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These terms and conditions are a legal agreement between you (“You” or “Your”) and Fashion Library (“Fashion Library” ,"FLib",“We", “us,” or “our”), establishing terms and conditions under which You will submit information to, and rent clothing (a “Product” and collectively, “Products or Items”) and receive related services (“Services”) from, Fashion Library via our website at website.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK “I DO NOT ACCEPT” BUTTON AND YOU WILL NOT BE.
PERMITTED TO RENT THE PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
Effective Date: November 13th, 2018
Notice Of Agreement To Arbitrate And Class Action Waiver
By accepting these Terms, you are agreeing to the Arbitration Agreement (unless you follow the opt out procedure described above) and class action waiver described in Section 8 of these Terms to resolve any disputes with Fashion Library.
Definitions and Interpretation
About the Services
Registration and Membership
Use of the Services
Indemnification for breach
Disclaimer of Warranties; Limitation of Liability
Dispute Resolution, Arbitration and Class Action Waiver
DEFINITION AND INTERPRETATION
In these Terms:
Content means any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials
“Products” and in some context “Garments”, mean all types of garments and/or fashion accessories
GST means the goods and services tax as imposed by the GST Law
Liability means liability in or for breach of contract, breach of duty, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any clause of these Terms
Member means a user of the Website who has applied/ registered and has been approved by Fashion Library as a member
Order means an order to rent Products through the Rent Section or Subscription Section with You preferred payment method
Services means all or any of the services provided by Fashion Library via the Website (or via other electronic communication from Fashion Library) including information services, content and transaction capabilities on the Website
Third Parties’ Sites means websites operated by third parties and available through or linked to the Website
You or Your means a user, member, visitor of the Website and includes Fashion Library’s customers and members
In these Terms, unless the context requires otherwise:
words importing the singular include the plural and vice versa;
words importing any gender includes the other genders;
references to persons include corporations and bodies corporate;
references to a person include the legal personal representatives, successors and permitted assigns of that person;
a reference to legislation includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
references to this or any other document include the documents as varied or replaced;
references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes telex, facsimile transmissions and electronic mail;
an obligation imposed on two or more persons shall bind them jointly and severally;
ABOUT THE SERVICES
Through the Services, we aim to continually expand our collaborations to give you access to boutique-like and designer clothing on one single monthly fee.
Children under the age of 14 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Individuals who are under 18 years of age and at least 14 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such individual may not rent any clothing (“Products”) via the Services.
If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 14 and 18, you are fully responsible for his or her use of the Services and the rental of any Products, including all legal liability he or she may incur.
2.3 Modification Of The Services Or The Terms
Fashion Library may modify these Terms, suspend, or discontinue the Services at any time for any reason. Fashion Library reserves the right to modify these Terms from time to time. Modification will be effective immediately upon their being posted on this website. However, Fashion Library will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provide to Fashion Library upon registration.
REGISTRATION AND MEMBERSHIP
3.1 Use of Website
You do not need to register to use much of the functionality of the Website or access much of the Services. However, You must register in order to rent Products on the Website.
The registration process will require You to provide Your name, contact details, email address and delivery address. If at the time of registration, You want to place an Order, You will be required to supply credit card details and address where the card is registered. You will also be required to confirm Your acceptance of these Terms. Membership is free, but non-transferable.
3.3 Password and Fashion Library account
Once You have completed the registration process, Your login details will be the email address and password you have selected. You agree to keep Your password secure. You are fully responsible for all loss and damage resulting from Your failure to protect Your password. You agree to immediately notify Fashion Library of any unauthorised use of Your password or any breach of security. You also agree that Fashion Library is not liable for any loss or damage arising from Your failure to keep Your password secure. You agree not to provide Your username and/or password information to any other person other than Fashion Library without Fashion Library’s express written permission.
In registering and providing Your details, You represent and warrant to Fashion Library that:
You are at least 18 years old and have the power and authority to enter into a binding contract with Fashion Library;
The information provided by You is true, accurate, current, and complete; and
You will maintain and promptly update this information to keep it true, accurate, current and complete.
3.4 Termination of Membership
Fashion Library reserves the right to terminate Your membership at any time and for any reason including if Fashion Library believes that You have breached any of these Terms, or that any of the information that You have submitted to us is untrue.
4.1 RENTING FROM FASHION LIBRARY
Fashion Library is an online catalogue of Garments a in which Members can rent Garments from Fashion Library by making cash payments.
Fashion Library provides an online catalogue with varieties of Products on its Website which shows the availability of Garments. You can rent from Fashion Library by selecting a Product and making an Order to rent the Product for Your nominated dates by clicking “Add to Cart”.
By clicking “Add to Cart”, You agree to pay all fees and charges associated with the rental of the Product. When You place an Order and the Order is accepted, You will receive an acknowledgement e-mail confirming receipt of Your Order.
The fees and charges to rent the Garment will include but are not limited to the rental fee, delivery charges and GST (Rental Charges).
If You have a Gift Card/ Voucher, You may elect to use the this to pay part or all of the Rental Charges. Any additional payment of a monetary amount required to rent a Garment must be paid using an approved credit card or Paypal account at the time of booking. Fashion Library reserves the right to charge a fee for use of certain credit cards.
If the Garment becomes unavailable (due to damage or late return by another Member), Fashion Library will notify You as soon as reasonably possible. In that event, You can either rent another Products/Garments or have the debited funds remitted to Your credit card or to Your account (whichever is applicable).
4.2 General Conditions
This Section 4.2 sets out terms and conditions that apply to your rental of any Product on our site.
18 YEARS OR OLDER
Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By using our service and thus agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described in these Terms.
You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Products for any reason, including but not limited to availability concerns.
All deliveries will be through Fashion Library’s shipping partners, which may change from time to time at Fashion Library’s discretion. The shipping method used will be at the discretion of Fashion Library. Fashion Library will arrange for the delivery of the Products to the delivery address nominated by You (Delivery Address). All delivery dates and times provided by Fashion Library are estimates only (usually 2-3 working days). You agree that no delay will not entitle You to terminate the Order and/or to claim for any consequential loss or damage. Fashion Library may refuse delivery of the Products if it reasonably considers the Delivery Address to be too remote or inaccessible.
If you do not pay the amounts you owe to Fashion Library when due, then Fashion Library will institute collection procedures. You agree to pay Fashion Library’s costs of collection, including without limitation reasonable attorneys’ fees.
(a) RETURN PACKAGING
With delivery of the Product, Fashion Library will provide you with a flyer and pre-addressed Fashion Library Return Label as well as instructions for your use in returning the Products to Fashion Library (“Return Packaging”). On the Return Label, You would have to tick to agree with the Terms and Conditions. We will also provide You an extra packaging for Your convenience.
*Note: Before returning the Products and agree to the T&C, You are required to check whether there is any damages to the products.
(b) RECEIPT OF THE PRODUCTS
Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. In the event that an un-secure shipping address is provided, Fashion Library does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Fashion Library will not be liable. You will be liable for all such delays and additional delivery fees.
(c) USE OF THE PRODUCTS
You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damages. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
(d) LIMITED WARRANTIES
The following are the limited warranties Fashion Library provides in connection with the Products. Fashion Library’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties as determined by Fashion Library. See Section 10.1 below.
Return of unworn products due to size. if your product does not fit You or if there is any damage when it arrives, then You may return the Product to us within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting us via email or phone and returning the product in conformance with the return procedures under the criteria set under section “Return” above. We will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.
*Note: You are required to thoroughly check the Products when it arrives, whether it is the correct size, color, exact Products that You ordered, or if there is any damages. Any conditions stated above, please contact us within 24 hours after receiving the Products. You may refer to section 4.9 Lost, Stolen or Damage.
4.5 CORRECT PRODUCTS
We will deliver the Products you ordered, including the specified size, color and design, except in the rare event that the Product is damaged beyond repair or is otherwise unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. You acknowledge and agree that we may send you a replacement product of a similar style. Products may appear different in color and style than as displayed on the Site.
4.6 CLEAN AND READY TO WEAR
The Products will be professionally cleaned and delivered ready to wear. Fashion Library partners with professional cleaners who cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and Fashion Library shall not be held liable for any health-related complaints associated with any Product.
4.7 LOST RETURN LABEL
If you lose the Return Label, you will be responsible for returning the item at your own expense, and providing Fashion Library with a tracking number.
4.8 LATE RETURN
FLIB rental period is 7 working days (the first day the recipient receive the Products/Gaments). As the rental period where Fashion Library provides, the agreement is usually a week of period. Our Team will dial the phone number You provided and give you a notice. If you choose to keep the Products for more than your nominated rental period, You will be charge on pro rota daily basis. Your rental agreement with Fashion Library will extend to another week and You will be charged for that extended week. You must ensure that the Products are returned to FLIB:
by the date advised by Fashion Library
in the same condition delivered to You (excluding fair wear and tear); and
(using the pre-paid return postage envelope or other means provided to You by FLIB.
4.9 LOST, STOLEN or DAMAGED
When Products are returned damaged, Fashion Library may at its sole discretion repair and/or clean the products and Fashion Library will not charge You if it is fairly repairable. If Fashion Library considers the Products to be beyond economical repair and/or cleaning, Fashion Library will charge You full replacement value of the Products or You will have to purchase the Products. The replacement value of the Products will be stated when borrowing, and by accepting the terms and conditions when You place your order, You agree to the replacement value if the Products is damaged.
If the products are lost and stolen whilst within Your possession or control, You will be charged the full replacement value of the Products, as well as all applicable charges. You authorize Fashion Library to charge any additional charges to Your credit card if the products are returned late, damaged, lost, stolen and/or unreturned.
If the Products do not accord with Your Order or if it is alleged that they are defective or damaged, You must notify Fashion Library of any claim within 2 hours after receipt of the Products. Where Products are defective or damaged, Fashion Library may, at its sole discretion, request for the return of those Products and provide You with a Credit to the value of the Rental Charges, and/or charge back to your credit card the amount charged for borrowing, provided always that the Products have not been worn, used or soiled or otherwise further damaged.
You will be entitled to rent up to four (4) Products at any time from a range of Products designated on the Site. Subscription allows 4 times rental a month, each rentals up to (4) products ONLY. No balance can be carry forward the following week or the following month. (4) times Free Shipment for return is provided.
You will be entitled to rent up to one (1) Products at any time from a range of Products designated on the Site. Subscription allows 1 times rental a week, the rental is up to (1) products ONLY. No balance can be carry forward the following week or the following month. (1) time Free Shipment for return is provided.
You will be entitled to rent up to five (5) Products at any time from a range of Products designated on the Site. Subscription allows 1 times rental a week, the rental is up to (5) products ONLY. No balance can be carry forward the following week or the following month. (1) time Free Shipment for return is provided.
Subject to your compliance with these Terms (including payment of fees) and our right to terminate the subscription, we do not impose any limitations on the time period during which you may keep any Product we have sent to you. Because subscription is a beta, membership is limited and may not always be available.
Upon subscription, Fashion Library will charge you a pre-paid subscription fee or a monthly subscription fee that will automatically renew and you will be billed every month at the then current fee to your payment method on file. After a pre-pay period ends, your subscription membership will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. The current monthly subscription fee is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorise Fashion Library or our third party payment processor to charge your payment card for the applicable subscription fee on a monthly or recurring pre-pay basis until you cancel. The subscription fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Subscription fees are non-refundable except as expressly set forth below. Taxes may apply on the subscription fees.
5.5 CANCELLATION OF YOUR MEMBERSHIP
There are no refunds to a pre-paid membership. Your monthly subscription automatically renews and you will be billed every 30 days. To cancel your monthly membership, email us at FLIB.MY@GMAIL.COM or click on the cancellation request on your active account panel with www.Flib.my . You must return your Products before the end of your current billing period to avoid additional fees. If Fashion Library does not receive your Products by the end of your billing period in which you want to cancel your membership, Fashion Library will charge you the full retail price of each Product or the next pre-pay for another month of subscription, subject to our discretion.
All deliveries will be through Fashion Library’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Fashion Library. We will provide you with information about estimated delivery and arrival times of Products through the Site. The Products we send to you will be professionally cleaned and delivered ready to wear. Our cleaning partner professionally cleans, sterilizes and inspects each Product we send to you, but use of the Products is at your own risk and Fashion Library or our cleaning partner shall not be held liable for any health-related complaints associated with any Product.
With each shipment of Products we send you, we will include one Return Packaging (as defined in section 4.3(a)), which you can use to return all of the Products you currently have. We will use reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of a Product and receipt of a new Product. You agree to return the Products using the Return Packaging.
5.8 ADDITIONAL OBLIGATIONS
Without limiting the application of the rest of these Terms, all of your obligations set out under Sections 4.2 (“General Conditions”) including but not limited to the obligations relating to receipt and care of Products, apply to your participation.
5.9 RENEWAL of SUBSCRIPTION DUE to FAILURE TO RETURN PRODUCTS
Unless you cancel your subscription, it will automatically renew on a monthly or recurring pre-pay basis. You expressly authorize us to collect the applicable subscription fee and any taxes, using any payment card on record for you, in connection with any such auto-renewal. You may cancel your subscription or find out more information about your subscription, including your monthly or recurring pre-pay renewal date, by contacting admin@Fashion Library.com.my. As soon as you cancel, you will not be eligible to receive any additional Products. You may continue to keep Products you have already received, but you must return to Fashion Library all such Products on or before the last day of the applicable subscription period during which you cancel. If we don’t receive your items on time, you will be charged up to the full retail price or the next recurring payables. You will not be entitled to any refund of subscription fees.
5.10 CHANGES TO AND TERMINATION OF SUBSCRIPTION
As subscription is a beta program, we reserve the right to modify (including the subscription fee) or terminate your subscription at our sole discretion. If we terminate your subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access for the remainder of that applicable period of your subscription, you will continue to have access during that period, except that we will not send you any Products within ten (10) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access, immediately upon our termination of your subscription), you must also return to Fashion Library all Products you have received.
5.11 FAILURE TO PAY FEES
We reserve the right to pursue any amounts you fail to pay in accordance with these Terms.
Use Of The Services
6.1 Fashion Library Content
(a)CONTENT PROVIDED “AS IS.”
All content and information available through the Services, including but not limited to product descriptions and specifications, product photos and comments from other users (“Fashion Library Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The Fashion Library Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any Fashion Library Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the Fashion Library Content.
We may update the Fashion Library Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to enquiry@Fashion Library.com.my. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
6.2 Third Party Content
LINKS TO THIRD-PARTY WEBSITES
The Services may contain links or references to non-Fashion Library websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Fashion Library is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Fashion Library, and Fashion Library has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Fashion Library endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
6.3 Acceptable Use Policy
USE OF Fashion Library CONTENT
No part of the Services, including the Fashion Library Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Fashion Library authorizes you to view, copy, download, and print Fashion Library Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the Fashion Library Content solely for your personal, non commercial, informational purposes; (b) you do not modify the Fashion Library Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Fashion Library Content.
6.4 USE OF THE SERVICES
You may not use the Services to:
transmit any content, information or other materials that are, or which Fashion Library considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity;
sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;
introduce viruses, worms, Trojan horses and/or harmful code;
display material that exploits children under 18 years of age;
post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party;
promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Fashion Library representative;
post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 14 years of age);
post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or
violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH
By using the Services, you agree to indemnify, hold harmless and defend Fashion Library and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Term. Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend Fashion Library and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
7.1 Your Content
If you post, upload or make available to Fashion Library or the Services, or otherwise submit to or through Fashion Library as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Fashion Library a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 6.2 (“Third Party Content”") and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise Fashion Library to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
7.2 Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Fashion Library promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the Fashion Library Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
7.4 Job Postings
Fashion Library may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
As part of Fashion Library’s service to You, if You have any problem concerning Your Order (whether as to quality, fitness for purpose, delivery, quality, quantity or otherwise of the supplied Garments), You should direct Your complains and enquiries to Fashion Library. To the extent permitted by law, You hereby release, discharge, and shall defend, indemnify and hold harmless Fashion Library, its officers, employees, servants and agents from and against any and all damage, loss, cost, expense or liability incurred by, and/or any claims or demands (including the cost of defending or settling any action, claim or demand) (Claims) against Fashion Library its servants or agents arising or resulting from:
(a) any Liability You may suffer;
(b) any dissatisfaction with or dispute concerning any Product; or
(c) the failure or alleged failure of any Products redeemed to satisfy any law, regulation, condition, warranty or other representation (whether such condition, warranty or representation is express or implied).
Despite Fashion Library’s reasonable efforts, the prices and information may be listed incorrectly. Fashion Library reserves right at any time to cancel transactions, notwithstanding that Your Order has been confirmed and Your credit card has been charged. In such circumstances, any debited funds will be remitted to Your credit card or to Your account (whichever is applicable).
8.1 Ownership Of The Services
The Services, including the Fashion Library Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Fashion Library and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Malaysia copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Fashion Library” and the logo are registered trademarks of Flib Collection Sdn Bhd, under the applicable laws of the Malaysia and/or other countries. Other Fashion Library product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of Fashion Library and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. Fashion Library and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any Fashion Library Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Fashion Library or such third party that may own such Fashion Library Content.
8.2 Services License
Subject to your compliance with these Terms, Fashion Library grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Fashion Library may use your Feedback without restriction or obligation to you or any third party.
8.4 Notice And Take Down Procedures; Copyright Agent
If you believe any Fashion Library Content infringes your copyright, you may request removal of those materials and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Regarding any copyright issues relating to the Services, you may contact us at enquiry@Fashion Library.com.my.
In an effort to protect the rights of copyright owners, Fashion Library maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
9.1 Termination of access
Access to this Website may be terminated at any time by Us without notice. Our disclaimer will nevertheless survive any such termination.
9.2 Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at email@example.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
9.3 Termination By Fashion Library
Any violation of these Terms, including any of the prohibitions in Section 6.2 (“Third Party Content”), may result in suspension or termination of your access to the Services and/or removal of Your Content. Fashion Library may also terminate your account if Fashion Library determines that your conduct poses a risk or liability to Fashion Library, or for any other reason as determined by Fashion Library in its sole discretion.
9.4 Effects Of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 4.2(d) (Collections), 4.7 (Lost Return Label), (5.11) (Failure to Pay Fees), 6
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
10.1 Limited Warranties
The limited warranties set out in Section 4.3(d) for return apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by Fashion Library in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and Fashion Library’s sole and exclusive liability for a breach by Fashion Library of the limited warranties set out in Section 2(B) shall be, at Fashion Library option, Fashion Library use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner.
10.2 Disclaimer Of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, Fashion Library DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE Fashion Library CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
10.3 Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL Fashion Library BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF Fashion Library HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 11 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
11.1 Informal Process First
You agree that in the event of any dispute between you and Fashion Library, you will first contact Fashion Library and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
11.2 Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Fashion Library’s Services and/or Products, or relating in any way to Fashion Library’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Fashion Library. However, this arbitration agreement does not (a) govern any Claim by Fashion Library for infringement of its intellectual property or access to the Services that (including the Site) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS SITE OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the Malaysia Arbitration Act governs the interpretation and enforcement of this provision, and that you and Fashion Library are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Flib Collection Sdn Bhd. The arbitration shall be administered by the Kuala Lumpur Regional Centre for Arbitration (KLRCA) under its rules. The KLRCA’s rules are available at www.klrca.org.my
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Malaysia law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the KLRCA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than RM5,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 11.3 below.
If you do not want to arbitrate disputes with Fashion Library and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access the Site or the date you receive any Services.
11.3 Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Fashion Library each waive any right to a jury trial.
12.1 JURISDICTIONAL ISSUES
Fashion Library makes no representation that the Services are appropriate or available for use outside Malaysia. Those who choose to access the Services or any part thereof from outside Malaysia do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Fashion Library intends to announce or make available such products or services to the general public, or in your country. Contact Fashion Library at email@example.com to determine which products and services may be available to you.
12.2 EXPORT LAWS
The laws of Malaysia prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the Fashion Library Content, or any part thereof, in any way, in violation of Malaysia law.
12.3 GOVERNING LAW AND VENUE
These Terms are governed and interpreted pursuant to the laws of Malaysia, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a court located in Malaysia, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non convenience.
12.4 ENTIRE AGREEMENT
These Terms are the entire agreement between you and Fashion Library relating to the subject matter herein and shall not be modified except by Fashion Library in accordance with these Terms, or as otherwise agreed in writing by you and Fashion Library. No employee, agent or other representative of Fashion Library has any authority to bind Fashion Library with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
12.5 SEVERABILITY AND WAIVER
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Fashion Library may assign these Terms at any time without notice to you.
12.7 FORCE MAJEURE
Fashion Library will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Fashion Library’s reasonable control.
All amounts quoted in the Website are in Malaysian Ringgit (MYR).
Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any party.
Please send any questions or comments, or report violations of these Terms, to Fashion Library at firstname.lastname@example.org