Terms Of Services
Last Updated On: 22/09/2024
Shonir Digital Service Private Limited with its registered office at House No-62, Ward no 4 Koshta Mohalla Mandla City Mandla Mandla MP 481661 IN is the creator, owner and publisher of the Platform Fashonir, which includes both the Webiste and Mobile Application (hereinafter referred to as “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, updated (temporarily or permanently) from time to time at the discretion of the Company.
These terms of use (“Terms”), including the various policies incorporated by reference in these Terms, govern your access to and use of this Platform and the underlying services provided by us through the Platform, including our SMS, APIs, email notifications, ads, commerce services, and our other covered services that may link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as “Content”). Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and the Company. When You use any of the Services provided by Us through the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. If you transact on our Platform, you shall be subject to the policies that are applicable for such transaction.
Please read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Conditions. Terms and Conditions together with the Privacy Policy is hereinafter collectively referred to as the Terms.
If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between the Fashonir and you in connection with your use of the Online Platform, as defined below. If you have any questions regarding our services, you can email us at support@fashonir.com
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of this Platform (“Platform”).
In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.
1.0 IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:
1.1 “Products” shall mean Products listed on the Platform by Vendor as a part of the for purchase by Buyers;
1.2 “Posts” shall mean Posts listed on the Platform by Vendor including Image Posts, Multiple Images Posts and Reel(Video) Posts;
1.3 “Vendor” shall mean a user who has executed a Vendor Contract with us for the listing of their Products on the Platform, to be offered for sale or made available for purchase and who has agreed to register on the platform as a Vendor for this purpose;
1.4 “We”, “Us”, or “Fashonir”, shall mean Fashonir Private Limited, its affiliates, permitted assigns and partners, and the terms “Our” and “our” shall be construed accordingly; and
1.5 “You”, “User” shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the Platform, or using the Platform or the Services offered through the Platform, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number and email while registering on the Platform (“Registration Data”), and the terms “Your” shall be construed accordingly.
2.0 APPLICABILITY OF TERMS:
2.1 By accessing and/or using all or a portion of the Services, You acknowledge and agree that:
2.1.1 You have read and understood the Terms;
2.1.2 The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
2.1.3 Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;
2.1.4 Written approval is not a prerequisite to the validity or enforceability of the Terms.
2.2 The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:
2.2.1 The Indian Contract Act, 1872;
2.2.2 The (Indian) Information Technology Act, 2000;
2.2.3 The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”);
2.2.4 The orders, rules, regulations, guidelines, notifications and
clarifications issued by any legislative, regulatory or governmental
authority at central, state or local level
3.0 MODIFICATION OF TERMS
3.1 The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time. Such changes shall be notified to you to your registered email address. Your continued use of the Online Platform following such notification constitutes your agreement to follow and be bound by the Terms so modified
3.2 If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
3.3 These Terms allows the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the
Platform.
4.0 CONDITIONS OF USE
4.1 You warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and agree to use the Services in accordance with this Agreement.
4.2 You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) create a Customer account and/or use the Site, you agree to: (i) supervise the Minor’s use of the Site and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their Customer account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
4.3 The Services are provided to you only for your personal, non-commercial use. You shall not resell the Services ordered from the Platform.
4.4 You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.
4.5 The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email address, QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense or damage incurred by you as a result of you accessing the platform and utilizing its services via access links, SMS notifications, OTPs, email address, QR
codes etc. which have not been delivered to you personally by the Company.
4.6 You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services.
4.7 For the purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user-visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing.
5.0 REGISTRATION
5.1 To fully avail the Services of the Platform, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes Name, Email ID, Mobile Number and Address. Users who register with us can avail the Services of the Platform. The Platform offers the Users an option of signing up through other third-party social networking sites, including but not limited to Gmail, etc. Upon such signup, our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name and gender, and all such information is stored in Our system. Users who do not want to register with Us can check out as a guest and avail the services.
5.2 Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference. Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently
suspend Your account.
​
5.3 By using this Platform and providing your contact information to us through the Platform, you hereby agree and consent to receiving calls, autodialled and/or prerecorded message calls, e-mails and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls / email messages / text messages, you may send an e-mail to the effect to support@fashonir.com. You agree and acknowledge that it may take up to seven (7) business days for us to give effect to such a request by the you.
6.0 LIMITED USE
6.1 The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that Fashonir name is stated as the source and prior written permission of Fashonir is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
6.2 Throughout these Terms, Fashonir prior written consent means a communication issued by Fashonir legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
7.0 DELIVERY
7.1 CANCELLATION - After placing an order, if the you wish to cancel the order, the you shall send an email to support@fashonir.com,with order details that need to be cancelled with a reason. You can cancel your order online before the delivery of the Order. In case the item You have ordered has been delivered to You, You cannot cancel the order.
7.2 The Product will be delivered to the address provided by you at the time of placing the order. Delivery of all orders will be duly done to the address as mentioned by you at the time of placing the order. Products are not shipped on Sundays and public holidays. You are requested to enter the correct billing address and contact information. Make sure to also enter the correct shipping address (Street number and name, City, State, and Zip Code) as We are not liable for packages that are sent to the wrong address when the address information is not entered correctly. The approximate delivery date and time for delivery of a particular Product shall be displayed on the Platform at the time of checkout or notified via SMS post completion of payment. Delivery dates and timings are subject to factors such as location serviceability, availability of Products, logistical factors such as traffic, shipment and weather conditions, political disruptions, etc. and other unforeseen circumstances.
7.3 All Products are delivered by the Company via one or more third-party delivery services. If the Product is not delivered within the estimated delivery time frame quoted at the time of checkout, please contact us by email at [Contact Info of the Entity (support@fashonir.com)]. The Company will, on a best effort basis, attempt timely delivery of your Product. In case of delay in delivery of Product, you shall be notified about the same via phone call, SMS, email or other electronic communication channels such as WhatsApp.
7.4 The Company via its third-party delivery agent, shall attempt delivery of the ordered Product on a maximum of three (3) occasions only. Any delay in delivery not attributable to you shall entitle you to cancel the Product and receive a full refund if applicable to your original source of payment.
7.5 We are committed to delivering your order in a timely manner. The maximum delivery time for any order is 15 days from the date of placing the order. In the event that we are unable to deliver your product within this 15-day period, the order will be automatically cancelled. Upon cancellation under these circumstances, you will be entitled to a full refund of the purchase price. The refund will be processed to your original method of payment within a standard time frame as per our refund policy. This ensures that you are not inconvenienced by any undue delays and maintains transparency in our delivery process.
7.6 In addition to our existing delivery terms, it is important to note that the delivery time can vary for different orders. To obtain an accurate estimate of the delivery time for your specific order, we recommend checking the estimated delivery time displayed on the checkout or cart page during your purchase process. Please be aware that an order can be placed from one store only at a time. However, you are free to place multiple orders simultaneously, should you wish to purchase from different stores. It's important to note that each order will incur separate delivery charges. This approach ensures clarity and transparency in our delivery process, allowing you to make informed decisions about your purchases.
8.0 REFUNDS AND RETURNS
8.1 In the event of an order cancellation, a full refund will be issued to you. This policy applies regardless of the reason for cancellation, whether initiated by you as the customer or due to circumstances beyond our control. The refund will be processed to the original method of payment used at the time of the order. We aim to process all refunds promptly to ensure customer satisfaction and maintain trust in our services.
8.2 A refund or return request must be initiated by you to begin the process. Please be aware that individual stores associated with our platform may have their own specific return and refund policies. While our default policy allows for returns, individual stores have the discretion to set their own return policies, which may include not allowing returns at all.
Please note that returns can only be initiated after the product has been delivered to you. This condition applies across all stores on our platform. Upon receiving the product, you are encouraged to inspect it and then, if necessary, proceed with the return in accordance with the store's specific return policy.
In instances where a store permits returns, the return period may vary for each store. By default, every store on our platform allows returns with a return period of 3 days from the date of delivery of the product. However, this default period can be modified by each store to suit their policy. It is advisable to check the specific return policy of the store from which you are purchasing to understand the applicable return period and conditions.
For cases of non-delivery or delay in delivery, irrespective of the store's individual policy, you are permitted to submit a refund or return request within 30 days from the date of payment. This ensures that you are protected in situations where the product has not been delivered as expected.
8.3 No refunds or returns shall be processed in the following circumstances:
8.3.1 No refunds or returns will be processed if the product is found to be damaged.
8.3.2 No refunds or returns will be processed if the product tag is removed.
8.3.3 No refunds or returns will be processed if the order exceeds the stipulated return period.
8.3.4 It is important to note that individual stores may have their own return policies, which can differ from the general policy outlined here. We strongly advise you to review the return policy of the specific store from which you are purchasing. This will ensure that you are fully informed about any store-specific terms and conditions that might affect your ability to return a product or receive a refund.
8.4 In the event of a returns request made by you, and the subsequent approval of the return request by the Company, refunds shall be processed within a period of 30 (thirty) days from the date in which the refund request is accepted by the Company. It is important to note that while the refund will include the total amount paid for the product, delivery charges are non-refundable. Therefore, the amount refunded to you will be net of the original delivery charges and any third-party payment gateway charges charged on your Booking. This ensures a transparent and fair refund process, reflecting the incurred costs of shipping and handling.
8.5 You authorize the Company to contact you for further processing of any such request via the contact information provided by you during registration.
8.6 If the quality of any Products purchased or obtained by you through the Platform does not meet the Product specifications displayed on the Platform, no compensation will be given other than the return and refund or exchange of the Product as per these Terms. The Buyer cannot request compensation from the platform for any reason, including but not limited to any variation in the finish or appearance of the final Product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect, or consequential damage of any kind caused by a Product, including any reactions to skin or other body parts, missed opportunities to avail certain discounts; any issue with our delivery partners or their personnel, any voucher which got deactivated due to the end of expiry date; unavailability of items which the Buyer tried to purchase, etc.
8.7 In exceptional cases, the return period may be extended based on specific circumstances. Users are advised to reach out to customer support for assistance.
8.8 Refunds will be processed through the original payment method used during the purchase.
8.9 If the return request is approved, the refund process will be initiated as per the Vendor’s policies.
9.0 PAYMENT
9.1 CHARGES: The use of this Platform, including browsing the Platform is free of cost. The Customers are only required to pay for the Services which they wish to Avail from the Platform. All prices listed on the Platform are in Indian Rupees.
9.2 After you have added Services to the shopping cart, and proceed to the checkout section, you will be asked for your contact information, as well as payment related information. To process such financial transactions, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these terms and the ESP's terms and conditions, these terms shall prevail.
9.3 To place a valid order on our Platform, you are required to complete the transaction, which includes making a payment for the products opted for. For online payments, once the payment transaction has been successfully completed and the funds have been received from your bank or credit card, your order will be processed. It is at this stage that your order is successfully placed and will be prepared for shipping. For COD orders, your order will be processed once you complete the checkout process on our platform.
You should be aware that your card statements (for online payments) will reflect a payment made in favor of our company. By placing an order on our site, you expressly agree to the terms and conditions and payment policy published in the appropriate section of the Platform. This includes an understanding and acceptance of our procedures for both online payments and COD orders.
9.4 While availing any of the payment method/s available through the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
9.4.1 Lack of authorization for any transaction(s), or
9.4.2 Exceeding the preset limit mutually agreed by You and
between ”Bank(s)”, or
9.4.3 Any payment issues arising out of the transaction, or
9.4.4 Decline of transaction for any other reason(s).
10.0 DISCLAIMERS
10.1 You shall store and use all products in accordance with usual and reasonable standards of storage and use of such products and in accordance with the instructions on their packaging or instructions received from the Company and/or brand that manufactures and sells that product, if any.
10.2 You acknowledge and agree that you avail the services listed on the platform at your own risk. You acknowledge and agree that Services are are not directy provided by Fashonir in its own name, and Fashonir does not have any rights or title to such contents, except for the right to market and deliver the same to you.
10.3 You further acknowledge that the Services are third party Services, and in case
of any dispute with respect to these contents, including but not limited to their
quality, quantity, usage, shall be directed by you to the Vendor
10.4 While the Company endeavors to include only quality products, the Company gives no warranty of fitness for the purpose of any of the products. This disclaimer of warranty shall particularly apply to color, appearance, size, quantity or suitability for a particular purpose of such contents.
10.5 You understand and acknowledge that the Products as displayed on the Platform, including any graphical representations of its packaging, color, design, use, appearance, quantity, size, and illustrations are indicative only and may differ from the actual items received.
10.6 The Services are provided on an "as is," "as available" basis. The Company makes no representations or warranties of any kind with respect to the Services provided by the Company. The Company assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services.
10.7 The Company expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non infringement, that the Services will function without interruption or errors in functioning, that there will not be disturbances related to internet service providers, cellular service providers, and cellular network operators or saturation of the internet network and for any other reason, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or work with any third-party software, applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Company disclaims all liability for damages caused by any such interruption or errors in functioning.
10.8 The Company disclaims all liability and responsibility with respect to your use of the Platform and the Services, including but not limited to your use of third party payment gateways, exposure of content to minors, security of devices used to access the Platform.
10.9 The Company takes all reasonable efforts to ensure that your use of the Platform is safe and is in line with safety and security practices for digital platforms. However, the Company in no way assumes responsibility for data safety and security practices and standards of any third-party service provider embedded in the Platform.
10.10 Fashonir disclaims all representations and warranties including but not limited with respect to accuracy, completeness, correctness, reliability, truthfulness, relevance of description of the Services, other content or information, feedback, opinions, reviews, suggestions, recommendations that may be displayed on the Platform.
11.0 YOUR OBLIGATIONS
11.1 You agree and undertake that you are accessing the Platform and transacting at your sole risk and that you are using your best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
11.2 You agree that they are solely responsible to us and to any third party for any breach of Your obligations under the Terms of Use and for the consequences including any loss or damage which we or our affiliates may suffer for any such breach.
11.3 You agree and acknowledge that we are not the manufacturer of the Products and the Website shall in no manner be deemed to be the manufacturer of the Products on this Website. We are only facilitating purchase of the Products by providing the Services to You.
11.4 You agree that we may, at any time, modify or discontinue all or part of the Platform, charge, modify or waive fees required to use the Platform, or offer opportunities to some or all Platform Users
11.5 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Platform. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card.
11.6 You agree to use the Platform and the Services provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
11.7 You agree and understand that all Products Purchased from the Platform are made pursuant to a shipment contract which means that the risk of loss and title for such items passed to you upon our delivery to the carrier.
12.0 REVIEWS, FEEDBACK AND DATA RETENTION
12.1 You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the Products Purchased by you. It is up to your discretion for to submit the same
12.2 You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions or reviews relating to Products Purchased by you. You agree not to post or publish any content on the Online
Platform that amounts to:
12.2.1 An infringement of any Company or third-party intellectual property or
privacy rights.
12.2.2 A violation of applicable laws or regulations, including but not limited
to the relevant rules under Information technology Act, 2000.
12.2.3 Defamation.
12.3 The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms. You agree to be contacted by the Company via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Products Purchased, dispute resolution, complaint resolution, any further information. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research,
consumer behaviors and profiling, data analytics, tracking market trends on an anonymized basis.
12.4 The Company is deemed to be a mere “intermediary” as defined under the applicable laws with respect to publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to publishing of your information and content. The Company is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by you on Platform.
12.5 The Company may retain such information and content provide by you on the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Sensitive Personal Information Rules.
12.6 We have no obligation to monitor the materials posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES WITH THE VENDORS. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Platform. You hereby represent
and warrant that You have all necessary rights in and to all Content Which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
13.0 INTELLECTUAL PROPERTY RIGHTS
13.1 The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or reviews relating to the Services or use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymized consumer profiling data, know-how, packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the "Company Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company.
13.2 The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble the services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property;
13.3 Your use of the Platform and the Services does not include an authority to resell or commercially use the Platform, the Services and Fashonir or its contents, Service listings, description, packaging (including but not limited to size, design, color, pattern), prices, images, texts, page layout, illustrations for the benefit of another merchant, including but not limited to by way of data mining, robot applications or data gathering and extraction tools. No part of the Services and no part of Platform and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any digital platform or any other computer, server, application, Platform or other medium for publication or distribution or for any commercial enterprise, without Fashonir express prior written consent.
14.0 LIMITATION OF LIABILITY
Please read this section carefully as it limits the liability of Fashonir and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the Fashonir”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
14.1 Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, FASHONIR DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
14.2 Without prejudice to the foregoing, the FASHONIR makes no warranty or representation and disclaim all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
(ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
(iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the [Fashonir or through the Services, will create any warranty or representation not expressly made herein.
14.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FASHONIR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES,
INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR
(iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR
TRANSMISSIONS OR CONTENTOF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii)
ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv)
UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR
TRANSMISSIONS OR CONTENT
14.4 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FASHONIR
EXCEED THE AMOUNT YOU PAID FASHONIR, FOR THE SERVICES
GIVING RISE TO THE CLAIM.
14.5 THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY
THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT FASHONIR HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.