Welcome to this Fashion Biz Web site (the “Site”) which is provided as a service to our distributors and their customers in general. Please review the following terms and conditions of use, which govern your use of the Web site and how you may or may not use our intellectual property (including our trade marks), hereinafter referred to as the “Agreement”.
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms or any amendments of these terms since you last used the Site, please do not use the Site and cease all use of our intellectual property.
Right to Change Site
We reserve the right, at any time and at our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
The Site and its contents are intended to promote Fashion Biz’s products and services available in the countries in which it operates. The Site is controlled and operated by Fashion Biz from its Head Office in New Zealand.
Unless otherwise specified, the Site, and all materials on the Site including text, drawings, images, illustrations, designs, logos, icons, photographs, video clips, audio files, audio-visual files and other materials (collectively, the “Contents”), are owned by, controlled by or licensed to Fashion Biz.
Unless specified to the contrary:
- all Contents are the copyright of Fashion Biz under the Australian Copyright Act 1968 (Cth) or equivalent legislation in other jurisdictions. All rights are reserved by Fashion Biz;
- all names, logos, slogans, devices, tag lines, and trade marks (whether registered and unregistered) contained or displayed on this Site or used on or in connection with Fashion Biz products (Fashion Biz Trade Marks) are the property of, or used under licence by, Fashion Biz;
- all intellectual property in or with respect to Fashion Biz products, including copyright in the artwork, design, drawings, logos and patterns on the Fashion Biz products is the sole property of Fashion Biz; and
- unless expressly agreed to by Fashion Biz, you do not acquire any right or entitlement in or to the Contents and the intellectual property subsisting in or relating to the Contents or the Fashion Biz products (including the Fashion Biz Trade Marks) by your use of the Site. Fashion Biz does not warrant that use of such intellectual property does not or will not infringe the rights of third parties.
You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You acknowledge and agree that you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents, or the intellectual property subsisting in the Contents unless you are an authorised distributor of Fashion Biz products, in which case you may use the trade marks in accordance with the relevant provisions under the “General Terms & Conditions” governing our supply of Fashion Biz products to you.
You must not (whether directly or indirectly) or through a third party in any way:
- use, apply for, register or renew any company name, business name, trade mark, domain name or similar containing words comprised in any of the Fashion Biz Trade Marks or that is substantially identical or deceptively similar to any of the Fashion Biz Trade Marks;
- alter, remove, conceal or tamper with any Fashion Biz Trade Marks used in the Contents or Fashion Biz products;
- to the extent permitted by law, take any action or assist any other person to take action which may challenge the validity or ownership of the Fashion Biz Trade Marks or other intellectual property in or in connection with the Contents or the Fashion Biz products.
- to the extent permitted by law, engage in any conduct which endangers the capacity of any intellectual property of Fashion Biz to be protected by design, patent, trade mark or other registration, or threatens the validity of any such registration.
If you are using this Site and you are an authorised distributor or re-seller of Fashion Biz products, you agree that we are entitled to control the manner in which you use the Fashion Biz Trade Marks. In particular, you must only use the Fashion Biz Trade Marks in relation to genuine Fashion Biz products and must not use any trade marks other than the Fashion Biz Trade Marks on our products unless you have obtained our prior written consent.
If Fashion Biz objects to the manner in which you are using or permitting the use of any of the Fashion Biz Trade Marks, we will give notice to you and you agree promptly to remedy the situation to our satisfaction.
All goodwill in the Fashion Biz Trade Marks arising out of the use of the Fashion Biz Trade Marks by or on behalf of you in the course of distributing Fashion Biz products as authorised distributor or reseller of Fashion Biz products enures to the benefit of Fashion Biz.
Personal Information Submitted Through the Site
Collection distributors and their affiliates. Certain products and colour combinations are available as “run-out” or “clearance” lines. These products may have limited quantities and sizes and no returns are accepted on these products. Any prices displayed on the Site are quoted in the local currency of the country, and Fashion Biz reserves the right to change or modify the price of any item at any time at its sole discretion.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after orders have been submitted). You agree not to hold Fashion Biz liable for any expense, damage or costs arising from such typographic errors, inaccuracies, or omissions.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
All Contents on the Site are provided for the general information of our distributors and other interested parties. While we have made and will continue to make reasonable efforts to keep the information contained in this Site current and accurate, to the extent permitted by law, all Contents are provided “as is” without warranties of any kind, either express or implied as to the accuracy or completeness. In addition, Fashion Biz makes no warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property with respect to the products featured on this Site and the intellectual property relating to the products.
Fashion Biz expressly disclaims any duty to update or revise the materials on the Site, although Fashion Biz may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. To the extent permitted by law, Fashion Biz shall not be liable for any damages of any kind related to your use of the Site.
You agree to defend, indemnify and hold Fashion Biz harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, in monetary terms but also in time and energy, both you and Fashion Biz agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent as follows:
- to Fashion Biz at: Fashion Biz PO Box 97251, Manukau City, Manukau, New Zealand 2241, Attn: The General Manager, or
- to you at your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Fashion Biz agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of New Zealand, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by courts of New Zealand. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Fashion Biz’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or Fashion Biz. You may terminate this Agreement at any time. Fashion Biz also may terminate this Agreement at any time without notice at its sole discretion, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement or for any reason whatsoever. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.