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Terms Of Use
Agreement to use under the following terms
This agreement and terms and conditions of use apply to the Site located at the domain www.modishfit.com and its affiliated businesses collectively known as Modishfit hereon.
By using the Site, you agree to these terms and conditions and if you do not agree then do not use the Site.
Modification of Terms of Use
Modishfit reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Modishfit grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All the content, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, computer code, design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Modishfit, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Site or other medium for publication or distribution or for any commercial enterprise, without the prior written consent from Modishfit.
User Conduct
This Site is a private property. All interactions on this Site must comply with these Terms of Use. Although user interaction on our Site is welcome and encouraged, we require that you restrict any and all activity in connection with the use of this Site to that which involves lawful purposes only and restrict any activity that infringes the rights of Modishfit and other users etc.
Use of any deep-linking, page-scraping, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site is strictly prohibited by Modishfit.
An attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Modishfit server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means is strictly prohibited by Modishfit.
You will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Modishfit, including any User Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You will not in any way interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
Purchases, Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Modishfit’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Modishfit may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Modishfit makes no commitment to update the materials on the Site with respect to such products and services. The products shown on the site may appear to be different from the actual due to your screen/computer settings and other reasons and the customisations shown are to give an idea and may differ slightly from actual. Modishfit will not be liable for a return, refund, alteration or exchange in that case.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an Account (including setting up a Modishfit username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Modishfit immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Modishfit or any other user of or visitor to the Site due to someone else using your Modishfit username, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else's Modishfit username, password or account at any time without the express permission and consent of the holder of that Modishfit ID, password or account. Modishfit cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Modishfit's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Modishfit's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Modishfit Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Modishfit's control, and Modishfit is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
The site and its content are provided on an “As is” and “as available” basis. Modishfit does not promise that the site or any of its content, service or feature will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. Modishfit does not guarantee the accuracy, integrity, or completeness of the content provided or the products or services offered on the site. Modishfit specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantibility or warranties of fitness for a particular purpose. No oral advice or written information given by Modishfit or its associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the site is at your own sole risk. Under no curcumstances shall Modishfit or its associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the site, including but not limited to reliance by a user on any information obtained at the site, or that result from mistakes, ommissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destructionor unauthorised access to Modishfit records, programs or services. You assume total responsibility for your use of the site and any linked sites. your sole remedy against Modishfit for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
Modishfit reserves the right to do any of the following, at any time, without notice: 1. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; 2. to modify or change the Site, or any portion of the Site, and any applicable policies or terms; 3. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Modishfit be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Modishfit has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Modishfit, its officers, presidents, shareholders, successors in interest, employees, associates, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Modishfit by any third party due to or arising out of or in connection with your use of the Site.
Violations of These Terms of Use
Modishfit may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any violation of terms of use, with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Modishfit’s rights or property, or the rights or property of visitors to or users of the Site, including Modishfit's customers.
Modishfit reserves the right at all times to disclose any information that Modishfit deems necessary to comply with any applicable law, regulation, legal process or governmental request and when Modishfit determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Modishfit may preserve any transmittal or communication by you with Modishfit through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Modishfit determines that such preservation or disclosure is reasonably necessary to enforce these Terms of Use, respond to claims that any such data violates the rights of others, protect the rights, property or personal safety of Modishfit, its employees, users of or visitors to the Site, and the public.
You agree that Modishfit may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it is determined that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Modishfit, for which monetary damages would be inadequate, and you consent to Modishfit obtaining any injunctive or equitable relief that Modishfit deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Modishfit may have at law or in equity.
You agree that Modishfit may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) 1. requests by law enforcement or other government agencies 2. a request by you (self-initiated account deletions) 3. discontinuance or material modification of the Site or any service offered on or through the Site 4. unexpected technical issues or problems.
If Modishfit does take any legal action against you as a result of your violation of these Terms of Use, Modishfit will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Modishfit. You agree that Modishfit will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
By accessing this website, you agree that Hong Kong law governs the terms of Use, the privacy policy and any agreement entered herein. By accessing this site you agree to be bound by laws and jurisdiction of Hong Kong. If you access the site from anywhere other than Hong Kong, you agree that Hong Kong law will govern these Terms of Use and the purchase of products by you through the site and that any dispute of any sort that moght arise between you and Modishfit or its affialiates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
You agree that no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Modishfit and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed Ninety (90) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Feedback and Information
Any feedback or similar materials you make available at this site shall be non-confidential and Modishfit shall be free to include such material in whole or in part or in modified form in the site and you grant Modishfit a perpetual, irrevocable, non-terminable, worldwide, royalty free, authorisation to use, copy, distribute, display, modify such material or any part of such material.