TERMS OF USE
MODECRAZE, INC. TERMS OF USE AND SERVICE
Welcome to www.modecraze.com (the "Website"), operated and owned by Modecraze, Inc. (modecraze.com, modecraze). Throughout this Agreement, references to the Website include this URL, as well as related micro-sites and other websites or pages owned by Modecraze. Please carefully review this Agreement, known as the Terms of Use and Service, before using the Website. This includes utilizing any features or content provided by the Website or purchasing and using any Products (as defined herein) offered or sold through the Website.
This Agreement governs all interactions with Modecraze, whether on the Website, over the phone, or through any other method. It applies to all purchases of our Products, whether made on the Website, through Client Services, through a stylist, or otherwise. It is important to carefully review this Agreement to understand the terms and conditions of your use of the Website, as well as the use of our services and purchases of our Products, including in-store transactions. Please note that your interactions with us may involve correspondence by text, and standard text message rates may apply. You are responsible for any costs or fees incurred in connection with sending or receiving texts to or from us.
This Agreement applies to all individuals, including visitors, users, purchasers, and others who want to access or use the Website for any purpose. It also applies to those who visit our stores, utilize our services, purchase our goods or services, or are prospective consumers of our goods or services. By using this Website or engaging in any transactions with us, you are bound by the terms and conditions set forth in this Agreement. It is important to review this Agreement as it governs your use of the Website and any purchases or other interactions involving the Company's Products.
Your access to and use of this Website, as well as any of our Products, is contingent upon your acceptance and adherence to this Agreement without any modifications. By continuing to access and/or use this Website or any of the Products, you are acknowledging your agreement to be bound by all the terms and conditions stated in this Agreement, the Modecraze Privacy Policy (as defined herein), and all other policies of the Company that are in effect as of the date of your first use of this Website. The Company will not accept any changes (additions or deletions) to this Agreement made by you. If you do not agree to all the terms and conditions of this Agreement, you should refrain from using this Website. This Agreement is a legally binding contract that governs this Website and the purchase and sale of all Products. It is recommended that you download and print this Agreement for your records.
By visiting this Website, you agree to the following:
1. DEFINITIONS. In addition to all other defined terms in this Agreement, the following terms shall have the following meanings:
(i) "Access Right": refers to the right to access and use the Website as granted under Section 2 of this Agreement.
(ii) "Modecraze Account" or "Modecraze Account of a Modecraze Purchaser": refers to the user account created by a Modecraze Purchaser as described in Section 5 of this Agreement.
(iii) "Modecraze Privacy Policy": refers to the privacy policy of Modecraze, which is described in Section 4 of this Agreement.
(iv) "Products": refers to the goods or services offered by Modecraze, as described in Section 5 of this Agreement.
(v) "Modecraze Purchaser": refers to a User who uses this Website to procure any Products as outlined in Section 5 of this Agreement.
(vi) "Company IP Assets": refers to the intellectual property assets owned by the Company, as specified in Section 3 of this Agreement.
(vii) "Content": refers to all text, images, graphics, videos, and other materials available on the Website as described in Section 2 of this Agreement.
(viii) "Server" or "Company Server": refers to the computer software or hardware that hosts and serves the Website to users over the Internet.
(ix) "Purchase" or "order": refers to the act of acquiring or ordering Products as detailed in Section 5 of this Agreement.
(x) "User": refers to any individual or entity, including Modecraze Purchasers, who accesses or uses this Website as defined in this Agreement.
2. ACCESS; CONDITIONS TO USE OF THIS WEBSITE.
2.1 Subject to the terms and conditions of this Agreement, the Company grants the User a non-exclusive, revocable, and limited Access Right to access and use this Website, including the procurement of Products, in strict compliance with this Agreement and any other applicable agreements between the User and the Company. The Company reserves the right to suspend or revoke the User's Access Right at its discretion without prior notice. Furthermore, the Company may change, suspend, or discontinue any aspect or feature of the Website, including content and availability of Products, at any time and without prior notice. The User's Access Right will terminate immediately upon the expiration, cancellation, or termination of this Agreement for any reason.
2.2 The User is responsible for acquiring and maintaining all necessary equipment and services required to connect to and access this Website. This includes, but is not limited to, internet connections, modems, hardware, software, and telephone services, whether local or long distance.
2.3 As a condition of using this Website, including the procurement of any Products, the User agrees not to use the Website or any Products in any unlawful manner or in a manner prohibited by this Agreement. The User shall not engage in any activity that could damage, disable, overburden, or impair this Website or any Servers, or interfere with the use and enjoyment of this Website by others. Furthermore, the User shall not attempt to access materials or information through any unauthorized means not intentionally provided by this Website.
2.4 The User acknowledges that they are solely responsible for uploading and updating any Content associated with their User account, if applicable, through this Website or Application. While the Company may provide assistance, the ultimate responsibility lies with the User.
2.5 Users further agree as follows:
2.5.1 Each user agrees to abide by the following provisions without limitation:
(a) User will not upload, distribute, or publish any Content on this Website that is unlawful, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or objectionable.
(b) User will not upload or transmit any Content that would violate the rights of any party, constitute a criminal offense, create liability, or violate any local, state, federal, or international law.
(c) User will not upload or transmit any Content that may infringe upon any intellectual or proprietary rights of any party, including patents, trademarks, trade secrets, or copyrights.
(d) User will not impersonate any person or entity or misrepresent their affiliation with any person or entity.
(e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for goods, services, or money, including junk mail and junk email.
(f) User will not use this Website for purposes not authorized by the Company.
(g) User will not use this Website or Application for any illegal or fraudulent purpose or engage in any fraudulent schemes or transactions.
2.5.2 In addition to the rights granted to the Company under this Agreement or the Modecraze Privacy Policy, each user hereby grants the Company a perpetual, worldwide, transferable, fully paid-up right to use the user's Content for the following purposes:
(i) to provide the user with the features and functions of this Website, including the ability to procure Products through the Website;
(ii) to assist or coordinate with any claims arising from the use of this Website or the procurement of Products; and
(iii) for any other lawful purpose related to the Company's corporate purpose, business, or operations.
2.6 User agrees to the following provisions:
(a) Users are prohibited from violating the security of this Website or any Company Server, including unauthorized access to data, unauthorized login attempts, probing or testing system vulnerabilities, interfering with service, or sending unsolicited emails;
(b) Violations of system or network security may result in civil or criminal liability;
(c) Company has the right to investigate such violations and cooperate with law enforcement authorities in prosecuting users involved in such violations. Company may also cooperate with law enforcement agencies, comply with warrants, court orders, and subpoenas, and disclose user information related to this Website. By using this Website, each User authorizes Company to take such action.
2.7 If this Website allows User to upload, transmit, or contribute Content, User represents and warrants that they have the lawful right to distribute and reproduce such Content. User is solely responsible for their conduct and the conduct of their users while using the Website, including all Content generated, transmitted, or maintained through the Website. Company does not take responsibility for any online distribution or publication of Content by User or any other party. Company is not obligated to review every message or Content generated or posted by User or others, and Company is not responsible for the Content.
2.8 Furthermore, Company reserves the right to terminate any account, without prior notice, if it determines, in its sole discretion, that the account has violated any provisions of this Section.
3. COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS; RESERVATION OF RIGHTS.
3.1 The Company is committed to respecting the intellectual property rights of others, including copyright and trademarks. The Company reserves the right to take the following actions: (i) terminate the rights of any User who, in the Company's determination, appears to infringe upon the intellectual property rights of others without prior warning, including Access Rights; and (ii) remove any Content from the Website that, in the Company's determination, may infringe the intellectual property rights of any third party, as it pertains to copyright, trademarks, or other intellectual property rights.
3.2 Each User agrees to the following:
3.2.1 The Company, or its licensors, holds all rights, title, and interest, in the United States and other jurisdictions, to all trademarks, service marks, logos, and other trade names (collectively referred to as "Trademarks/Trade Dress") displayed on or within the Website, as well as those displayed or embodied in any of the Products. Users are prohibited from using any Trademarks/Trade Dress in connection with any product or service that is not owned by the Company, in a manner that may cause confusion among customers, or in a manner that disparages or discredits the Company. Any other trademarks appearing on the Website or in any Modecraze Product are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
3.2.2 All content provided on or made accessible through the Website or any other materials associated with the Products, including but not limited to text, graphics, logos, page headers, button icons, scripts, images, audio clips, digital downloads, and data compilations, as well as any copyrights arising from the aforementioned content, are and shall remain the exclusive property of the Company or its licensors. These Works are protected by United States and international copyright laws.
3.2.3 In addition to the provisions of Sections 3.2.1 and 3.2.2 above, User acknowledges and agrees that the Company or its licensors are the exclusive worldwide owners of all Trademarks/Trade Dress, Works, and all other intellectual property assets provided in, made available through, or associated with the Websites or used by the Company in connection with the Products or any other aspect of Modecraze's business ("Company IP Assets"). These Company IP Assets include inventions, patents, logos, images, graphics, photos, videos, icons, content, features, functionalities, data, processes, techniques, software, website designs, copyrights, and works.
3.3 The Company IP Assets are protected by various intellectual property laws, including copyright, patent, and trademark laws in the United States and other countries. This Agreement does not grant any rights to Users in or to any Company IP Assets, except for the limited Access Right as specified in Section 2.1 of this Agreement. It also does not transfer any rights in the Company IP Assets or any other intellectual property rights from the Company to Users. The ownership and rights to the Company IP Assets remain exclusively with the Company.
3.4 User is not allowed to use any Company IP Assets without prior written permission from the Company, and even with permission, proper acknowledgement must be given. User's Access Right is subject to additional conditions, including the following: (i) User cannot modify, disassemble, decompile, reverse engineer, or create derivative works from any Company IP Assets or allow any third party to do so; (ii) User cannot download, modify, copy, display, transfer, distribute, sell, publish, broadcast, or use any copyrighted material, content, or other Company IP Assets unless expressly permitted by the Company in writing; (iii) User cannot remove, alter, cover, or obscure any copyright notices or proprietary rights notices of the Company or any other party on the Company IP Assets; and (iv) User must be an authorized User in good standing to use any Company IP Assets. Unauthorized use of Company IP Assets is a violation of copyright and other intellectual property rights and may be subject to legal action.
3.5 User is obligated to maintain strict confidentiality of all Company IP Assets that have not been publicly disclosed by the Company. User acknowledges and agrees that this confidentiality obligation will continue even after the cancellation, expiration, or termination of this Agreement for any reason.
4. PRIVACY.
4.1 User acknowledges and agrees to the following:
(i) User is solely responsible for maintaining the confidentiality of any User Content, login, or password associated with this Website, including any Modecraze Account of a Modecraze Purchaser.
(ii) If User has a login or password associated with this Website, User is solely responsible for all uses of its login and password, whether authorized or not. User agrees to immediately notify the Company of any unauthorized use of its login and password.
4.2 User acknowledges that their use of the Website, including the procurement of any Products, and their interactions with the Company in-store or otherwise, are subject to the Company's Privacy Notice. The Privacy Notice, located at www.modecraze.com/pages/privacy-policy, is incorporated into this Agreement by reference. By using the Website and providing personal information to the Company, User agrees to comply with the Modecraze Privacy Policy, which may be amended by the Company from time to time. It is important for User to review the Modecraze Privacy Policy to understand the collection, use, disclosure, and processing of their personal information by the Company. If User visits a Company store and provides contact information at check-out, their visit is also subject to the Company's Privacy Policy.
4.3 User acknowledges that all the terms and conditions of the Modecraze Privacy Policy, as well as any other notices and disclosures provided by the Company to residents of the State of California pursuant to the California Consumer Privacy Act of 2018 (CCPA), are incorporated into this Agreement by reference. The Modecraze Privacy Policy and CCPA notices and disclosures govern the relationship between the User and the Company regarding the use and protection of personal information. It is important for the User to review and understand these documents to ensure compliance with privacy laws and regulations.
5. PURCHASE OF PRODUCTS;
MODECRAZE ACCOUNTS.
5.1 YOUR MODECRAZE ACCOUNT.
5.1.1 REGISTRATION OF A MODECRAZE ACCOUNT.
If you wish to access certain areas and features of the Website, such as making purchases or utilizing specific services, you have the option to register for an Modecraze Account. By choosing to register for an Modecraze Account, you agree to follow the initial account registration process outlined on the Website. This process may include providing accurate and complete information, including your legal name and email address. It is important to provide truthful and up-to-date information during the registration process.
5.1.2 CLOSING A MODECRAZE ACCOUNT. You have the option to close your Modecraze Account at any time by either initiating the cancellation process on the Website or by sending an email to customercare@modecraze.com, explicitly stating your request for the termination of your Modecraze Account.
5.1.3 MODECRAZE'S RIGHT TO CLOSE MODECRAZE ACCOUNTS. We reserve the right to deactivate or disable any Modecraze Account under the following circumstances: if you violate any terms or conditions outlined in this Agreement, the Modecraze Privacy Policy, or any other Modecraze policies related to the purchase of Products; if any other event specified in the Modecraze Privacy Policy occurs; or if we exercise any other termination right as stated in Section 12 of this Agreement.
5.2 GENERAL PURCHASING CONDITIONS.
5.2.1 PURCHASES.When placing an order for any Products on the Website, including when making payments through third-party payment solutions provided on the Website, it is essential to provide accurate and complete information. This includes your full and correct name, as well as the required details of your credit card or payment card (such as the cardholder name, card number, expiration date, and security code if requested) at the time of submitting your order form. By using a payment card for any purchases on the Website, including credit card payments made through third-party payment solutions, you represent and warrant to Modecraze that your use of the payment card is authorized and in compliance with all applicable laws.
5.2.2 ACCOUNTS. To finalize the purchase of Products, you have two options:
- If you have an Modecraze Account, you can use it to complete your purchase.
- If you don't have an Modecraze Account, you must provide all the necessary information required by the Website as a guest purchaser to complete your purchase of the Products.
It is important to keep your user name and password confidential for your own security. If you discover or suspect that the security of your user name or password has been compromised, please immediately notify us at customercare@modecraze.com. Please note that you are responsible for any losses or damages resulting from your failure to protect your user name or password.
5.2.3 PRICING AND PRODUCT ERRORS/CORRECTIONS. We strive to provide up-to-date, accurate, and reliable information about our products on this website. However, there may be instances where errors, inaccuracies, or omissions occur in product descriptions, pricing, promotions, offers, or availability. We reserve the right to correct such errors and update product information without prior notice.
If a product is listed at an incorrect price due to an error on this site, we reserve the right, to the fullest extent permitted by law, to refuse or cancel any orders placed for that product at the incorrect price. This applies even if the order has been confirmed and your payment method has been charged. If your payment has already been processed and the incorrect price charged, we will issue a credit to your original method of payment for the amount of the incorrect price.
Please note that these rights are subject to the extent permitted by applicable laws and regulations. We apologize for any inconvenience caused by such errors and appreciate your understanding.
5.2.4 MARKDOWNS. Occasionally, the Company may choose to offer seasonal markdowns or provide other discounts or deductions at its discretion. The prices displayed on the website during such periods already reflect the granted discount or markdown. There is no additional action required on your part to avail these discounted prices. Please note that the availability and duration of these discounts may vary and are subject to change at the Company's discretion.
5.2.5 TAXES. Please note that the prices displayed on the website do not include taxes charges. If you are placing an order for delivery within the United States, sales tax will be calculated and added to your total during the checkout process. The amount of sales tax charged will depend on the state to which the order is being shipped, as per the applicable tax laws. Additionally, please be aware that shipping charges may apply and will also be added to your total at checkout.
5.2.6 NOT FOR RESALE. You are strictly prohibited from using this website to purchase products for the purpose of resale, whether by yourself or any other person. We explicitly disclaim all warranties and claims for damages arising from your intent, attempt, or actual resale of any product purchased from the website. This includes any direct or consequential damages resulting from such actions.
5.2.7 CHECK OUT. During the checkout process, your data is securely transmitted to our third-party payment processing company, currently Shopify, which stores your payment information on our behalf. If you choose to use alternative payment methods such as ApplePay, you will be redirected to the respective third-party site where you will enter your information. We recommend reviewing the terms of use and privacy policies of these providers for a complete understanding of how your information will be handled.
5.2.8 BACK IN STOCK NOTIFICATIONS. If you opt to use the 'notify me' feature for specific items, we will send you updates to inform you when those items become available. These notifications will be sent to the email address you provide during the checkout process. However, please note that our products tend to sell out quickly, and therefore, availability cannot be guaranteed.
5.2.9 PROMOTION CODES. Please note that only one promotion code can be used per order, and they cannot be stacked or combined. Promotion codes cannot be applied to previous purchases and are not valid for the purchase of physical gift cards or e-gift cards. These codes are non-transferable, and there is no cash alternative available. If a specific expiration date is provided, the promotion code must be redeemed by that date.
5.2.10 PERSONAL DISCOUNT CODES. If you have received a personal discount code from Company, please note that the code is non-transferable and can only be used by you. It cannot be applied to previous purchases. Additionally, the discount code cannot be combined with any other promotions or discounts. It cannot be redeemed for cash or combined with any other offers. To redeem the discount, you need to create an Account on modecraze.com using the email address we provided the discount code to. Once you are logged in with that email address, the discount will be automatically applied to your cart during checkout. Please be aware that there may be additional terms and conditions related to the use of discount codes.
5.3 SHIPPING POLICY; RISK OF LOSS.
5.3.1 Additional terms and conditions regarding shipping and delivery of orders can be found in our Shipping Policy. These terms are incorporated into this Agreement and apply to all orders placed for any Products. You are encouraged to review the Shipping Policy to understand the specific terms and conditions related to shipping and delivery.
5.3.2 We provide insurance for each purchase during its transit until the carrier delivers the package to your specified delivery address. Once the carrier confirms the delivery, the responsibility for the purchased goods transfers to you. From that point onward, the goods are your responsibility. For certain orders and merchandise, we require a signature upon delivery. If a signature is not collected, you agree to our terms and conditions, acknowledging that our carriers may leave your package(s) outside the premises at the provided shipping address without obtaining a signature for proof of delivery. By authorizing our carriers to do so, you release and indemnify Company from any liability for loss or damage that may occur as a result of leaving the package(s) at your shipping address without obtaining a signature.
5.3.3 We reserve the right to modify, add, or remove sections of our Shipping Policy at any time, at our sole discretion. It is your responsibility to review our , at any time. It is your responsibility to check our Shipping Policy for any changes before making a purchase of Products. By placing an order after the effective date of any changes to the Shipping & Delivery Terms, you accept and agree to be bound by those changes.
5.4 RETURNS POLICY.
We offer returns for site credit within 7 days from the delivery date, subject to certain exceptions. The terms and conditions for returning Products can be found in our Returns Policy, which is incorporated by reference in this Agreement and applies to all orders for Products. We reserve the right to modify, add, or remove sections of our Returns Policy at our sole discretion. It is your responsibility to review our Returns Policy for any changes before making a purchase of Products. By placing an order after the effective date of any changes to the Returns Policy, you accept and agree to be bound by those changes. Please note that we monitor the number of returns made by customers, and if we determine your return patterns to be excessive, we may, at our discretion, close your Modecraze account or refuse future orders.
6. DISCLAIMER OF WARRANTIES. The Website, any other Modecraze IP Assets, the Products, and all content provided on or through the Website or in association with the Products are provided on an "as is" and "as available" basis, without warranties of any kind. Company explicitly disclaims all representations or warranties, whether express or implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Neither the Company, its affiliates, nor any person associated with the Company or its affiliates makes any representations or warranties regarding the completeness, security, reliability, quality, accuracy, or availability of the Website, any of the Company IP Assets, or their content.
Additionally, neither the Company, its affiliates, nor anyone associated with the Company or its affiliates represents or warrants that the Website, other Modecraze IP Assets, the Products, or their content will be accurate, reliable, error-free, or uninterrupted. There is no guarantee that defects will be corrected, that the Website or the Company servers that make them available are free of viruses or other harmful components, or that the Website, other Modecraze IP Assets, the Products, or their content will meet your needs or expectations.
7. LIMITATION OF LIABILITY. Irrespective of the type of legal action, whether in contract, tort, strict liability, statute, or otherwise, under no circumstances shall the Company, its affiliates, licensors, content providers, or any of the Company's or its affiliates' directors, employees, partners, agents, successors, or assigns (hereinafter collectively referred to as the "Company Group") be liable for any damages arising from or related to your use or inability to use the Website, any other Modecraze IP Assets, the Products, or their content.
This includes all direct, indirect, special, incidental, consequential, exemplary, or punitive damages, regardless of whether they arise from tort (including negligence), breach of contract, or any other legal theory, even if such damages were foreseeable. Your use of the Website, other Modecraze IP Assets, the Products, and their content is solely at your own risk.
Notwithstanding any provision to the contrary, the parties agree that the total aggregate liability of the Company (including the entire Company Group) for any claims arising out of or in connection with this Agreement, regardless of the form or cause of action or the alleged basis of the claim, shall not exceed the total amount of payments or other fees actually received by the Company from a user during the twelve-month period preceding the claim under this Agreement.
8. INDEMNIFICATION. By agreeing to these terms, each user accepts the responsibility of defending, indemnifying, and ensuring the Company, its affiliates, officers, directors, employees, agents, licensors, content providers, successors, and assigns are protected from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from their violation of these Agreement or their usage of the Website, any other Modecraze IP Assets, the Products, or any content provided therein.
9. ACCESSIBILITY STATEMENT. The Company is dedicated to providing excellent service to individuals with disabilities and aims to ensure that everyone, regardless of their abilities, can access and use this Website, including purchasing Products. We have established an accessibility statement for this Website, which outlines our commitment to making it accessible to people with special needs, including those with visual, hearing, cognitive, and motor impairments. We continuously work towards improving the accessibility of our website, adhering to accessibility best practices and the principles of universal design. This enables our site to be adaptable to different user needs and accessible through various technologies, such as mobile devices and assistive technologies. We strive to comply with Web Content Accessibility Guidelines (WCAG) 2.0 and utilize Web Accessibility Developer Tools and general best practices to ensure compliance. We value feedback on your experience with our site and encourage you to reach out to us at customercare@modecraze.com if you have any accessibility comments, concerns, or requests for modifications.
Give Us Your Feedback
We prioritize accessibility and are dedicated to providing a service that is accessible to all. If you encounter any difficulties or have suggestions for improvement, please contact us. We value your feedback and strive for continuous improvement based on your input. Our availability for assistance is from 9AM to 6PM PST, Monday through Friday.
Email: customercare@modecraze.com
We will do our best to respond to feedback within 3 business days.
10. LINKS TO THIRD-PARTY WEBSITES. This Website may include links to external websites operated by third parties. These links are provided solely for your convenience. Please note that the Company does not have control over these third-party websites, and we cannot be held responsible for their content or privacy practices. If you choose to access any of these linked websites, you do so at your own risk. Your use of such websites is subject to their respective terms and conditions and privacy policies.
11. INDEMNIFICATION. By using the Site, you agree to protect, indemnify, and hold Modecraze harmless from any claims, damages, costs, and expenses, including attorneys' fees, arising from your use of the Site or any violation of the Agreement, including any misrepresentation, warranty breach, or other provision.
11. 1. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT. Recognizing the potential costs and efforts associated with legal disputes, both you and Modecraze agree to follow the following dispute resolution procedure: If any disagreement, claim, action, or dispute arises from or relates to a transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part thereof ("Dispute"), the party raising the Dispute will first make a sincere attempt to resolve it by providing written notice to the other party (via first class or registered mail). The notice will include a description of the facts and circumstances of the Dispute, along with any relevant documentation, and allow the receiving party 30 days to respond or settle the Dispute. The notice can be sent to Modecraze at admin@modecraze.com or to your last-used billing address or the billing and/or shipping address in your online profile. Both you and Modecraze acknowledge that this dispute resolution procedure must be completed before initiating any arbitration or filing any claim against the other party.
11.2. ARBITRATION AGREEMENT. If the informal dispute resolution procedure outlined above does not result in a resolution, any remaining Dispute will be resolved through binding individual arbitration. By agreeing to this provision, you waive your right to bring a lawsuit in court to assert or defend your rights under this Agreement or regarding any Dispute. Both you and Modecraze explicitly grant the arbitrator the power to determine the arbitrability of any Dispute, including the extent, applicability, validity, and enforceability of this arbitration provision.
11.3. WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS. All arbitrations will be conducted on an individual basis. The arbitrator will have the authority to provide remedies available in court to resolve the Dispute, but any relief granted must be specific to you and should not impact any other customer. Both you and Modecraze agree that any claims brought in arbitration will be done so in your respective individual capacities. By agreeing to this provision, you and Modecraze waive the right to a trial by jury, the right to assert or participate in a class action lawsuit or class action arbitration (whether as a named plaintiff or class member), and the right to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration. In the event that a court determines that applicable law prohibits the enforcement of any of the limitations mentioned in this paragraph for a specific cause of action, that cause of action (and only that cause of action) must be retained in court and separated from any arbitration proceedings.
12. TERMINATION OF THIS AGREEMENT. We reserve the right to terminate this Agreement, as well as your access to the Website (or any part, aspect, or feature thereof), which includes closing or deleting your Modecraze Account or Modecraze Purchaser Account, and removing any content or information that you have posted on such accounts. We may also prohibit you from using or accessing the Website, including making any further purchases of Products, for any reason at our sole discretion, with or without notice to you. Such termination or suspension may take effect immediately and may result in the deletion of all information or content associated with your account and activities on the Website.Termination of this Agreement, whether it occurs due to a breach by you or for any other reason, will not release you from your obligations under this Agreement. You will still be bound by the terms of this Agreement, including any representations, warranties, disclaimers, and limitations of liability that you have agreed to. Please note that we will not be held liable to you or any third party for any termination of your access to the Website.
13. MISCELLANEOUS PROVISIONS. 13.1 ENTIRE AGREEMENT; WAIVER; SEVERABILITY. This Agreement represents the complete and exclusive understanding between the Company and each User regarding the subject matter discussed herein, and it supersedes any prior agreements or discussions relating to such subject matter. Any failure by the Company to enforce any right or provision of this Agreement shall not be construed as a waiver of that right or provision.If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.
13.2 BINDING EFFECT; NO ASSIGNMENT BY CLIENT; PERMISSIBLE ASSIGNMENT BY THE COMPANY. This Agreement is binding upon and will benefit the respective successors and lawful assigns of each party. However, User may not assign this Agreement, either in whole or in part, without the prior written consent of the Company, which may be granted or denied at the Company's discretion. Any assignment in violation of this provision will be considered void.
The Company reserves the right to assign this Agreement, or any portion thereof, at its sole discretion to any party. All covenants and agreements contained in this Agreement will be binding upon and enforceable by such successors and assigns.
13.3 MODIFICATIONS TO THIS AGREEMENT. The Company retains the right, at its discretion and at any time, to modify any provisions of this Agreement. This includes changes to the terms, conditions, and policies governing the purchase of Products by Modecraze Purchasers as described in Section 5 of this Agreement. Additionally, the Company may modify the Modecraze Privacy Policy and other Company policies, including those related to the procurement of Products. These modifications, collectively referred to as "Changes," will become effective immediately upon being posted on the Website. The Company is not obligated to provide individualized notice to Users regarding such Changes.
By accessing or using this Website, you acknowledge and agree that any such access or use after being notified of any changes to this Agreement, Modecraze Privacy Policy, or any other Company policy constitutes your acceptance of those changes. It is important for you to review and retain a copy of this Agreement for your records.
13.4 COMPANY’S DIGITAL MILLENNIUM COPYRIGHT ACT POLICY. Each user acknowledges and agrees that in addition to the other terms and conditions stated in this Agreement, they are also bound by all the terms and conditions of the Company's Digital Millennium Copyright Act (DMCA) Policy.
14. CONTACT INFORMATION. If you have any questions about the Website or this Agreement, please feel free to contact us through any of the following methods:
- Email: [insert email address]
- Phone: [insert phone number]
- Mailing Address: [insert mailing address]
We will be happy to assist you and address any inquiries you may have.