CONDITIONS OF USE
Welcome to ‘www.funkyasian.com’. The FunkyAsian website Conditions of Use set out below (Agreement) govern your use of the FunkyAsian website located at www.funkyasian.com’ and form a binding agreement between FunkyAsian and you in relation to your use of this website. Please read all of the Agreement carefully before using the website. By using our website, you acknowledge and agree that you have had an opportunity to read and understand the Agreement and agree to be bound by it.
ACCESSING OUR WEBSITE
As a user, you will be able to access most areas of the website; however, certain areas are only open to you if you register. In particular, you will need to register your details in order to complete a purchase.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.We endeavour to ensure that the website is available 24×7; however, we will not be liable if for any reason it is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
CLICK THE "I AGREE" CHECKBOX
By using the Web Site and clicking the "I AGREE" checkbox on the Registration form Agreements," User acknowledge acceptance of the Customer terms and conditions of this Agreement and agree as a Customer of FunkyAsian Boutique.
By affirmatively clicking the “I AGREE” checkbox, you are simultaneously
(i) designating yourself as a Customer,
(ii) making certain representations and warranties, as further described in terms of service
(iii) To agree and bound by the Customers covenants in addition to User terms and conditions including but not limited to payment terms, shipping and refund policy.
If you do not accept this Agreement, you are not authorized to use the Web Site.
USE OF IMAGES
Unless otherwise noted, all images (GIF, JPG, PNG, TIFF or other formats) on our website are the copyright of FunkyAsian. Images must not be downloaded, reproduced or retransmitted from this website, and while images may be used for personal use, prior consent must be obtained from the FunkyAsian. You may download one copy of the clothing image for personal use.
RELIANCE ON INFORMATION POSTED
Apparel specifics, colour and design description, measurements, fabrics utilised, comments, testimonials, promotional and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site.
SITE UPDATES
In the world of fashion, changes are very frequent and to keep pace with them, we are required to update our website, as and when required and may change the content at any time for your convenience. Any material displayed at a particular time may be out of stock at that time, and you are therefore advice to check the availability before placing an order.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We may process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO OUR SITE
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, edit, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards and/ or UK laws.
PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
(a) In any way that breaches any applicable local, national or international law or regulation
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
(c) For the purpose of harming or attempting to harm minors in any way
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
(e) To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam)
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site and any clothing or apparel including design listed or sold on the website;
Not to access without authority, interfere with, damage or disrupt:
i. any part of our site
ii. any equipment or network on which our site is stored
iii. any software used in the provision of our site, or
iv. any equipment or network or software owned or used by any third party
CONTENT STANDARDS
These content standards apply to any and all material which you Post/upload (i.e. your contribution) to our site.
You must comply with the spirit of the following standards. The standards apply to each part of any contribution as well as to its whole.
1. Contributions must:
a) Be accurate (where they state facts)
b) Be genuinely held (where they state opinions)
c) Be relevant
d) Comply with applicable law in the UK and/or any other country.
2. Contributions must not:
a) Contain any material which is defamatory
b) Contain any swearing or any material which is obscene, offensive, hateful or inflammatory
c) Promote sexually explicit material
d) Promote violence
e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
f) Infringe any copyright, database right or trade mark of any other person
g) Be likely to deceive any person
h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
i) Promote any illegal activity
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. By breaching this provision, you would commit a criminal offence.
LINKING TO OUR SITE
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take any advantage of it, whatsoever.
You must not establish a link from any website that is not owned by you, except with prior consent of the rightful owner of the linking website.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of such sites.
VARIATIONS
The FunkyAsian may revise these terms and conditions at any time by updating this posting. Your continued use of the website indicates your acceptance of any revisions. You should therefore periodically check these terms and conditions, because they are binding on you. If you do not agree with any revisions you should leave the website.
INTELLECTUAL PROPERTY RIGHTS
We are the owner of all intellectual property rights in our site, and in the material published thereon. Those works are protected by laws and treaties around the world. All such rights are reserved.
It must always be acknowledged, that we (including authorised contributors) are the authors of material on our Site. Nonetheless, it is to be noted that there could be some material on the website with partial or full rights owned by third party and the same may be described or credited at its listing.
If you print off, copy or download any part of our Site in breach of these conditions of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You must not use any part of the materials including but not limited to software, codes, layouts, designs, pictures, clothing designs on our Site for commercial purposes without obtaining a licence to do so from us.
We may claim damages from you for any unauthorised use of our intellectual property and breach of any provisions herein.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless FunkyAsian, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the conditions of use of this website (including negligent or wrongful conduct) by you.
DISCLAIMER OF WARRANTIES & LIABILITY
FunkyAsian has endeavoured to ensure that all the information on the Website is correct, but FunkyAsian neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall FunkyAsian be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall FunkyAsian be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, FunkyAsian shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond FunkyAsian's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
There may appear any promotional material and pictures of models, actors, and actresses wearing creation of other designers, sourced by FunkyAsian or any third party. The third party materials are the intellectual property of their respective owners and FunkyAsian does not claims any right whatsoever over it.
REPORT ABUSE
If you come across any abuse or violation of these conditions, please report to www.funkyasian.com.
YOUR CONCERNS
If you have any concerns or queries about material which appears on our site, please contact www.funkyasian.com.
Thank you for visiting our site.