Terms & Conditions
Welcome to A-Fashion-Day.com webspace. Read about User Terms & Conditions underneath:
TERMS AND CONDITIONS
By accessing this website you agree to the following user terms and conditions. (The ”Agreement”) governing your use of A Fashion Day website and services including offline components (together, the “a-fashion-day.com website services” or “the service”) A Fashion Day website is NOT available to users who DO NOT ACCEPT these user terms and conditions.
If you do NOT accept these user terms and conditions, you must terminate your use of the service immediately.
By opening an account with A Fashion Day website “a-fashion-day.com” you agree to be bound by the user terms set out below (the "Standard Account Terms"). These Standard Account Terms may be updated by the A Fashion Day “a-fashion-day.com” from time to time. Please review these Standard Account Terms each time you visit A Fashion Day website. Your download and/or use of a A Fashion Day website indicate your agreement to these Standard Account Terms.
1.1 A Fashion Day LTD. (Registered number 13303218) operates an online advertising service which allows companies to investigate purchasing prerequisites ("User") to access the ads ("Advertisement") published by wholesale and supplier companies and manufacturers ("Advertisers" or "Advertiser") and to seek products and services mentioned in these ads.
1.2 A Fashion Day website is only responsible for carrying Ads as described in these Terms. The Advertiser is responsible for the content of its Ads including ensuring Ads are legal and do not infringe the rights of anyone else.
1.3 Users shall not (I) copy, replicate, reproduce, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party A Fashion Day website or any Ads or other content posted on the website in whole or in part in any way; (II) make derivative works based upon A Fashion Day service; (III) create Internet links to A Fashion Day website or frame or mirror any part of the service on any other server or wireless or Internet-based device; or (IV) reverse engineer or access A Fashion Day´s service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of A Fashion Day website, or (c) copy any ideas, features, functions or graphics of A Fashion Day website.
1.4 You may use A Fashion Day website only for your serious investigation of or to seek products and services and shall not: (I) compile or distribute material in violation of applicable laws; (II) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material; (III) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (IV) interfere with or disrupt the integrity or performance of A Fashion Day website or the data contained therein; or (v) attempt to gain unauthorized access to A Fashion Day website or its related systems or networks.
2.1 Subject to the terms of this Agreement, the Swedish Fashion Brands grants you a non-transferrable, non-sublicensable, royalty free non-exclusive licence to display on your website the headlines, links and copy that you specifically select to receive from the A Fashion Day via the Swedish Fashion Brands website.
2.2 All title, ownership rights and intellectual property rights in and to the A Fashion Day website shall remain the property of the A Fashion Dayp.
2.3 Nothing in these Standard Account Terms grants you any right to use the A Fashion Day trademark on your Site or elsewhere
3. Use of A Fashion Day Website Content
3.1 You may not directly or indirectly charge users specifically for accessing the A Fashion Day website content or otherwise commercialize such content, nor attempt to resell such content in any way.
3.2 You may not directly or indirectly change, edit, add to or produce summaries of the A Fashion Day website content or any content on the A Fashion Day website.
3.3 You may not directly or indirectly suggest any endorsement or approval by the A Fashion Day of your site or any non-A Fashion Day website entity, product or content or any views expressed within your site or service.
3.4 You acknowledge that A Fashion Day website has absolute editorial control over all A Fashion Day website content and you accept that A Fashion Day website is editorially independent and that the editorial integrity of the A Fashion Day website content is the sole responsibility of A Fashion Day website.
3.5 Should you receive any inquiries which relate to the A Fashion Day or the A Fashion Day website content you should promptly refer such inquiries to www.a-fashion-day.com.
4. Use of the Website by Users
4.1 A Fashion Day website shall allow Customers to use the Website and to search for Ads by entering specific Search Criteria Information.
A Fashion Day website shall use reasonable efforts to match the Search Criteria Information to relevant Ads placed by advertisers.
4.2 A Fashion Day website will generate a list of relevant Ads for Customers. The list will be displayed in order of relevance by Search Criteria Information and Customers shall be able to view detailed Ads from this list.
4.3 Registered Customers shall be able to contact the Advertiser or other individuals or addresses identified in any Ad viewed and shall be able to attach documents such as product list and annex. Such contacts shall be facilitated through online contact, email or other methods as may from time to time be made available by A Fashion Day website. A Fashion Day is not responsible for and is not obliged to monitor or exercise any control over, the content of such contacts to Advertisers.
4.4 A Fashion Day reserves the right, in its sole discretion, to refuse access to the Website and/or the search services and/or the contact methods to any person or class of persons for reasons including but limited to inappropriate or excessive use or abuse of the services or causing a nuisance to Advertisers, such reasons to be assessed by A Fashion Day website at its sole discretion.
5. Availability of Website
5.1 A Fashion Day does not warrant or guarantee to keep the Website or associated services or any Ad available 100% of the time. A Fashion Day shall use reasonable efforts to maintain the availability of the Website generally.
5.2 A Fashion Day represents that it will provide A Fashion Day website in a manner consistent with general industry standards reasonably applicable to the provision thereof and that A Fashion Day website will perform substantially in accordance with the online A Fashion Day Website help documentation under normal use and circumstances.
5.3 The User acknowledges that the Website or associated services may be unavailable at times for reasons including but not limited to technical maintenance and that A Fashion Day website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. A Fashion Day is not responsible for any delays, delivery failures, or other damage resulting from such problems.
6. A Fashion Day`s Responsibilities
6.1 A Fashion Day will:
6.1.1 provide the services covered by these User Terms using reasonable care and skill;
6.1.2 allow Users to register, search for and email Ads, and contact advertisers in accordance with clause 5; and maintain the availability of the Website in accordance with clause 5.
6.1.4 ensure the effectiveness of the Service for Advertisers and Users by, at its sole discretion, suspending or removing access to the Service from any User suspected of acting in a manner contrary to the interests of A Fashion Day, including but not limited to nuisance applications.
7. Your Rights and Responsibilities
7.1 Users may use the Service only for personal use and in accordance with these terms.
7.2 You may browse the Website using a compatible web browser. A Fashion Day website may from time to time provide guidance on the compatibility of various web browsers, however it is and remains your responsibility to use and configure your web browser in order to browse the Site effectively. You are responsible for providing and maintaining your own broadband internet connection(s) and computer network and equipment as required in order to access the Website.
7.3 Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you; and print a copy of any page of the Site or email a section of the Site to another person to the extent permitted on the Site, for your own personal purposes, provided you do not do any of the things set out below under 1.3 or 1.4.
7.4 You are responsible for all activity occurring under your account and shall abide by all applicable laws in connection with your use of A Fashion Day website. You shall: (I) notify A Fashion Day immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (II) report to A Fashion Day immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or your Users to be in breach of any applicable laws or regulations; and (III) not provide false identity information to gain access to or use A Fashion Day website.
7.5 Except to the extent expressly set out in these terms, you are not allowed to make any copies of any part of the Site; you may not remove or change anything on the Site except your registered details or include or create links to or from the Site; you are not allowed to copy or use any material from the Site for any commercial purpose; you are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site.
7.6 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Service to:
(a) send, post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful;
(b) send or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
(c) harass, stalk, threaten or otherwise violate the rights of others or harm or threaten to cause harm to minors; (d) impersonate anyone else or otherwise misrepresent your identity or status;
(e) hack into the Site or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of A Fashion Day or any third party;
(f) apply for positions for which you do not have the appropriate legal documentation including citizenship and/or work permits
7.7 A Fashion Day accepts no obligation to monitor the use of the Site. However, A Fashion Day reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. A Fashion Day will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
7.8 You agree that in the event that A Fashion Day undergoes reorganisation or is sold to a third party any personal information A Fashion Day holds about you may be transferred to that reorganised entity or third party.
7.9 For registration and use of the Site your username will be the email address you supply. During registration you will create a confidential password to be used when using the Services. You must keep your password confidential at all times, and must not disclose it to anyone else or permit anyone else to use it. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
(a) In the event of any failure or error in the operation of a password you shall cease using the password and exit the Site immediately, and notify A Fashion Day of such failure or error. A Fashion Day reserves the right to change, or to require you to change, your password at any time in its sole discretion.
(b) You warrant that you are entitled to receive emails at the email address you provide. You should note that many companies prohibit their employees using the company email for private use and we encourage you to open a private account and use an external computer network to visit the Site.
(c) You agree to notify A Fashion Day promptly by using the update facility on the Site of any changes to your registration details.
8. Content of Ads and Advertiser Contacts
8.1 Each Advertiser has sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all content of Ads and other data provided by the Advertiser.
8.2 Each Advertiser has represented to A Fashion Day that its Ads: (a) shall not contain anything which is misleading, defamatory, obscene, indecent or otherwise unlawful under any applicable laws, statute, ordinance or regulation including the law in the UK and in any country into which the Ad is targeted and including all laws relating to employment or discrimination; (b) shall comply with all applicable advertising and other regulations, rules and codes of practice whether statutory or self-regulatory and including the British Codes of Advertising and Sales Promotion and the ITC Code of Advertising Standards and Practice (or any replacement code for either of them). (c) shall not contain anything, including the Advertiser's logo or branding, and other logos or branding, which infringe the Intellectual Property Rights or similar rights of any person; (d) shall not contain anything which is likely to harm the reputation of A Fashion Day; (e) shall comply with the written policies and guidelines of A Fashion Day notified to the Advertiser from time to time; (f) shall not contain any virus; and (g) shall only advertise real positions in real companies.
9. Intellectual Property Rights
9.1 All Intellectual Property Rights in the Website including text, graphics and software shall belong to A Fashion Day. A Fashion Day shall own all rights and interests, including all Intellectual Property Rights, in and to the A Fashion Day including but not limited to systems, processes, technology, navigation, logos and trademarks , graphics text and other content except as provided in Clause 7.2. A Fashion Day shall own any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party to A Fashion Day relating to A Fashion Day website. These User Terms are not a sale and do not convey to you any rights of ownership in or related to A Fashion Day website. A Fashion Day's name and logo and the product names associated with A Fashion Day website are trademarks of A Fashion Day or third parties, and no right or license is granted to use them.
9.2 All Intellectual Property Rights in the content of Advertiser's Ads, other than the Standard Ad Template, shall belong to the Advertiser.
10. Warranties & Liability
10.1 You warrant to the A Fashion Day website that:
(a) you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
(b) the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings the A Fashion Day Website into disrepute, or which is in breach of any third party intellectual property rights.
10.2 A Fashion Day website is made available by the A Fashion Day website on an "as is" and "as available" basis and A Fashion Day website gives no warranty of any kind in relation to the A Fashion Day website, the A Fashion Day website content, or any content on the A Fashion Day website. The A Fashion Day website disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the A Fashion Day website content, the A Fashion Day website and the A Fashion Day website and any content thereon.
10.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW THE A FASHION DAY WEBSITE EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE A FASHION DAY WEBSITE, THE A FASHION DAY WEBSITE CONTENT OR ANY CONTENT ON THE A FASHION DAY WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF A FASHION DAY WEBSITE CONTENT.
10.4 Each provision of this Clause 3 operates separately in itself and survives independently of the others.
10.5 A Fashion Day and its affiliates, officers, directors, employees and agents make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of A Fashion Day website or any content. A Fashion Day and its affiliates, officers, directors, employees, and agents do not represent or warrant that (a) the use of A Fashion Day website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) A Fashion Day will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) A Fashion Day or the servers that make A Fashion Day website available are free of viruses or other harmful components. A Fashion Day is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchant ability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law and subject to Clause 10.6
10.6 Subject to Clause 10.5, A Fashion Day has no control over and makes no representations or warranties in respect of any users of the Website including any Advertisers, whether relating to skills, experience, identity or other factors, or to the performance or suitability of the Ad Search Criteria Information and algorithms used in the Website.
10.7 Subject to Clause 10.6, A Fashion Day will not be liable (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any loss of earnings or income, loss of business opportunity or other damage to business, loss of management or other staff time, loss of data or software, any special, exemplary, punitive, incidental or consequential damages of any kind, or any loss or damage caused by something outside A Fashion Day's reasonable control.
10.8 Subject to clauses 10.5, 10.6, 10.7 and 10.8, A Fashion Day´s liability to you whether in contract, tort or otherwise is limited to the amount paid by you in respect of your membership in the previous 12 months.
10.9 The liability of either party for death or personal injury arising from its negligence or that of its servants or agents, for breach of any term (express or implied) as to title or quiet use or enjoyment, for fraudulent misrepresentation, under any express indemnity set out in these User Terms or for breach of confidentiality is not excluded or limited, even if any other term of these User Terms would otherwise suggest that this might be the case.
11.1 You hereby agree to indemnify, hold harmless and defend the A Fashion Day website in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard Account Terms or otherwise in connection with your use of the A Fashion Day website.
12.1 You may terminate this Agreement and the account granted herein at any time by destroying or removing all copies of the A Fashion Day Website (including the A Fashion Day website l Content) from your Site, all hard drives, networks and other storage media.
12.2 The A Fashion Day website may restrict, suspend or terminate the A Fashion Day website, this Agreement, the licence granted herein or your access to the A Fashion Day website at any time without liability. You agree to destroy all copies of the A Fashion Day website (including the A Fashion Day website content) upon receiving notice of termination from the A Fashion Day website.
12.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.
13. Suspension of access to the A Fashion Day Website
Such suspension shall NOT imply the liability of A Fashion Day, without prejudice to its other rights to take legal action, and shall be notified by email. In such event, A Fashion Day shall make NO reimbursement, either full or partial, if the user has subscribed to a Bonus Pack and/or taken out a paying subscription.
14.1 Neither party may assign, charge, sub license or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.
14.2 This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.
14.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.
14.4 This Agreement shall be governed by, construed and take effect in accordance with English law and the English courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.
14.5 A Fashion Day may assign these User Terms to any successor of A Fashion Day whether such successor arises due to reconstruction, amalgamation or transfer of any engagement or business or to any of its associated companies. For the purpose of these User Terms, any two persons are to be treated as "associated" if one is a corporate body of which the other directly or indirectly has control or if both are corporate bodies directly or indirectly controlled by the same person or group of persons. For these purposes a person or group of persons who are able directly or indirectly to control or materially to influence the policy of a corporate body, but without having a controlling interest in that body corporate, may be treated as having control of it. The user terms "associate" and "associated company" are to be interpreted accordingly.
14.6 All notices, agreements and consents under these User Terms shall be in writing and shall be sent to the address of the recipient set out in these User Terms or on the relevant Order Form. A Fashion Day may give notice by means electronic mail to your e-mail address on record in A Fashion Day account information, or by written communication sent by mail to your address on record in A Fashion Day account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting or 12 hours after sending by email. You may give notice to A Fashion Day at any time mail sent to: A Fashion Day LTD, 167-169 Great Portland Street, Marylebone, London, W1W 5PF; or by email to: email@example.com. Such notice shall be deemed to have been given upon receipt by A Fashion Day.
14.7 If any provision of these User Terms is held for any reason to be ineffective or unenforceable, this shall not affect the validity or enforce ability of any other provision of these User Terms or these User Terms as a whole.
14.8 These User Terms shall be governed by and interpreted in accordance with the laws of England and subject to the jurisdiction of the High Court of Justice in England.
14.9 These User Terms comprise the entire agreement between you and A Fashion Day in relation to use of A Fashion Day website and supersede all prior negotiations, discussions or agreements, whether written or oral, between the parties regarding A Fashion Day website.
15. Changes to these Terms and Conditions
These User Terms is effective from 1st January 2021. From time to time we may make changes to these User Terms and Conditions to reflect any changes to our user terms in accordance with changes to legislation, best practice or website enhancements.