Welcome to the Fash platform, the specialized electronic platform for purchasing and designing clothes and dresses using artificial intelligence.
These Terms and Conditions (T&C) set forth below constitute the basis of the mutual relationship between You, and our platform ("Fash" platform). "And this relationship is considered a legally binding agreement between you and us." By "you" we mean the user, the customer, the stylist and by "us" or "we" we mean Fash Company.
- Preamble
- These terms and conditions shall govern your use of our Platform.
- By using our Platform, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you can contact our Platform administration, or you must not use our Platform.
- If you [registered with our Platform, submitted or submitting any material to our Platform or use any of our Platform services], we will ask you to expressly agree to these terms and conditions and its subsequent amendments.
- Our Platform uses cookies; by using our Platform or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy policy].
- Your acceptance of these terms and conditions is considered as an electronic signature in our electronic system and confirms the validity of the agreement and the T&C, by applying the provisions of Law No. 20/2014 on electronic transactions.
- Copyright notice
- This Platform is owned by (…………………………………...) that owns the copyright of all the material and information displayed on the platform.
- Subject to the provisions of these terms and conditions:
- We own and control all the copyright and other intellectual property rights in our Platform and the material on our Platform; and
- All the copyright and other intellectual property rights in our Platform and the material on our Platform are reserved.
- It is forbidden for you to:
- copy, record, edit, alter or translate any of the Fash Platform, or any part of the Fash Platform. This shall include, without limitation to removing, editing or otherwise interfering with (any names, marks, logos or branding on the Fash Platform
- Damaging or impairing any of our Intellectual Property Rights, and you shall exert your maximum effort to protect our Intellectual Property Rights from infringement by third parties.
- License of use:
- You may:
- Display pages from our platform;
- Download pages from our platform for caching;
- Print pages from our platform;
- Utilize services from our platform, while considering the other provisions of these terms and conditions.
- Except as expressly permitted in these terms and conditions, you must not download any material from our Platform or save any such material to your device.
- You may only use our Platform for your own personal use, and you must not use our Platform for any other purposes.
- Except as expressly permitted under a terms and conditions, you must not modify or edit any design on our platform except to the extent available on our platform.
- Unless you own or control the relevant rights of the design, you must not:
- Republish designs from our Platform (including republication on another Platform);
- Sell, rent or sub-license designs from our Platform;
- Show any design from our Platform in public;
- Exploit designs from our Platform for a commercial purpose; or redistribute designs from our Platform.
- We reserve the right to restrict access to some areas of our Platform, or our whole Platform, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Platform.
- Acceptable Use
- It is forbidden for you to:
- Use our platform in any way or take any action that causes, or may cause, damage to the platform or impairs the performance, availability, or accessibility of the platform including without limitation:
- Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble Fashh Platform or the communication system or any system of the Company.
- Access or interact with our platform in any other way using any robot, spider, or other automated means.
- Use our platform in any unlawful, fraudulent, or harmful manner or in connection with any unlawful, fraudulent, or harmful purpose or activity.
- Conduct any systematic or automated data collection activities including, without limitation, (scraping, data mining, data extraction, and data collecting) on or in relation to our platform without our express written consent.
- Use data collected from our platform for any direct marketing activity including, without limitation, (email marketing, SMS marketing, telephone marketing, and direct mail).
- Use data collected from our platform to contact individuals, companies, or other persons or entities
- Use our platform to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other harmful computer software or mobile device software.
- perform abusive trading.
- Ensure that all information you provide to us through our platform, or in relation to our platform, is accurate, updated, complete, and not misleading.
- Account creation on the Platform
- You can shop through the platform without creating an account, but you will be subject to its terms and conditions.
- To be eligible for an individual account on our platform, you must be at least 18 years of age.
- You may register for an account with our platform by completing and submitting the account registration form on our platform, and clicking on the verification link in the email that will be sent to you from the platform or a message on your mobile number.
- You must not allow any other person to use your account to access the Platform.
- You must notify us in writing immediately if you become aware of any unauthorised use of your account.
- You must not use any other person's account to access the Platform, unless you have that person's express permission to do so.
- Our privacy policy is applied in regards to your personal information you provide on our platform.
- If you forget your password, please use the 'Forgot Password' feature on the login page and follow the provided instructions.
- Account Termination:
- The creation of multiple accounts by a single individual is strictly prohibited. Any breach of this policy may result in the immediate termination of the account.
- Engaging in any unauthorized or unlawful activities, including but not limited to damaging, disabling, or attempting to damage or disable the platform, will lead to the termination of the account. This encompasses the utilization of the platform for illegal, abusive, hazardous, or detrimental purposes, with the understanding that such actions will result in the permanent closure of the account, and the individual will bear full legal responsibility for any ensuing consequences.
- Disclaimer
- You acknowledge that the platform is not legally or contractually responsible for any violation or infringement committed by you against any legal or contractual obligation or intellectual property rights, including copyright. You agree to indemnify the platform against any claims brought by third parties in this regard, bearing all expenses and fees, including actual legal fees.
- The platform undertakes the process of delivering the designs only from the workshop and tailor to the customer as agreed with the delivery company, without bearing any responsibility to deliver the designs from the designer, unless otherwise specified.
- The platform, workshop, and tailor are not liable for any delays in delivering the item if the delay is attributable to the delivery company.
- The designer selects the delivery company to deliver the customer's items, and the platform bears no responsibility for delivering the designer's items unless otherwise agreed upon.
- We are not responsible if the customer provides incorrect measurements and the design is executed based on those measurements. The customer is responsible for reviewing the size guide and available details provided through the platform to avoid discrepancies in orders.
- We do not guarantee the availability of the required fabrics for the selected design due to high demand, which may result in automatic database updates and the unavailability of the design with the chosen fabric.
- Payment Methods
- When the user selects an electronic payment method, payment is processed through the platform's partner service provider ………………………… will retain your credit card information for future payment processing. Please note that Fash platform, does not retain your credit card information or payment data.
- It is the user's responsibility to ensure that there are sufficient funds in their credit card or direct debit card when placing an order. The platform will reasonably address issues related to payments made through its platform, including refunds, charges, cancellations, and dispute resolution, provided that they are reasonable and justified, at the discretion of the platform, according to these terms.
- All payment transactions are settled in Kuwaiti Dinar currency, and international transfers are subject to exchange rates.
- During the payment process, you can pay via Knet, Mastercard, Visa or any available method available on the platform and you will be directed to a secure payment page.
- Breach of these terms and conditions:
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- Send you one or more official warnings;
- Temporarily suspend your access to our Platform;
- Permanently prohibit you from accessing our Platform;
- Block computers using your IP address from accessing our Platform;
- Contact any or all of your internet service providers and request that they block your access to our Platform;
- Commence legal action against you, whether for breach of T&C or otherwise;
- Suspend or delete your account on our Platform.
- When we suspend or restrict your access to our platform or any part of our platform, you must not take any action to circumvent such suspension, restriction, or ban including, but not limited to, (creating and/or using a different account).
- Modifications
- We may revise and modify these terms and conditions from time to time.
- The modified terms and conditions shall govern your use of our platform starting from the date of the updated terms and conditions being published on the platform and from the date of electronic notification sent to you regarding the new changes. By agreeing to this, you waive any requirement for separate notification or approval of the modified terms and conditions. If you disagree with the modified terms and conditions, you may reach out to platform management, or you may discontinue using our platform.
Your explicit agreement to the terms and conditions upon registration on the platform signifies your acceptance of any modification or revision to the terms and conditions.
- Severability
- If any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the remaining terms and conditions shall remain in effect.
- If any part of any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable unless that part is deleted, such part shall be deemed deleted, and the remainder of the provision shall remain in effect.
- Third party rights
- The stipulated terms and conditions are for our benefit and yours, and are not intended to confer any benefit upon or be enforceable by any third party.
- The exercise of rights by both parties under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
These terms and conditions, along with our privacy policy, constitute the entire agreement between you and us regarding your use of our Platform, and supersede all prior agreements between you and us concerning your use of our Platform.
- Law and jurisdiction
These terms and conditions are subject to and interpreted in accordance with Kuwaiti laws, and Kuwaiti courts shall have exclusive jurisdiction to settle any disputes arising out of these terms and conditions.
- Our details
- This platform is owned and operated by (…………………………….)
- We are registered in Kuwait under registration number [……………………], and our registered office is at ………………………………………………………………
- You can contact us by writing to the business address given above, by using our platform contact form, by email to …………………………… or by telephone on [+965 …………………..].