Definitions
Unless the context otherwise requires, any word, term or expression
used in these Terms of Use shall be construed according to its ordinary meaning.
This shall be without prejudice to the following:
“Cookies” shall mean a bundle of data sent from a web server to a browser and
stored on the hard drive of the computer from which the browser is being
accessed;
“Company” shall mean InFashion Malta;
“Personal Data” shall have the same meaning as is attributed to it by the Data
Protection Act (Cap. 440 of the Laws of Malta);
“Services” shall mean the provision of portfolio space to those Users offering
services related to the fashion industry on the Website of the Company against
payment of the Ongoing Fee. The advertisements so placed shall be
available for viewing by all Users. The Company does not offer in any way
to act as intermediary or to facilitate transactions between Users;
“User” or “Users” shall mean anyone making use of the Services provided by the
Company and/or anyone accessing the Website of the Company for whatever purpose;
“Website” shall mean the website operated by the Company and having the
following url – http://www.infashionmalta.com
Use of Services
Use of the Services provided by the Company through its Website shall be
conditional on agreeing to observe the following Terms of Use. Use of the
Services provided by the Company shall entail your agreement to be bound by
these Terms of Use.
Use of the Services provided by the Company shall be conditional on having
access to the World Wide Web, either directly or indirectly. Payment of any fees
associated with the said access shall be the responsibility of the User, who
shall also be responsible for providing all the necessary equipment to connect
to the World Wide Web, whatever form the said equipment may take.
Proper Use of Services
Users shall use the Services only for lawful purposes and in particular they
shall not:
- make use of any obscene, threatening, menacing, offensive, defamatory materials
or such materials as are in violation of any law or regulation, in breach of
confidence, harmful to minors, in breach of intellectual property right or
otherwise unlawful when making use of the Services
- impersonate any person or entity, falsely state or otherwise misrepresent
affiliation with a person or entity;
- make use of the Services so as to cause other Users or third parties to receive
unsolicited or unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of solicitation
- make use of the Services to knowingly or negligently transmit any electronic
material that may be detrimental or/and cause any sort of damage or malfunction
to the computer system of the Company or of any other User or third party; and
- collect or store Personal Data about other Users or third parties
Any breach of the aforementioned shall entitle the Company to terminate your use
of the Services.
Disclaimer of Warranties
The Company does not offer any warranty as to the accuracy, content,
completeness, legality, reliability or operability or availability of
information or material made available to and/or by Users. Nor does the
Company offer any warranty as to the correct communication, presentation or
display of the information made available to and/or by Users.
The Company excludes, in so far as it is allowed by law to do so, any warranty
whatsoever related to the Services and in particular it does not offer any
warranty as to fitness for a particular purpose and non-infringement of
proprietary rights, including intellectual property rights.
Nor does the Company provide any warranties as to the integrity and correctness
of the information present on its Website and as to the services advertised on
the Website or advertised and/or made available through sites linked thereto.
In particular, with respect to any immovable property that may be advertised on
the Website, the Company disclaims any responsibility as to its peaceful
possession, title thereto, structural integrity, general conditions and
surroundings, and any other condition that may attract liability.
The Company further disclaims any responsibility for any damages whatsoever
which may be incurred by any User when making use of the Services.
The Company disclaims responsibility for any improper use of Users’ Personal
Data.
Limitation of Liability
Under no circumstances shall the Company be held liable in damages of any kind
whatsoever to any User.
Content
The Company shall not be responsible for any content displayed on the Website or
any content which is linked to the Website. The Company does
not make any representations concerning any effort to review the content and
shall not be held liable or responsible for the accuracy, copyright or trademark
compliance or legality of any content.
Intellectual Property
All rights, including copyright, in the content of the Website are owned or
controlled for these purposes by the Company. Users may only download the
content for your own personal non-commercial use.
Users shall are not be allowed to copy, broadcast, download, store (in any
medium), transmit, show or play in part or in whole, adapt or change in any way
the content of the Website for any other purpose whatsoever without the written
permission of the Company
Changes in Terms of Use and Service
The Company reserves the right to change, alter or modify the Services from time
to time, for any reason, and notice, including the right to terminate the
services offered by the Company. The Company further reserves the right to
change, alter or modify without prior notice the present Terms of Use.
Privacy
The Privacy Policy of the Company as stated hereunder shall not apply vis-à-vis
such data and/or information as a User may disclose to another User.
Governing Law
All disagreements, issues or disputes arising from or related to the use of the
Services and/or to the application, interpretation or construction of these
Terms of Use shall be resolved in an amicable fashion.
Where no amicable settlement is reached within sixty (60) days, the
disagreement, issue or dispute shall be referred to arbitration in terms of the
Arbitration Act (Cap. 387 of the Laws of Malta). The sixty days shall
start to run from when either the Company or the User shall formally notify the
other party in writing of the existence of a disagreement, issue or dispute.
Indemnity and Release
Users shall indemnify the Company and its parents, subsidiaries, affiliated
companies, officers and employees and hold them harmless from any and all claims
and expenses, including legal fees arising from your use of the Services.
Users shall release the Company and its parents, subsidiaries, affiliated
companies, officers and employees from any and all claims, demands, debts,
obligations, damages (actual or consequential), costs, and expenses of any kind
or nature whatsoever.
Modification of Service
The Company shall have the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the services provided by the Company,
in whole or in part, with or without notice.
The Company shall not be liable to any User for any modifications, suspension or
discontinuance of the Services.
Violation of Terms of Use
Violations of these Terms of Use or any other rights of the Company entitle the
Company to pursue any and all legal and equitable remedies against the
responsible User including, without limitation, termination of the Services.
Failure by the Company to enforce any right or provision in these Terms of Use
shall not constitute a waiver of such right or provision or of any other rights
or provisions present in these Terms of Use.
In the event that a court decides, decrees, judges or in any other way considers
that one or more rights or provisions set forth in these Terms of Use are
invalid, the remainder of the Terms of Use shall be enforceable and, to the
extent permitted by law, the court shall give effect to the parties' intentions,
as reflected in any such right or provision that has been declared invalid or
unenforceable.