our marketplace policies.

Delivery Issues

If an item is significantly delayed, lost, arrives damaged, or does not arrive as expected, Buyers and Sellers should first communicate with one another in an effort to resolve the issue.

Where a resolution cannot be reached, either party may request assistance in accordance with our Returns, Refunds & Disputes Policy.

9. Cancellations, Returns, Refunds, and Disputes

Curvy Missfits Closet is committed to supporting fair transactions between Buyers and Sellers. While we provide the marketplace through which transactions occur, Buyers and Sellers are expected to communicate in good faith to resolve concerns whenever possible.

This section should be read together with our Returns, Refunds & Disputes Policy, which forms part of these Terms of Service.

Marketplace Refund Policy

All requests relating to cancellations, returns, refunds, damaged items, items not received, items significantly different from their description, or other transaction disputes are governed by our Returns, Refunds & Disputes Policy.

That policy outlines the circumstances under which Curvy Missfits Closet may review a transaction and the procedures that apply when a dispute is submitted.

Buyer and Seller Cooperation

Buyers and Sellers agree to communicate honestly, respectfully, and in a timely manner when attempting to resolve a transaction concern.

Both parties agree to provide accurate information, photographs, shipment records, tracking information, or other documentation that may reasonably assist in resolving a dispute.

Failure to cooperate during a dispute review may affect Curvy Missfits Closet's ability to evaluate the matter.

Marketplace Review

Where a dispute cannot be resolved between the Buyer and Seller, Curvy Missfits Closet may review available information to determine whether action is appropriate under our marketplace policies.

Our review may include consideration of:

  • Listing descriptions.
  • Listing photographs.
  • Messages exchanged through the marketplace.
  • Shipping or tracking information.
  • Payment records.
  • Documentation provided by either party.
  • Any other information reasonably relevant to the transaction.

Curvy Missfits Closet reserves the right to request additional information before making a decision.

Marketplace Decisions

Where permitted by law and our marketplace policies, Curvy Missfits Closet may take actions including, but not limited to:

  • Cancelling a transaction.
  • Approving or declining a refund request.
  • Requiring the return of an item where appropriate.
  • Issuing a partial or full refund where authorized.
  • Removing a Listing.
  • Restricting or suspending an account.
  • Taking any other reasonable action necessary to protect the marketplace or its Users.

Chargebacks and Payment Disputes

Before initiating a payment dispute or chargeback through a financial institution or payment provider, Buyers are encouraged to use Curvy Missfits Closet's dispute process whenever reasonably possible.

Initiating a fraudulent, dishonest, or abusive chargeback after receiving an item or otherwise misusing the payment system may result in account suspension, permanent account termination, recovery efforts, or other action permitted by law.

Nothing in these Terms limits a User's legal rights to contact their financial institution where appropriate.

Finality of Marketplace Decisions

Where Curvy Missfits Closet makes a decision under our marketplace policies following a reasonable review of the available information, that decision will generally be considered final for the purposes of administering the marketplace.

Nothing in this section limits any legal rights or remedies that may be available to a User under applicable law.

Marketplace Review

Curvy Missfits Closet reviews Listings before they are published to help maintain marketplace quality and to assess compliance with these Terms of Service, our marketplace policies, and applicable law.

Our review is administrative in nature and is intended to support the operation of the marketplace. Approval of a Listing does not constitute a certification, guarantee, verification, inspection, appraisal, authentication, or endorsement of the Seller, the Listing, or the item being offered for sale.

Sellers remain solely responsible for ensuring that their Listings are accurate, complete, lawful, authentic, and comply with all applicable laws and marketplace policies.

Curvy Missfits Closet reserves the right to edit, reject, suspend, remove, or restrict any Listing that we reasonably believe:

  • Violates these Terms.
  • Violates our marketplace policies.
  • Is unlawful.
  • Creates an unreasonable safety risk.
  • Is misleading or fraudulent.
  • May expose Curvy Missfits Closet or its Users to legal, financial, or reputational harm.

Reporting Listings

Users are encouraged to report Listings they reasonably believe violate these Terms or our marketplace policies.

Curvy Missfits Closet may investigate reported Listings and take any action we consider appropriate following our review.

Submitting knowingly false or malicious reports intended to harm another User may itself constitute a violation of these Terms.

Effect of Listing Approval

Although Curvy Missfits Closet reviews Listings before publication, our approval does not guarantee that a Listing is accurate, complete, authentic, safe, lawful, or free from error.

Our review does not replace the Seller's responsibility to provide truthful information or the Buyer's responsibility to review a Listing carefully before making a purchase.

Responsibility for each Listing, including the accuracy of its description, photographs, condition, authenticity, ownership, and legality, remains solely with the Seller.

11. Intellectual Property and User Content

Curvy Missfits Closet respects the intellectual property rights of others and expects all Users to do the same.

Ownership of Curvy Missfits Closet Content

Unless otherwise stated, the Curvy Missfits Closet website, marketplace, logos, branding, business name, text, graphics, designs, software, page layouts, features, and other original content are owned by or licensed to The Black Lotus Bodycare Company Inc. and are protected by applicable intellectual property laws.

Except as expressly permitted by law or with our prior written consent, Users may not copy, reproduce, distribute, modify, publish, sell, license, reverse engineer, or otherwise use our intellectual property for commercial purposes.

Ownership of User Content

Users retain ownership of the photographs, Listing descriptions, logos, and other original content they submit to Curvy Missfits Closet.

By submitting content to the marketplace, you represent and warrant that:

  • You own the content or have the legal right to use and publish it.
  • Your content does not infringe the intellectual property, privacy, publicity, or other legal rights of any person or business.
  • Your content complies with these Terms of Service and all applicable laws.

Licence Granted to Curvy Missfits Closet

By submitting Listings, photographs, descriptions, reviews, comments, or other content through our Services, you grant Curvy Missfits Closet a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, publish, store, format, modify for technical purposes (such as resizing or optimizing images), and distribute that content solely for the purpose of operating, promoting, improving, and providing the Services.

This licence continues only for as long as reasonably necessary to operate the marketplace, maintain transaction records, comply with legal obligations, or exercise our legal rights.

Marketplace Promotion

Users acknowledge that Curvy Missfits Closet may feature publicly available Listings, photographs, business names, usernames, shop names, boutique names, vendor names, logos (where the User owns the logo or has the legal right to grant permission for its use), and other marketplace content in connection with promoting the marketplace through our website, social media channels, newsletters, advertising, educational materials, press materials, or other marketing activities.

This promotional use may include highlighting individual Sellers, boutiques, vendors, featured collections, seasonal campaigns, community initiatives, marketplace success stories, or other content intended to promote Curvy Missfits Closet and its marketplace community.

No additional compensation is payable for such promotional use.

Nothing in this section transfers ownership of a User's intellectual property to Curvy Missfits Closet. Users retain ownership of their original content, subject to the licence granted under these Terms.

Copyright Complaints

If you believe that content appearing on Curvy Missfits Closet infringes your intellectual property rights, you may contact us with sufficient information to identify the material and explain the basis of your claim.

Curvy Missfits Closet reserves the right to investigate reported intellectual property concerns and may remove, restrict, or disable access to the content while the matter is being reviewed.

Users who repeatedly infringe the intellectual property rights of others may have their Listings removed or their accounts suspended or terminated.

12. Third-Party Services and Integrations

Curvy Missfits Closet may use or integrate with third-party products, platforms, software, payment processors, mapping services, communication tools, authentication providers, shipping providers, analytics services, and other technologies to operate, maintain, secure, and improve our Services.

These third-party services may include, but are not limited to:

  • Marketplace software providers
  • Payment processing providers
  • Identity and authentication services
  • Mapping and location services
  • Email and communication platforms
  • Form and data collection services
  • Automation and workflow services
  • Shipping and delivery providers
  • Analytics and security services
  • Customer support platforms
  • Cloud hosting and infrastructure services
  • Domain registration and website management services

Your use of certain features of Curvy Missfits Closet may also be subject to the separate terms, privacy policies, and conditions of those third-party providers.

No Control Over Third-Party Services

Although Curvy Missfits Closet carefully selects the third-party services used to support our marketplace, we do not own or control those providers.

Accordingly, Curvy Missfits Closet is not responsible for interruptions, outages, delays, technical failures, data transmission errors, security incidents, payment processing issues, mapping inaccuracies, authentication failures, or other events arising from the operation of third-party services beyond our reasonable control.

Changes to Third-Party Services

Curvy Missfits Closet may add, remove, replace, or modify third-party providers or integrations at any time in order to improve our Services, respond to business needs, comply with legal requirements, or address operational concerns.

Third-Party Links

Our Services may contain links to third-party websites, products, services, or resources for your convenience.

Curvy Missfits Closet does not endorse or assume responsibility for the content, availability, privacy practices, products, services, or business practices of any third-party website or organization.

Users access third-party websites and services at their own discretion and subject to the applicable terms and policies of those providers.

13. Disclaimers

Marketplace Disclaimer

Curvy Missfits Closet provides an online marketplace that enables Buyers and Sellers to connect and complete transactions.

Unless expressly stated otherwise, Curvy Missfits Closet is not the owner, manufacturer, or creator of items listed by independent Sellers. Each Seller is solely responsible for the accuracy, legality, quality, condition, safety, authenticity, pricing, and availability of the items they offer through the marketplace.

Additional Marketplace Services

Curvy Missfits Closet may also offer optional services, including managed boutique services, listing services, or other marketplace support services.

Participation in these optional services may be subject to additional agreements, policies, or terms that supplement these Terms of Service.

Where an additional agreement applies to a specific service, that agreement will govern that service in addition to these Terms of Service.

No Warranty

To the fullest extent permitted by applicable law, the Services and marketplace are provided on an "as is" and "as available" basis.

Curvy Missfits Closet makes no warranties or representations, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, reliability, uninterrupted access, or error-free operation.

No Guarantee of Sales or Purchases

Curvy Missfits Closet does not guarantee that Sellers will sell their items, that Buyers will successfully purchase desired items, or that Listings will receive views, inquiries, offers, or sales.

Marketplace performance depends on many factors beyond our reasonable control.

No Guarantee of User Conduct

Although Curvy Missfits Closet may review Listings, verify certain information, or moderate marketplace activity, we do not guarantee the conduct, identity, honesty, performance, or legal compliance of any User.

Users are encouraged to exercise reasonable judgment when buying, selling, communicating, arranging local pickup, or otherwise interacting through the marketplace.

Information Disclaimer

Any information, educational content, blog articles, guides, recommendations, marketplace resources, or other materials provided through Curvy Missfits Closet are offered for general informational purposes only and should not be considered legal, financial, tax, medical, or other professional advice.

Users remain responsible for obtaining independent professional advice appropriate to their individual circumstances.

Consumer Rights

Nothing in these Terms of Service excludes or limits any rights that cannot legally be excluded or limited under applicable consumer protection laws.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Curvy Missfits Closet, The Black Lotus Bodycare Company Inc., its directors, officers, employees, contractors, agents, affiliates, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the use of, or inability to use, the Services.

This limitation includes, but is not limited to, damages for loss of profits, loss of business opportunities, loss of data, loss of goodwill, business interruption, unauthorized access to accounts, payment disputes, shipping delays, lost or damaged packages, or other commercial or personal losses arising from the use of the marketplace.

Curvy Missfits Closet is not responsible for disputes between Buyers and Sellers except as expressly provided in our applicable policies.

To the fullest extent permitted by law, the total cumulative liability of Curvy Missfits Closet arising from or relating to these Terms of Service or the Services shall not exceed the greater of:

  • The total fees paid by the User to Curvy Missfits Closet during the twelve (12) months immediately preceding the event giving rise to the claim; or
  • One hundred Canadian dollars (CAD $100).

Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, certain portions of this section may not apply to the extent prohibited by applicable law.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law, including liability arising from fraud, wilful misconduct, or gross negligence where applicable.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Curvy Missfits Closet, The Black Lotus Bodycare Company Inc., and its directors, officers, employees, contractors, agents, affiliates, successors, assigns, and service providers from and against any claims, demands, actions, proceedings, damages, judgments, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of the Services;
  • Your Listings or other content you submit to the marketplace;
  • Your purchase or sale of items through the marketplace;
  • Your violation of these Terms of Service or any applicable policy;
  • Your violation of any law or regulation;
  • Your infringement of another person's intellectual property, privacy, publicity, or other legal rights;
  • Any false, misleading, inaccurate, or fraudulent information you provide; or
  • Any dispute between you and another User.

Curvy Missfits Closet reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In such circumstances, you agree to cooperate fully in the defence of the claim.

16. Suspension and Termination

Curvy Missfits Closet reserves the right to suspend, restrict, deactivate, or terminate any User account, Listing, Shop, or access to the Services, with or without prior notice, where permitted by applicable law, if we reasonably believe that a User has:

  • Violated these Terms of Service or any marketplace policy;
  • Provided false, misleading, or fraudulent information;
  • Engaged in unlawful, abusive, deceptive, or fraudulent conduct;
  • Infringed the intellectual property or legal rights of another person or business;
  • Attempted to interfere with the security, operation, or integrity of the marketplace;
  • Used the Services in a manner that may expose Curvy Missfits Closet, its Users, or The Black Lotus Bodycare Company Inc. to legal, financial, reputational, or security risks; or
  • Otherwise engaged in conduct that we reasonably determine is harmful to the marketplace or its community.

Curvy Missfits Closet may also remove or disable access to any Listing or content that, in our reasonable judgment, violates these Terms of Service, applicable law, or marketplace policies.

Users may stop using the Services or close their accounts at any time, subject to the completion of any outstanding transactions and any legal or contractual obligations that survive account closure.

Termination or suspension of an account does not relieve a User of any obligations incurred before the effective date of the suspension or termination, including payment obligations, dispute resolution responsibilities, or other provisions that by their nature are intended to survive termination.

17. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to the Services or these Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Where permitted by applicable law, the parties agree that any legal proceeding arising out of or relating to these Terms of Service or the Services shall be brought exclusively before the courts located in the Province of Ontario, Canada.

Nothing in this section limits any rights or remedies that cannot legally be waived under applicable consumer protection laws.

18. Changes to These Terms

Curvy Missfits Closet reserves the right to modify or update these Terms of Service at any time to reflect changes to our Services, marketplace features, business practices, legal requirements, or applicable laws.

When we make material changes, we will update the "Effective Date" at the beginning of these Terms and may provide additional notice where required by applicable law.

By continuing to access or use the Services after updated Terms become effective, you agree to be bound by the revised Terms.

If you do not agree with the updated Terms, you must discontinue using the Services.

19. Contact Information

If you have any questions about these Terms of Service or the Services provided by Curvy Missfits Closet, you may contact us at:

Curvy Missfits Closet
A brand of The Black Lotus Bodycare Company Inc.

Email: contact@curvymissfitscloset.com

Website: https://www.curvymissfitscloset.com

We will make reasonable efforts to respond to inquiries in a timely manner.

20. Miscellaneous

Entire Agreement

These Terms of Service, together with any policies, guidelines, or additional agreements expressly incorporated by reference, constitute the entire agreement between you and Curvy Missfits Closet regarding the use of the Services.

Severability

If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

No Waiver

Failure by Curvy Missfits Closet to enforce any provision of these Terms of Service shall not constitute a waiver of that provision or of any other rights under these Terms.

Assignment

Curvy Missfits Closet may assign or transfer its rights or obligations under these Terms of Service as part of a merger, acquisition, corporate reorganization, sale of assets, or other business transaction.

Users may not assign or transfer their rights or obligations under these Terms without the prior written consent of Curvy Missfits Closet.

Survival

Any provisions of these Terms of Service that by their nature should survive termination, including but not limited to provisions relating to payments, intellectual property, limitation of liability, indemnification, dispute resolution, governing law, and other continuing obligations, shall survive the termination of these Terms or a User's account.