Terms of Service

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Last updated: December 1, 2025

These Terms of Service (“Terms”) form a legal agreement between you (“you”, “User”) and Fimimall Inc. (“Fimimall”, “we”, “us”, “our”).

These Terms govern your access to and use of:

The Fimimall (Customer Shopping) App and website (fashion shopping / marketplace)
The Fimimall Driver app (delivery services)
The Fimimall Retailer Portal / FimiStore (retailer tools to list and manage products, orders, and payouts) FimiStore

Collectively, these are the “Services”.

By accessing or using any of the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility and Scope

1.1 Age. You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Services.

1.2 Territory. The Services are currently intended for users located in Canada, with delivery and retail operations primarily focused in Ontario.

1.3 Business Types.

Customers use Fimimall to search, compare, and purchase fashion products from multiple participating retailers. FimiStore
Retailers use FimiStore / Retailer Portal to list products and manage orders and payouts. FimiStore
Drivers use the Driver app to accept and complete delivery jobs on a gig / independent contractor basis.

1.4 Acceptance. By creating an account, clicking “Agree”, or using any part of the Services, you confirm that you have read, understood, and agree to these Terms.

2. Accounts and Registration

2.1 Account Types. You may create one or more of the following account types:

Customer Account – for shopping and ordering.
Retailer Account – for merchants / stores listing products and receiving payouts.
Driver Account – for individuals providing delivery services.

2.2 Information You Must Provide.
To create and maintain an account, you agree to provide accurate, complete, and up-to-date information, which may include:

Name, email address, phone number
Physical address and delivery address
Date of birth
Payment details (for customers)
Banking details and business / corporate information (for retailers and drivers) FimiStore+1

You agree to promptly update this information if it changes.

2.3 Account Security.
You are responsible for:

Maintaining the confidentiality of your login credentials
All activities that occur under your account

Notify us immediately if you suspect any unauthorized access or security breach.

2.4 Account Suspension or Termination.
We may suspend or terminate your account at any time, with or without notice, if:

You violate these Terms
We suspect fraudulent, abusive, or illegal activity
We are required to do so by law or by our payment service providers

3. Description of the Services

3.1 Fimimall Customer Experience.
Fimimall provides a fashion shopping search platform that allows you to:

Discover and compare fashion items (clothing, shoes, apparel, accessories) from multiple retailers
Add products from multiple stores into one cart
Place orders for fast delivery, typically within 5–72 hours from store to home where available (this is a target, not a guarantee and may vary due to factors beyond our control). FimiStore+1

3.2 Retailer Portal / FimiStore.
Retailers can:

Connect their store and inventory (including via integrations such as Shopify, where supported)
Sync products and inventory to Fimimall
Manage orders, returns, and customer issues
Receive payouts for completed sales on a commission-based model (you pay only when a sale occurs). FimiStore

3.3 Driver App.
Drivers can:

Create an account and complete required onboarding
View delivery requests in their area
Accept and complete deliveries from retailers to customers
Receive payouts for completed deliveries (subject to fees, adjustments, and applicable law)

3.4 Marketplace Role.
Unless we explicitly state otherwise:

Fimimall acts as a platform / marketplace connecting customers, retailers, and drivers.
The retailers are the actual sellers of the products.
The drivers are independent service providers handling delivery.
Fimimall is not a party to the sales contract between you and the retailer, nor the services contract between you and a driver.

4. Payments, Payouts, and Stripe

4.1 Stripe as Payment Processor.
We use Stripe to process payments and payouts. Stripe is an independent third-party payment services provider. Wikipedia

4.2 Customers – Payments.
When you make a purchase:

Your payment card information is collected and processed by Stripe; we do not store full card numbers on our servers.
You authorize Stripe to charge your payment method for the total order amount, including price, applicable taxes, fees, and delivery charges.

4.3 Retailers and Drivers – Payouts & Connected Accounts.
If you are a retailer or driver:

You must create and maintain a Stripe connected account, or otherwise provide information required by Stripe to enable payouts.
You authorize us to share your information with Stripe for payment processing, identity verification, compliance, and related purposes. Stripe Assets

4.4 Agreement to Stripe Terms.
By using payment features of the Services (including customer payments or retailer/driver payouts), you also agree to be bound by:

The applicable Stripe Services Agreement for your region; and Stripe+1
The applicable Stripe Connected Account Agreement, where you are a connected account (e.g., retailer or driver). Stripe+1

These Stripe terms are separate agreements between you and Stripe. We are not responsible for Stripe’s services or decisions.

4.5 Approvals, Holds, and Chargebacks.
Payment authorizations, settlements, holds, declines, and chargebacks are primarily controlled by Stripe, card networks, and financial institutions, and may be subject to:

Fraud checks
Regulatory requirements
Disputes or chargebacks initiated by customers

We may delay, withhold, or reverse payouts if:

Transactions appear fraudulent or in violation of these Terms or Stripe’s policies
We receive a chargeback, dispute, or similar claim
Required information is incomplete or inaccurate

4.6 Fees and Commissions.

Customers: you may be charged product prices, delivery fees, taxes, and other applicable charges disclosed at checkout.
Retailers: Fimimall typically charges a commission on successful sales and may charge other agreed fees. Details will be provided in your retailer agreement or dashboard. FimiStore
Drivers: your earnings and any applicable fees or adjustments will be shown in your Driver app.

4.7 Taxes.
Retailers are responsible for assessing, collecting, and remitting any applicable sales or value-added taxes on product sales. Drivers are responsible for any taxes related to their earnings. You agree that Fimimall may collect and remit taxes where required by law or as directed by authorities.

5. Orders, Deliveries, Returns, and Cancellations

5.1 Order Acceptance.
An order you place via Fimimall is an offer to purchase products from the retailer(s). A retailer may accept or reject an order, for example if:

Items are out of stock
Pricing or listing errors occur
The order appears fraudulent or non-deliverable

5.2 Delivery.
Delivery is offered via Fimimall’s network of drivers and/or third-party couriers where available. Delivery windows (such as 5–72 hours) are estimates and not guaranteed. FimiStore

5.3 Risk of Loss.
Risk of loss and title to products generally pass from the retailer to you upon delivery, subject to applicable law and any retailer-specific policies.

5.4 Returns and Refunds.
Return, exchange, and refund policies may vary by retailer. Fimimall may:

Display the retailer’s policy at checkout or on product pages
Facilitate communication or logistics for returns as a platform

Unless we expressly state otherwise, Fimimall does not itself provide warranties on products and is not directly responsible for returns, except as required by law.

5.5 Order Issues.
If an order is missing, damaged, or incorrect, please contact us through the app or website. We may:

Work with the retailer and/or driver to investigate
Offer a replacement, refund, partial refund, or credit where appropriate and permitted by law

6. Retailers – Additional Terms

If you use the Services as a Retailer, this section applies in addition to the rest of the Terms.

6.1 Merchant Responsibility.
You are solely responsible for:

The accuracy, legality, and completeness of your product listings, pricing, images, and descriptions
Maintaining accurate inventory and fulfilling orders in a timely manner
Product quality, safety, and compliance with applicable laws and standards
All customer service relating to your products (including defects, returns, and warranties)

6.2 Product Restrictions.
You may only list fashion-related products, such as clothing, shoes, and apparel-related accessories. You may not list:

Illegal or counterfeit goods
Weapons, drugs, or controlled substances
Adult, explicit, or otherwise inappropriate content
Any items prohibited by law, card network rules, or our or Stripe’s policies Stripe+1

We may remove any product listing at our discretion.

6.3 Compliance and Licences.
You represent and warrant that:

Your business is properly registered and in good standing in the jurisdiction(s) where you operate
You hold all licenses, permits, and approvals required to sell your products
You comply with all applicable consumer protection, privacy, tax, and e-commerce laws

6.4 Inventory and Integrations.
If you connect your store via integrations (such as Shopify):

You authorize Fimimall to access product, inventory, and order information necessary to provide the Services. FimiStore
You are responsible for configuration, mapping, and accuracy of synchronized data.

7. Drivers – Additional Terms

If you use the Services as a Driver, this section applies in addition to the rest of the Terms.

7.1 Independent Contractor.
You act as an independent contractor, not an employee or agent of Fimimall. These Terms do not create any employment, joint venture, or partnership relationship.

7.2 Driver Responsibilities.
You are responsible for:

Maintaining a valid driver’s licence and any required permits
Operating a safe and roadworthy vehicle
Complying with all traffic, vehicle, and safety laws
Handling products with care and delivering them to the correct recipient
Notifying us promptly of incidents, accidents, or delivery issues

7.3 Background Checks and Verification.
We may, directly or through third parties, perform background checks, identity verification, and other screenings as permitted by law. We may reject or terminate your account based on these results.

7.4 Earnings and Adjustments.
Your earnings for each delivery, as well as tips (if applicable), will be displayed in your Driver app. We may make adjustments in cases such as:

Fraudulent activity or misuse
Delivery not actually completed
Customer refunds or chargebacks
Mistaken payments

You are responsible for your own taxes and record-keeping.

8. User Content

8.1 Definition.
“User Content” means any text, images, photos, product photos, reviews, branding, or other materials that you submit, upload, or otherwise make available through the Services.

8.2 Fashion-Only Uploads.
Retailers and other users may only upload content that is fashion-related, including items such as clothing, shoes, and apparel accessories. Non-fashion or unrelated content may be removed.

8.3 License to Fimimall.
By submitting User Content, you grant Fimimall a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to:

Use, host, store, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly display, and publicly perform such content
For the purpose of operating, promoting, and improving the Services (e.g., displaying your products to shoppers, marketing your store, etc.)

8.4 Your Representations.
You represent and warrant that:

You own or have the necessary rights to your User Content
Your User Content does not infringe any third-party rights (including copyright, trademarks, privacy, and publicity rights)
Your User Content does not violate these Terms or any law

8.5 Content Moderation.
We may, but are not obligated to, review, monitor, or remove User Content at our discretion, including where it is:

Illegal, offensive, or harmful
Misleading or inaccurate
In violation of these Terms or third-party rights

9. Prohibited Activities

You agree not to:

Use the Services for any unlawful purpose or to violate any law or regulation
Upload or list illegal, counterfeit, stolen, unsafe, or prohibited goods
Upload explicit, pornographic, hateful, violent, or otherwise inappropriate images or content
Interfere with or disrupt the Services, servers, or networks
Attempt to gain unauthorized access to any accounts or systems
Use the Services to commit fraud, money laundering, or any financial crime
Reverse engineer, decompile, or attempt to extract source code from the Services
Use bots, scrapers, or automated tools to access or collect data from the Services without our written permission

10. Privacy

10.1 Privacy Policy.
Our collection, use, and disclosure of personal information are described in our Privacy Policy, which is incorporated by reference into these Terms. You agree to review and comply with the Privacy Policy when using the Services.

10.2 Sharing with Third Parties.
We may share information with third-party service providers (such as Stripe, hosting providers, analytics providers, marketing tools, and integrations) as necessary to operate and improve the Services and as detailed in our Privacy Policy. Stripe Assets+1

11. Intellectual Property

11.1 Our IP.
All rights, title, and interest in and to the Services (including software, design, logos, trademarks, text, graphics, and other content) are owned by Fimimall or our licensors, and are protected by intellectual property laws.

11.2 Limited Licence to You.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal or internal business purposes.

11.3 No Other Rights.
Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.

12. Third-Party Services

The Services may integrate with or link to third-party services (including Stripe, Shopify, social networks, analytics, etc.). FimiStore+1

We do not control and are not responsible for third-party services.
Your use of third-party services may be governed by separate terms and privacy policies.
We are not liable for any damages or losses arising from your use of or reliance on third-party services.

13. Disclaimers

To the fullest extent permitted by law:

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory.
We do not guarantee that products will always be in stock, that deliveries will always meet estimated times, or that the Services will be uninterrupted, secure, or error-free.
We make no warranties about the quality, safety, legality, or fitness for purpose of products sold by retailers, or the conduct of drivers or other users.

Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

14. Limitation of Liability

To the maximum extent permitted by law, Fimimall and its officers, directors, employees, and affiliates will not be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Any loss of profits, revenue, business, data, or goodwill
Any loss or damage arising out of or in connection with:
- Your use of or inability to use the Services
- Products purchased from retailers through the Services
- Actions or omissions of retailers, drivers, or other users
- Third-party services, including payment processors like Stripe

In all cases, our total aggregate liability to you for any claims relating to the Services will be limited to the greater of:

The amount you paid to Fimimall in fees during the three (3) months prior to the event giving rise to the claim; or
CAD $100.

Some jurisdictions do not allow certain limitations of liability; in such cases, our liability will be limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Fimimall and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

Your use of the Services
Your violation of these Terms or any applicable law
Your User Content
Any product you list or sell (for retailers)
Any delivery or conduct while acting as a driver

16. Termination

16.1 Your Right to Terminate.
You may stop using the Services and close your account at any time, subject to any outstanding obligations (such as unpaid fees, unresolved orders, or pending payouts).

16.2 Our Right to Terminate.
We may suspend or terminate your access to the Services (including any account) at any time, with or without notice, if:

You breach these Terms
We suspect fraudulent, illegal, or abusive activity
We are required to do so by law or by a third-party service provider (e.g., Stripe)

16.3 Effect of Termination.
Upon termination:

Your right to use the Services will cease immediately
We may retain certain information as required or permitted by law and our Privacy Policy
Outstanding obligations (such as payment of fees or resolution of disputes) will survive termination

17. Governing Law and Dispute Resolution

17.1 Governing Law.
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

17.2 Jurisdiction.
You agree that the courts located in the Province of Ontario, Canada will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, except where prohibited by applicable consumer law.

18. Changes to These Terms

We may update or modify these Terms from time to time. When we do:

We will post the updated Terms on our websites and/or apps and update the “Last updated” date.
In some cases, we may also notify you by email or in-app notification.

If you continue to use the Services after the updated Terms take effect, you are deemed to have accepted the changes. If you do not agree to the new Terms, you must stop using the Services.

19. Miscellaneous

Entire Agreement. These Terms, together with any additional terms applicable to your use of specific features (e.g., retailer or driver addenda) and our Privacy Policy, constitute the entire agreement between you and Fimimall.
Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

20. Contact Us

If you have questions about these Terms or the Services, you can contact us at:

FimiMALL Inc.
Email:support@fimimall.com