TERMS OF USE

Hello and welcome to Fashion IQ http://wwwfashioniq.com (hereinafter the “Website”) that is owned and operated by Fashion IQ LLC (hereinafter “we”/”us”). By visiting our website and/or buying products through our Website, you are accepting these Terms of Use. Please read these Terms of Use as they govern your use of the Website.

GENERAL TERMS

Using the Site

You can browse the Website but will be required to have an account to carry out certain activities on the Website, for example ordering products and services. Creating an account is free and the process of signing up is laid out on the Website. Please note that You are fully responsible and liable for the security of your account password and any/all use or misuse of the same. You agree to notify us immediately of any unauthorized use of your account. We do not assume any responsibility and will not be liable, for any damages arising from or related to your failure to keep your password secure. You cannot transfer or share your account with any one else.

Account Data

All information that you provide through the Website, including registration information, payment information and transaction-related information, must be true and accurate. We will rely on the information you provide and we will process your data in accordance with the terms of our Privacy Policy (see below) which you should review before submitting any personal information to us. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information as needed.

Trade Mark & Copyright Information

All content included on the Website, such as text, graphics, logos, is the property of Fashion IQ LLC. or its suppliers and is protected by U.S. and international copyright laws. Nothing contained on this Website should be construed as granting any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

Amendments

We may alter, suspend, or discontinue this Website or goods sold on this Website may be changed by the relevant merchant at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Furthermore, these Terms of Use may be amended or updated by us from time to time and the Terms may therefore have changed since your last visit to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website after any amendments or updates to these Terms of Use shall signify your acceptance of such revised terms. You should visit this page periodically to review these Terms of Use.

Links to Third-Party Websites

This Website may contain links to other websites that are not owned or controlled by us. We are not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website not operated by us does not imply that we endorse or accept any responsibility for the content or use of such websites.

DISCLAIMER.

THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR ANY EXPRESS WARRANTIES GIVEN IN RELATION TO GOODS SOLD ON THE WEBSITE, WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD FASHION IQ AND ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Release

Because we do not control third party payment processing companies, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and organizers and creators or hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Website.

Termination

We may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to breaches or violations of these Terms of Use, discontinuance or material modification to the Website (or any part thereof), unexpected technical, security or legal issues or problems.

Enforcement

If any part of these Terms of Use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Any failure by us to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. No waiver by us of any provision of these Terms of Use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

Applicable Law

The laws of New York, and the federal laws of the United States will govern these Terms of Use without giving any effect to any principles of conflict of law.

No Trial by Jury

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY CLAIMS ARISING IN RELATION TO THE WEBSITE, ORDERS OR SERVICES OFFERED THROUGH THE WEBSITE.

II. ADDITIONAL TERMS: PURCHASE TERMS

Fashion IQ’s role

Through sections of the Website, we act as a conduit and facilitator of transactions between merchants and consumers who wish to purchase products through the Website.

Catalogue and Product Descriptions.

All features, specifications, products and prices of goods are subject to change at any time without notice and are provided by the applicable merchant advertising goods on the Website. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We have made every effort to display as accurately as possible the colors of the goods that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display the color of the item you purchase.

Orders

We reserve the right to refuse service (including any order placed through the Website. In the event we or the applicable merchant needs to make a change to or cancel an order, an attempt will be made to notify you by contacting the e-mail and/or billing address/phone number in your account which is currently on file at the time the order was made.

Payment Info

All credit cards must be valid, authentic and you must be authorized to use them. If a charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further liability or obligation to you. We reserve the right to stop accepting credit cards from one or more issuers at any time and not to process any transactions we suspect might be fraudulent.

Prices and Fees

Your credit card will be charged once you place an order for a product. Before your credit card is charged, an authorization will be obtained for the amount of your order. Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees and applicable taxes associated with goods you order with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn’t reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your cart and the time you purchase it.

Taxes

Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges.

Refund Policy

If you are dissatisfied with a purchase for any reason, you should contact the merchant who provided it to you in the first instance. Merchandise may be refunded based on the terms offered in the return policies of each Merchant so please refer to the merchants’ respective websites for more information.

Shipping and Delivery

On average, items purchased will be queued up for shipment within two (2) business days of the relevant merchant receiving your order and will be shipped in accordance with that merchant’s shipping terms indicated by the Merchant on the purchase page.

Disputes Relating to Orders.

If a dispute arises in relation to a purchase or order you have placed through the Website, our goal is to provide you with a cost effective means of resolving the dispute quickly. Before resorting to litigation, we strongly encourage you to first contact the merchant responsible for order fulfillment to seek a resolution, since most customer concerns can be resolved quickly and satisfactorily in this manner. If a satisfactory result cannot be reached directly with the merchant please contact us to assist in obtaining a refund or other appropriate resolution.

If you have a complaint against us or need any additional information or support in using the Website, please contact us at info@fashioniq.com.PRIVACY POLICY

This Privacy Policy describes how Fashion IQ. (“we”/”us”) collects, stores, uses and distributes information when you visit our website, www.fashioniq.com (the “Website”) and/or make purchases through our website or participate in subscriptions offered by us. In addition to this Privacy Policy, you must read and agree to our Terms of Use when using the Website, including when ordering and buying goods online through the Website and through our Affiliates.

Personal Information that We Collect.

We do not collect any personally identifiable information about you when you visit the Website unless you voluntarily provide this information, for example by creating an account, ordering products, submitting entries to contests, sending queries, comments or other feedback about the Website to us at http://fashioniq.com online chat. Personal information collected in these cases may include your name, contact details, email address, telephone number, shipping and billing address, items purchased and other information which would be useful or necessary to process your orders (if applicable), provide customer support, allow you to use our website and send you communications such as newsletters (if you have opted to receive the same) and updates on your product orders.

It is always your choice whether to provide personal information to us and by doing so, you acknowledge and agree that you are giving us your consent to use that information to respond to your requests, to contact you and to provide information about our products, services and opportunities (see further: Communications from Fashion IQ below). In relation to personal information provided by you in connection with a job listing, we will use that information for the purpose of assessing your application.

Third Party Sources.

If you have liked us on Facebook, Instagram, or interact with us through other social media sites, we may have access to some personal information about you (e.g. your name and the posts you have liked) that is made available on those third party sites. We will only use that data in an aggregated fashion to review and improve the Website and our services.

Automatic Collection of Information.

We automatically collect certain statistical and other data about visitors use or visits to the Website. This information includes IP addresses, statistics on pages viewed, web browsers and operating systems. This information is not personal information and is used by us to improve the Website and our services.

Cookies.

The Website uses cookies for purposes such as site personalization. You can reject cookies and still browse the Website, however it will disable the ability for the site to recognize your cart, your account and any personalization efforts. We use this information to provide services to you, to measure and improve those services and to provide customer support. We may also use the information to detect and prevent unlawful activities.

Communications from Fashion IQ.

Some messages from us are automatically sent when you open an account with us, place an order (including notification emails regarding the status of your order) or if we choose to email updates to this Policy or our Terms of Use. These communications cannot be opted out of by you unless you close your account. However, certain communications are optional (ex: if we make the option available to receive newsletters or product line updates from the Website) and can be opted-in and out of at your discretion. If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

Advertisements.

Advertisements appearing on the Website may be delivered by us or one or more third-party web advertisers. These third party web advertisers may set cookies. These cookies allow the advertisement server operated by that third party to recognize your computer each time they send you an online advertisement. Accordingly, advertisement servers may compile information about where or whether you viewed their advertisements and which advertisements you clicked on. This information allows web advertisers to deliver targeted advertisements that they believe will be of most interest to you. The Privacy Policy applies to cookies placed on your computer by us, but does not cover the use of cookies by any third-party web advertisers. For the privacy practices of such third-party web advertisers, you should consult the applicable privacy policy for the relevant third-party web advertiser(s).

Affiliates.

Affiliated Businesses and Third Party Websites We Do Not Control: In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. For example, if you purchase tickets through our Concierge Service, we may share certain information about you with the applicable Merchant, in order to allow such Merchant to redeem tickets for your use at the desired event. Another such service may include the ability for you to automatically transmit Third Party Account Information to your Website profile or to automatically transmit information in your Website profile to your third party account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Protecting Your Security.

We take technical, contractual and administrative steps designed to protect your Personal Information. For example, we reveal only the last four digits of your credit card numbers when confirming an order. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, remember to log out of your account and close your browser window when you have finished using the Website.

Retention.

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

Amendment of this Policy.

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post an appropriate notice on the home page of the Website. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Website signifies your acceptance of any changes.

Access and Accuracy.

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

Contact Us.

If you have any questions or concerns regarding this privacy statement and/or our practices in relation to data, please contact us at info@fashioniq.com.