TERMS OF USE

ELIGIBILITY

By using this website or registering for an Account, You represent and warrant that You are, or are an employee, officer, consultant, agent or affiliate of: (i) a Brand, which has a specific agreement with Mode Society to allow for the marketing and sale of Your Brand’s Products through our Site; or (ii) a Retailer that has a contracted with Mode Society to establish a Mode Society account and buy certain goods from us though the Mode Society Site, as described in the Agreement (Provided to you or your business and/or brand)

We may, in our sole discretion, refuse to offer the Service or permit the access to certain pages or Brands to You, or any person or entity and change eligibility criteria at any time, especially, but not exclusively, when oriented by the Branch to do so. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to You and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for Your use, and not for the use or benefit of any third party.

ACCESSING THE SITE AND ACCOUNT SECURITY

Subject to your compliance with the these Terms Of Use, the User may access and use our Site solely for our personal, non-commercial use.

We may, in our sole discretion, suspend or terminate a User’s access to our Site at any time for any reason or no reason or restrict the access to certain pages or Brands to You, or any person or entity and change eligibility criteria at any time, especially, but not exclusively, when oriented by the Brand to do so. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to You and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for Your use, and not for the use or benefit of any third party.

We may withdraw or amend the Site, and any service or material on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including registered Users, as applicable.

USER ACCOUNTS & REGISTRATION

You will be required to register for an account on the Site (your "User Account"). The User’s account on our site gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of User Accounts for different types of Users. You must provide accurate and complete information and keep Your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than You without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.

You are solely responsible for the activity that occurs on Your Account, and for keeping Your account password secure. A User may never use another User’s Account without permission or registration information for use of the website without permission.

When a User creates their User Account, the User must provide accurate and complete profile information, and the User must keep this information up-to-date. User’s are solely responsible for the activity that occurs on their User Account, and the User must keep their User Account password secure. We encourage User’s to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with their User Account. A User must notify us immediately of any breach of security or unauthorized use of their User Account. You should never publish, distribute or post login information for Your Account. We will not be liable for any losses caused by any unauthorized use of the User’s, User Account. You shall have the ability to delete Your Account, either directly or through a request made to one of Mode Society’s employees.

All User’s agree that all information the User’s provide to register with this website or otherwise, including, but not limited to, through the use of any interactive features on the website, is governed by our Privacy Policy (https://www.mode-society.com/pages/privacy-policy), and the User consent’s to all actions we take with respect to the User’s information consistent with our Privacy Policy.

The User control’s certain aspects of your User Account and how the User interacts with our website by changing the settings in the User settings page. By providing us with your email address, you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use the User’s email address to send the User other promotional messages, such as changes to features of our website and special offers. If a User does not want to receive such email messages, a User may opt out or change their preferences by contacting us at privacy@mode-society.com or by clicking the unsubscribe link within each promotional message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; however, opting out will not prevent you from receiving service-related notices.

User’s acknowledge that they do not own the User Account they use to access our website. Notwithstanding anything in these Terms Of Use to the contrary, User’s agree that we have the absolute right to manage, regulate, control, modify, and/or eliminate any data stored by us or on our behalf (including by our third-party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to User’s based on our exercise of such right. All data on our servers are subject to deletion, alteration, or transfer.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, user account history, and User Account content residing on our servers may be deleted, altered, moved, or transferred at any time for any reason in our discretion, with or without notice, and with no liability of any kind. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on our or third-party servers.

By connecting to our site with a third-party service, User’s give us permission to access and use their information from that service as permitted by that service and to store the User’s log-in credentials for that service.

INTELLECTUAL PROPERTY RIGHTS

User’s acknowledge and agree that, excluding your User Content, our website(s) and all materials therein or transferred thereby, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, message, or other material appearing on this Website, including User Content of other Users (collectively, "Mode Society Content"), are owned by us, our partners, the Brands, our users or our licensors. 

Such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws ("Intellectual Property"). You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the website. You or any user affiliated with You, are strictly prohibited from using any Intellectual Property, including but not limited to any Content specifically provided by us, our partners, the Brands, our users or licensors, as well as any aspect, feature, design element, user interface or source code of the Site, outside of the Site or in any way not expressly authorized by the applicable rights holder to such Intellectual Property.

You may delete or remove Your Content by a request made to one of our employees or affiliates. When Your Content is deleted, it will be removed from the website. However, You understand that any removed Content may persist in backup copies for a reasonable period of time (but will not, following removal, be shared with others).

Any permission granted under these Terms terminates automatically without further notice if a User(s) breach any of our terms. Upon such termination, User’s agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

Subject to these Terms, we grant each user of the Site a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes related to the purchase and sale of goods through the website (a "Business Use"). Use, reproduction, modification, distribution or storage of any Content for other reason than a Business Use is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content in any way that violates any third party right.

We do not guarantee that any Content will be made available on through the Services. Furthermore, we reserve the right to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to You and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that You may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Site.

Any Use of intellectual property and content not specifically permitted under these terms is strictly prohibited.

PROHIBITED USES

User’s may use the Website for lawful purposes only, and in accordance with these Terms Of Use. User’s agree not to use the Website for:

• In any way that violates any applicable state/county/provincial/emirate, local, national/federal or international law or regulation (including, without limitation, any laws regarding the export of data or software)
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Mode Society, a Mode Society employee, another User, a brand or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Mode Society, brand or Users of the Site, or expose them to liability

In addition, User's agree not to:

• Use the website in any way that could damage, overload, impair, or interfere with how anybody else uses it, including their ability to interact with the website in real-time.
• Use any manual process to monitor or copy any of the website's content or for any other purpose not expressly permitted in these Terms of Use without our prior written consent.
• Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the content on the website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically damaging material;
• Use any device, program, or routine that prevents the Website from operating properly.
• Make an effort to access the Website, the server on which it is stored, or any server, computer, or database linked to the Website without authorization and to interfere with, disrupt, or harm any of these items.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
• Use the website against us, to create rival goods or services, or in any other way that would be detrimental to our business.
• Use the website for competitor analysis and/or benchmarking.
• Identify us, make reference to or display any portion of our Website on any other website or service that damages or defames us or our products and/or services, or infringes any of our intellectual property and/or other rights.
• Identify or make reference to our website in a way that may reasonably be interpreted as an endorsement, relationship, sponsorship or affiliation between the User or a third party and us, other than your permitted use of our Website under these Terms, without our prior written approval and consent.

INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT

We respect other people(s), organisation, legal entity(s) and /or companies rights to their intellectual property. If any Content on our site violates your copyright or other intellectual property rights, and you are the owner of the copyrights or a representative/agent of the owner, please let us know by giving the following information:

• Your address, telephone number, and email address.
• A description/information of the copyrighted work/material/content that you claim has been infringed
• A description/information of where the alleged infringing work/material/content is located on our Website.
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agents, or otherwise allowed for applicable law.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material.
• A statement by you that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Failure to furnish or provide us with notice in accordance with the afore-mentioned terms, may result in your notice being invalid.

Please send your notice to; privacy@mode-society.com. All other inquiries or complaints should be directed to customer service.

RELIANCE ON POSTED INFORMATION

The information/materials/content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance Users place on this information is strictly at their own risk. We disclaim all liability and responsibility arising from any reliance placed on such information/materials/content by User’s the Website, or by anyone who may be informed of any of its information and/or contents.

The Website may contain links to third-party information/material’s/content, sites and/or services, that are not owned or controlled by Mode Society. Certain functionality of this Website might require integration with or the User’s use of third-part services. If the User(s) use third-party services, Users are subject to and agree the third-party(s) terms and conditions of service and privacy made available on their services. We do not endorse or assume any responsibility for any such third-party websites, materials, content, information products or service. If Users access a third-party website or service or share your User Generated Content on or through any third-party website and/or service, User’s do so at their own risk. Users understand that this agreement and our privacy policy do not apply to a User’s use of such services and/or Websites. Users expressly relieve Mode Society, from any and all liability arising from the use of third-party Websites, services, and/or content. Including but not limited to User Generated Content submitted by other Users.

CHANGES TO THE WEBSITE

From time to time, we might update the content, materials and information on this Website, but its consistency is not necessarily complete or up to date. At any given point in time, any of the content, materials, information on the Website might be out of date and we are under no obligation to update such content, materials and/or information.

DATA AND INFORMATION RELATING TO USERS AND THE USERS VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy (https://www.mode-society.com/pages/privacy-policy)   By using the Website, Users consent to all actions taken by us with respect to the Users information in compliance with the Privacy Policy.

WEBSITE AND SOCIAL MEDIA LINKING

Users are permitted to link to our homepage, provided they do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Users may not establish a link in such a way as to suggest any form of association, approval, collaboration, association, or endorsement on our part without our express consent.

This Website may provide certain social media features that enable Users to:

• Link from a Users own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of information, materials and/or content on this Website to be displayed or appear to be displayed on a Users own or certain third-party websites

Users may use these features solely as they are provided by us, and solely with respect to the information, materials and/or content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the afore mentioned, Users must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the information, materials, content on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which a User is linking, or on which the User make's our content accessible, must comply in all respects with the Content Standards set out in these Terms Of Use.

We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

This Website may contain links to other Websites and resources provided by third parties, these links are strictly provided for Users convenience. This includes links contained in advertisements, including but not limited to, banner advertisements and sponsored links. We have no control over the information, material and/or contents of those websites or resources and accept no responsibility and/or liability for them or for any loss or damage that may arise from the Users use of them. If a User decides to access any of the third-party websites linked to this Website, the User does so entirely at their own risk and subject to the terms and conditions of use for such websites.

TERMINATION

We may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate Your Account, You may do so by following the instructions on the Site or contacting us. In any case, termination may result in the forfeiture and destruction of all information associated with Your account, excepting the information that may persist in backup copies for a reasonable period of time. All provisions of these Terms Of Use which by their nature should survive termination shall survive termination.

LIMITATED LIABILITY

To the fullest extent provided by law, in no event will the company, its affiliates, subsidiaries, brands or their licensors, service providers, suppliers, employees, agents, officers, or directors be liable for damages of any kind, under any legal- theory, arising out of or in connection with the Users use, or inability to use, the Website, any websites linked to it, any information, materials, and or content on the website or such other websites. Including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data and whether cause by tort (Including negligible), breach of contract, or otherwise, even if foreseeable.

In no event shall Mode Society, its affiliates, agents, directors, employees, suppliers, brand, service providers and/or licensors be liable to User's for any claims, proceedings, liabilities, obligations, damages, losses, or costs.

In no event shall Mode Society, its affiliates, agents, directors, employees, suppliers, brand, service providers and/or licensors be liable to User's for any bugs, viruses, trojan horses, or the like (regardless of the source of origin)

The afore mentioned, does not affect any liability that cannot be excluded or limited under applicable law.

INDEMNITY

Users agree to indemnify, defend and hold harmless Mode Society, its directors, officers, employees, subsidiaries, consultants, agents, licensors, affiliates, suppliers and service providers and their respective officers, employees, directors, agents, licensors, suppliers, successors from any and all claims, third party claims, liability, damages, judgements, awards, losses, and/or expenses, fees, costs (including, but not limited to, legal/attorney fees) arising from or relating to, without limitation, the Users breach of these Terms Of Use and/or the Users use of the website, their infringement of any intellectual property right or any other right of any person or entity, or the Users breach of any duty of confidence or privacy, or any defamatory statements made by the Users in any form. Including, but not limited to, The Users “User Content”, any use of the Site's content, services, and products other than as expressly authorized in these Terms Of Use, or the Users use of any information obtained from the Website.

You acknowledge that We have no control over, and no duty to take any action regarding: (i) what Content You access via the website;(ii) what effects the Content may have on You; (iii) how You may interpret or use the Content; or (iv) what actions You may take as a result of having been exposed to the Content.

The website may contain, or direct You to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the website.

THE WEBSITE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

ARBITRATION

Using or accessing the Website constitutes the User’s acceptance of this Arbitration provision. Please read it carefully as it provides that the User and Mode Society waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

All disputes, controversies and/or claims arsing out of or related to these Terms OF Use or any aspect of the relationship between the User and Mode Society, whether based in contract, tort, statute or any another legal theory, will be resolved through final and binding arbitration, before a neutral arbitrator and Users agree that Mode Society and the User are each waiving their right to sue in court and to have a trail. Users agree that any arbitration will take place on individual basis. Class/Joint Arbitrations and Class/Joint Actions are not permitted, and Users are agreeing to give up the ability to participate in a Class/Joint Action.

Users also agree that the language of the arbitration shall be English.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by the User or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the applicable rule-making authority or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms Of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms Of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the fore mentioned, nothing in these Terms Of Use will preclude you from bringing issues to the attention of state/county/provincial/emirate, federal/national or local agencies.

INDULGENCES AND WAIVER

No indulgence or waiver of any term and condition set out in these Terms Of Use, by Mode Society, shall be deemed as or constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mode Society to assert a right or provision under these Terms Of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms Of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms Of Use will continue in full force and effect.

ENTIRE AGREEMENT

This Terms Of Use constitute the sole record and entire user agreement between Users and Mode Society regarding the Site in relation to its subject matter and supersedes any and all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

COMMENTS, FEEDBACK AND CONCERNS

This website is owned and operated by Mode Society LLC, based in the United Arab Emirates. All notices of copyright infringement claims should be sent to: privacy@mode-society.com

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: hello@mode-society.com

GOVERNING LAW

This Terms Of Use and the interpretation of its terms shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC) Courts located in Dubai, United Arab Emirates and subject to the exclusive jurisdiction of this court

FORCE MAJEURE

Mode Society shall not be liable or responsible for any failure to perform or delay in performance of, its obligations in relating to our Terms Of Use as a result of any acts and/or events beyond our reasonable control

This includes but is not limited to, shortage or unavailability of stocks of products or raw materials, shortage of labour, lack of skilled labour, failure of the our suppliers and service providers, any acts of war or public enemy, civil commotion or strife, political or civil disturbance, riot, insurrection, strikes, lock-out, interruption of transport, labour dispute, boycott, fire, explosion, flood, storm, infectious or contagious disease, virus, epidemic, pandemic or natural or physical disaster, lockdown, sabotage, terrorism, acts or omissions of any government, government agency, provincial/state/county/emirate or local or similar authority, laws or regulations or any acts of God or forces of nature. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Our performance under these Terms Of Use is deemed to be suspended for the period that the Force Majeure continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to conclude the Force Majeure or to find a solution by which our obligations under this Terms Of Use may be performed despite the Force Majeure.