Terms & Conditions
By accessing, viewing, using and posting material or comments on Finding Fashion’s web site;
you as the User agree to abide by the following terms, conditions and rules (“Agreement”).
These Terms & Conditions can change at any time and you will be required to comply with the version of the Terms & Conditions that are live on the site at all times.
While Finding Fashion invites Users to engage with and in open discussion and presentation of views on the website, Finding Fashion and Users agree to seven basic rules designed to maintain The website as an interesting, informative, and legally permissible forum:
- Users will not interfere with the use and enjoyment of The website by other Users (for example, by harassing or threatening another participant of the message boards or blog comments, including the use of expressions of bigotry, racism, sexism, hatred, or profanity);
- Users will not use The website to conduct any activity that is illegal (such as misleading and deceptive conduct) or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;
- Users will not use The website to advertise or sell products or services to others; or for spamming purposes to promote or encourage members to purchase products, services, or membership recruitment to others; doing so may incur a fee
- Users will not post or transmit material that is libellous, defamatory, obscene, fraudulent, harmful, threatening, or abusive, that violates the property rights of others (including without limitation copyright or trademark), that violates the privacy or publicity right of others, or that is used to circumvent manufacturer-installed copy-protection devices, including digital watermarks and registration numbers for software programs;
- Users will not post or disclose any personally identifiable information belonging to children or displaying material that exploits persons under 18 years of age;
- Users will not impersonate another User or Finding Fashion staff member; and
- User shall not post information on the site if they are a licensed investment adviser or representative of a licensed investment adviser unless they disclose their role and firm.
A User posting material represents that such material is owned by the User or used with permission of the copyright holder and the User grants to Finding Fashion or another User a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. The website site, as well as (a) all materials on the website site posted by Finding Fashion and (b) the organisation and layout of both the site and the materials posted by Users and Finding Fashion is owned and copyrighted by Finding Fashion or its suppliers and may be accessed, downloaded or printed for User’s personal non-commercial use only. Without the prior written permission of Finding Fashion or its suppliers, User may not copy, distribute, or transfer any material on The website, in whole or in part.
Linking or Framing on Other Web Sites
Finding Fashion or Users may include on The website any posted material on other Internet sites. Finding Fashion does not endorse any such sites or the information, material, products or services contained on or accessible through such other Internet sites, and the User’s access and use such sites, including information, material, products and services therein, solely at User’s own risk.
Disclaimer Of Warranty
To the extent permissible by law, Finding Fashion and its suppliers disclaim all express and implied warranties with regard to the information, services and materials contained on The website and message boards, including without limitation any implied warranties of merchantability, fitness for a particular purpose and non-infringement. All such information, services and materials are provided “As Is” and “As Available” without warranty of any kind. All responsibility and liability with respect to such information, services and materials, including, without limitation, the accuracy of any information, is hereby disclaimed.
Limitation Of Liability
In no event shall Finding Fashion or its suppliers be liable for any special, indirect, punitive, incidental, exemplary, reliance or consequential damages, or any damages whatsoever resulting from loss of use, business, data or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
Furthermore Finding Fashion expressly advises that it shall not be liable in any way whatsoever (whether in negligence or otherwise) for any loss or damage which may be suffered by any person (including Users) relying upon such information or any opinion, recommendations or conclusions contained in The website, or otherwise arising in connection with the contents of or any omission from content contained in The website except where a liability is made non-excludable by legislation. The information and statements contained in The website do not purport to contain all relevant information and any statement as to any future matter is a present prediction of a possible future outcome, the accuracy of which cannot be guaranteed. Persons (including Users) should not rely upon the content provided within The website but should make their own assessment and evaluation, undertake investigation and enquiries and seek advice to enable them to make any decision concerning their own interests.
By posting materials on The website, User’s agree to indemnify, defend, and hold harmless Finding Fashion , its related bodies, affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (a) User’s violation of this Agreement, and (b) User’s posting of material to The website.
Termination of Agreement and/or Service
Nothing in this Agreement prohibits Finding Fashion from terminating a Users access to any of the services provided by The website or terminating the website site altogether without notice and for any reason.
Changes to The website and the Agreement
Finding Fashion may make improvements or changes in the information, services, products, and other materials on the website, at any time without notice. Finding Fashion may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. User agrees to review this Agreement periodically, and User’s continued use of The website shall be deemed User’s acceptance of the modified agreement.
This Agreement constitutes the entire and only agreement between Finding Fashion and the User in relation to the use of The website as a site to access, use and post material and supersede any and all prior or contemporaneous agreement, representations, warranties, and understandings with respect to The website, the content, information, goods and services provided by or through The website, and the subject matter of this Agreement.
DISPLAYING SALE INFORMATION
Finding Fashion displays information and offers from retailers on our site which enables you to click through to their sites. We play NO PART in the sale process.
Finding Fashion offers no endorsement, warranty, undertaking, representations or responsibility in regard to the products, offers, retailers on the site. We are not an agent for you or any party viewing, selling or purchasing the offers. You will not involve, or attempt to involve, us in any way in any dispute or claims that arise between you and any third party in connection with the offers or purchases you make.
Retailers are responsible for their offers. We offer no guarantee that the retailer will have the offer available when you click through to their site. Finding Fashion is not responsible for any issues arising from any activity occurring on retailer sites.
Responsibility for all taxes lies between you and the retailer you purchase from.
We accept no responsibility and have no liability for retailer interaction with you.
The site and our services are provided on an as is and as available basis.
You will defend, indemnify and hold harmless us or any of our officers, directors, shareholders, employees, agents, contractors and advisors from and against any claims, actions, losses, liabilities, damages, expenses or costs whatsoever which may be brought against or made by any third party or which we may incur, suffer or pay arising out of, resulting from or attributable to you, your information, breach of the terms or applicable laws, or your use of the products or services on the FindngFashion site.
This agreement and the resolution of any dispute related to this Agreement or The website shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to conflicts of law principles. Finding Fashion’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between Finding Fashion and the User related to this agreement shall be brought exclusively in a court of competent jurisdiction sitting in New Zealand.
Any reference to Finding Fashion in this Agreement includes a reference to its related entities, as defined by the Corporations Law.