A.1. The Fashion Jungle Inc. (“Fashion Jungle,” “we,”
“us,” “our”) is the owner of the Fashion
Jungle mobile application (the “Application”). The
Application provides users (“you,” “your”,
“User”, “Users”) with fashion services
such as personal shopping and fashion consulting, as well as an
interactive map to guide you on your way (the “Services”).
A.2. We grant you access to the Application subject to these Terms
of Services (the “Terms”). You agree that you have
A.3. Our use of any information you provide via the Application
You acknowledge and agree that you are solely responsible for
the accuracy and content of such information.
A.4. Our liability is subject to the limitations and exclusions
described in Sections P (INDEMNITY), Q (DISCLAIMERS), R (LIMITATION
OF LIABILITY) and S (RELEASE). Please read these Sections carefully
because they limit your rights.
B.1. Compliance with these Terms is required for all use of the
Application by any person (User). By using the Application, each
User accepts and agrees to be bound by these Terms.
B.2. We may update these Terms at its absolute discretion from
time-to-time, and unless stated otherwise by us in writing, these
updates will come into effect once they are made available on
the Application or otherwise notified to Users.
- C.1. Users use the Application to find great stores and shopping
opportunities through the interactive map, to receive fashion
and shopping advice through the Live Chat function, and to engage
Personal Shopping and Fashion Consultants.
D. USER ACCOUNTS
D.1. Accounts. Users login to the app by entering their names,
email addresses, and choosing a password and username (the “User
ID”). Failure to provide accurate, complete, and truthful
information is a breach of these Terms.
D.2. Personal Shopping Questionnaire. Before activating the Live
Chat functionality or hiring a Personal Shopper, the User will
be asked to fill out a short questionnaire to know the preferences
and styles of the user. It will also ask questions such as personal
style, favorite colors, sizes, etc.
D.3. User Content. Users may upload content to the application
in order to facilitate the live chats, personal shopping experience,
or other services. This can include, without limitation, photographs,
videos, information, data, text, comments, graphics, and interactive
features generated, provided, or otherwise made accessible through
our Service (collectively, the “User Content”).
D.4. Rights and Licenses. We do not acquire ownership rights over
any User Content. When you upload User Content to the Application,
you grant us and our authorized sub-licensees and distributors,
a worldwide, non-exclusive, royalty-free, right and license to
reproduce, distribute, digitally transmit, stream, display, create
derivate works of, communicate to the public, synchronize, and
collectively exploit your content and all associated copyrightable
works or metadata. We may do this on your behalf in connection
with our Service, using any technologies or methodologies. The
foregoing license grant does not affect your ownership or license
rights in your User Content, including the right to grant additional
licenses to the material.
D.5. Misuse of Account. You shall not:
(a) Select or use a User ID with the intent to impersonate another
(b) Use another User ID without appropriate authorization;
(c) Select a name or username (the User ID) that is offensive,
vulgar or obscene.
We reserve the right to refuse registration of and/or cancel a
User ID in our sole discretion. You are responsible for all activity
that occurs on your account. You must immediately notify us of
any unauthorized use of your account, or any other account related
security breach of which you are aware.
E. FASHION JUNGLE’S ROLE AS LIMITED AGENT
E.1. We are not the manager or owner of the stores,
outlets, and other shopping venues (collectively, the “Stores”)
listed on the application. We only provide a service that allows
our Users to discover new Stores and access discounts and other
services. It is each Store’s sole obligation to ensure that
its physical facilities and services meet all applicable local,
state, provincial, national and other laws, rules and regulations,
and that the goods and services described on the platform are actually
delivered in a satisfactory manner.
F.1. User Warranties. You represent and warrant,
and can demonstrate to our full satisfaction upon request, that:
(a) You are at least 13 years of age. You may not use our Services
if you are under the age of 13;
(b) You own or otherwise control all rights to any uploaded Content;
(c) You have full authority to act on behalf of any and all owners
of any right, title or interest in and to any Content you upload
to our Service; and,
(d) You have permission to use the name and likeness of each identifiable
individual person you upload to the Application.
(e) All information and User Content posted or transmitted through
the Application is the sole responsibility of the User from which
such content originated. We will not be liable for any errors or
omissions in any User Content.
F.2. We do not endorse or have control over any User Content, nor
can we guarantee the authenticity of any information that Users
may provide about themselves, including their identity.
F.3. You acknowledge that all User Content accessed by you using
our Service is at your own risk and you will be solely responsible
and liable for any damage or loss to you or any other party resulting
G. FEE STRUCTURE FOR SERVICES
G.1. Free Services. Creating an account, using
our interactive map and other complimentary services are free.
G.2. Live Chat. Live Chat prices are posted on the Application.
To take advantage of the Live Chats, please purchase credit in advance
which you can use towards the Live Chat Services.
G.3. Personal Shopper. Prices for Personal Shoppers are set by each
individual Personal Shopper. Please Consult our price list on the
G.4. We may introduce new services and/or fees by giving the User
written notice of their availability and applicability.
H.1. From time to time, in our sole discretion,
we reserve the right to establish and provide additional services
to you beyond the basic functionality of our Services. All such
additional services shall be deemed a part of our Services and subject
to all the terms and conditions of these Terms
I. PROHIBITED USER CONDUCT
I.1. You warrant and agree that, while using
the Application and the various services and features offered on
or through the Application, you shall not:
(a) Impersonate any person or entity, whether actual or fictitious,
or misrepresent affiliation with any other person or entity;
(b) Attempt to gain unauthorized access to other personal devices,
Content or information through any means;
(c) Engage in harvesting of information, contact or personal information,
or any other automatic means of obtaining lists of property, Users
or other information from or through the Application;
(d) Use the Application or the services made available on or through
the Application in any manner with the intent to interrupt, damage,
disable, overburden, or impair the Application or such services,
including sending mass unsolicited messages or "flooding"
servers with requests;
(e) Abuse, harass, threaten or intimidate other Users;
(f) Rent, lease, resell, distribute, use our Services for timesharing,
service bureau or other commercial purposes not contemplated by
this paragraph or otherwise exploit our Services in any unauthorized
or unintended manner;
(g) Remove or alter any proprietary notices or labels on or in our
(h) Use the Application in violation of our or any third party's
intellectual property or other proprietary or legal rights;
(i) Facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes,
and/or any other activity featuring the award of a prize;
(j) Solicit any User to use a third party service that competes
with Fashion Jungle;
(k) Collect social security or insurance number, financial account
number, drivers’ license number, health information, or other
sensitive information required to be secured under applicable local,
state, provincial, national, or other law, rule, or regulation,
or for which disclosure is required in case of a data breach without
first obtaining our prior written consent.
I.2. You further agree not to attempt (or encourage or support anyone
else's attempt) to engage in any of the foregoing prohibited activities.
I.3. You must not use the Application in any manner that could damage,
disable, overburden, or impair the Application or interfere with
any other party's use and enjoyment of the Application. You must
not obtain, use, or access, or attempt to obtain, use, or access,
any Content or information through any means not intentionally made
publicly available or provided for through the Application.
J. MODIFICATION OF THE SERVICE OR APPLICATION
J.1. We reserve the right, at our sole discretion,
to change, modify, suspend or discontinue our Service and/or Application,
including, without limitation, the availability of any feature,
database, function, or content at any time. We may impose limits
on certain features, services, and/or function, or restrict your
access to parts or all of the Service without notice or liability.
J.2. It is your responsibility to check these Terms of Service periodically
for changes. Your continued use of our Service following the posting
Besides the preceding sentences of this section, no modifications
Company that arose prior to the date of such modification.
K. ADVERTISING AND NOTIFICATIONS
K.1. Some of our Services may be supported by
advertising revenue and may display advertisements and promotions.
You agree that we may place such advertising and promotions on the
Application, or on, about, or in conjunction with your User Content.
The manner, mode, and extent of such advertising and promotions
are subject to change without specific notice to you.
K.2. You grant our permission to use and send push notifications,
emails, alerts, marketing and promotional materials, email campaigns,
and other reasonable forms of communications.
L.1. Intellectual Property means all copyright,
patents, inventions, trade secrets, know-how, product formulations,
designs, circuit layouts, databases, registered or unregistered
trademarks, brand names, business names, domain names, and other
forms of intellectual property (collectively, the “Intellectual
L.2. Proprietary Information. The Application may use and incorporate
software and other proprietary systems and Intellectual Property
for which we have appropriate authority to use, and you agree that
such is protected by copyright, trademarks, patents, proprietary
rights, and other laws, both domestically and internationally. You
warrant that it shall not infringe on any Intellectual Property
or other third-party rights through the use of the Application (U.S.
Copyright Act of 1976, Title 17 U.S.C).
L.3. Application. You agree and accept that the Application (including
any source code, ideas, enhancements, feature requests, suggestions,
or other information provided by you or any other party with respect
to the Application) is the Intellectual Property of Fashion Jungle
and you further warrant that by using the Application you will not:
(a) Copy the Application or the services that it provides for your
own commercial purposes; and
(b) Directly or indirectly copy, recreate, decompile, reverse engineer,
or otherwise obtain, modify, or use any source or object code, architecture,
or algorithms contained in the Application or any documentation
associated with it.
L.4. Trademarks. We have moral & registered rights in our trademarks
and you shall not copy, alter, use, or otherwise deal in the marks
without our prior written consent.
M.1. By accepting these Terms, you are granted
a limited, non-exclusive, non-transferable and revocable license
to use, modify and reproduce the Intellectual Property, solely for
personal, non-commercial use.
M.2. You are also granted access a limited, non-exclusive, and revocable
license and use the Application for the duration of these Terms,
in accordance with these Terms.
M.3. We may revoke or suspend your license(s) and prevent future
use of the Application in our absolute discretion for any reason
that we see fit, including for breach of these Terms by you. We
will ordinarily advise you of any suspension or revocation, however
we are under no obligation to do so.
M.4. You agree that you shall only access and use the Application
for legal purposes and shall not use it to engage in any conduct
that is unlawful, immoral, threatening, abusive, or in a way that
is deemed unreasonable by us in our discretion.
M.5. You promise not to use Application for any purpose prohibited
by these Terms of Service.
M.6. We may limit or restrict access to the Application from time-to-time
as we see fit, including (but not limited to) the following situations:
(a) Location. We may restrict access to the Application for Users
from any location. We may restrict transactions, payments or any
other activity on our Application in any location in our absolute
(b) Verifications. We may limit your access to the Application where
we cannot, in our absolute discretion, verify any of the information
provided by you to us.
N.1. You acknowledge that any and all:
(a) Suggestions for correction, change, and modification to our
Services, information and reports you provide to us, and other feedback
(including but not limited to quotations of written or oral feedback),
(collectively “Feedback”); and
(b) Improvements, updates, modifications, or enhancements, whether
made, created, or developed by us, or otherwise relating to Feedback
N.2. are and will remain our property. All Feedback and Revisions
become the sole and exclusive property of Fashion Jungle and we
may use and disclose Feedback and/or Revisions in any manner and
for any purpose whatsoever without further notice or compensation
to you, and without your retention of any proprietary or other right
N.3. You assign to us any and all right, title, and interest (including,
but not limited to, any patent, copyright, future copyright, trade
secret, trademark, show-how, know-how, and any and all other intellectual
property right) that you may have in and to any and all Feedback
N.4. You agree to waive any moral rights you may have in any and
all Feedback and Revisions, and consent to any act which amounts
to an infringement of any such moral right, in favor of Fashion
Jungle. At our request, you will execute any document, registration
or filing required to give effect to these provisions.
O.1. Own Risk. You agree that you use the Application at your own
risk and that we are not responsible for the conduct or activities
of any User.
O.2. Errors or Failures. We are not liable any circumstances for
any errors or failures to execute requests or offers on the Application,
including errors or failures caused by: (1) loss of internet connection
to the Application by any party, or (2) a breakdown or failure of
O.3. User Interactions. You release Fashion Jungle from all liability
relating to any connections and relationships with other Users.
We make no representations or warranties as to the conduct of Users
or the veracity of any information they provide. In no event shall
we be liable for any damages whatsoever, whether direct, indirect,
general, special, compensatory, consequential, and/or incidental,
arising out of the Services. This includes, without limitation,
bodily injury, emotional distress, and any damages resulting in
any way from communications or meetings with Users that meet through
the Service. You are encouraged to take reasonable precautions and
exercise the utmost personal care in all interactions with any individual
you come into contact with through our Service.
O.4. Links. Where the Application contains links to other websites
and resources provided by third parties, these links are provided
to you for information only, without any endorsement or warranty
whatsoever from Fashion Jungle. You enter those websites solely
at your own risk and acknowledges that we have no control over and
accept no responsibility whatsoever for those websites or resources.
O.5. Account Access. You are solely responsible for the use and
security of your personal device, which provides access to your
Account through the Application. You must give prompt notice of
any compromise or unauthorized access to your personal device. You
must ensure and accept all liability for any breach of these Terms
arising from access with your Account.
O.6. Confidentiality. Electronic Communications Privacy Act Notice
(18 U.S.C. §§ 2701-2711): We make no guaranty of confidentiality
or privacy of any communication or information transmitted on the
Application or any website linked from the Application.
O.7. Indemnification. You agree to indemnify Fashion Jungle for
any loss, damage, cost, or expense that Fashion Jungle may suffer
or incur as a result of, or in connection with, your access to,
use of, or conduct in connection with the Application, including
any breach of these Terms by you.
(a) Your indemnification of Fashion Jungle will survive the termination
of these Terms and any use of the Application.
P.1. EACH USER ACKNOWLEDGES AND AGREES THAT:
(a) THE APPLICATION (INCLUDING ALL CONTENT, FUNCTION, CONTENT, AND
SERVICES) IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY FOR INFORMATION,
DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS,
OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
(b) FASHION JUNGLE DOES NOT WARRANT THAT THE APPLICATION (OR THE
FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY) WILL BE TIMELY,
SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
FASHION JUNGLE MAKES NO WARRANTY THAT THE APPLICATION WILL MEET
USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION,
OR CONTENT WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE APPLICATION
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF A USER IS
DISSATISFIED WITH THE APPLICATION, THE SOLE REMEDY IS TO DISCONTINUE
USING THE APPLICATION.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE APPLICATION REMAINS AT THE DISCRETION AND RISK OF THE USER
AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) FASHION JUNGLE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS
OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES
ON OR THROUGH THE APPLICATION. FASHION JUNGLE IS NOT A PARTY TO,
AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES.
P.2. EACH PARTY ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION,
WARRANTY, OR STATEMENT MADE BY ANY OTHER PARTY, OTHER THAN AS SET
OUT IN THESE TERMS.
Q. LIMITATION OF LIABILITY
Q.1. IN NO EVENT SHALL FASHION JUNGLE OR ANY
OF ITS SUPPLIERS, DISTRIBUTORS, VENDORS, CONTRACTORS, CONTENT OR
SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY
OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE
APPLICATION (OR THE INFORMATION, CONTENT, AND FUNCTION RELATED THERETO),
INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST OR CORRUPTED
DATA, LOST BUSINESS OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN
IF FASHION JUNGLE OR SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Q.2. THE ABOVE LIMITATIONS ONLY APPLY TO THE EXTENT PERMITTED IN
THE RELEVANT JURISDICTION.
R.1. We provide a service that allows our Users
to discover great new Stores and access discounts and other services.
However, we could not function if we were held responsible for the
actions or inactions of different Stores, Users, and/or third parties
both on and off the Services. As an inducement to Fashion Jungle
permitting you to access and use the Services, you hereby agree
to release Fashion Jungle, and its affiliates and subsidiaries,
and each of its and their respective officers, directors, agents,
partners, and employees from all damages (whether direct, indirect,
incidental, consequential, or otherwise), losses, liabilities, costs,
and expenses of every kind and nature, known and unknown, arising
out of or in any way connected with disputes between you and third
parties (including other Users) in connection with the Services.
In addition, you waive any applicable law or statute, which says,
R.2. “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
S.1. Where a dispute arises between us and a
User, the following process shall apply:
(a) Negotiation. If there is a dispute between the parties relating
to or arising out of these Terms, then within 10 business days of
a party notifying the other party of a dispute, senior representatives
from each party must meet (or discuss directly via the telephone
or internet) and use all reasonable endeavors acting in good faith
to resolve the dispute by joint discussions;
(b) Court proceedings. A party may not commence court proceedings
in relation to a dispute relating to or arising out of these Terms
until it has exhausted its obligation to negotiate, unless the party
seeks appropriate injunctive or other interlocutory relief to preserve
property or rights or to avoid losses that damages are inadequate
T. GOVERNING LAW AND JURISDICTION
T.1.These Terms, as well as the respective rights and obligations
hereunder, shall be governed by and construed and enforced in
accordance with the laws of the State of New York without regard
to conflict of laws principles. Please note that use of the Application
by any User may be subject to other local, state, national, and
T.2. Each User expressly:
(a) Agrees that exclusive jurisdiction for resolving any claim
or dispute with Fashion Jungle relating in any way to use of the
Application resides in the state and federal courts of the State
of New York;
i. Agrees and consents to the exercise of personal jurisdiction
in the state and federal courts of the State of New York;
ii. Waives any right to a jury trial in any legal proceeding against
Fashion Jungle; and
iii. Agrees that any claim or cause of action with respect to
use of the Application must be commenced within one (1) year after
the claim arises.
States federal government entity that is legally unable to accept
the controlling law, jurisdiction, or venue clauses above, then
those clauses do not apply to you. In this event, these Terms
and any action related thereto will be will be governed by the
laws of the United States of America (without reference to conflict
of laws) and, in the absence of federal law and to the extent
permitted under federal law, the laws of the State of New York
(excluding choice of law).
T.3. NO CLASS ACTIONS. EACH USER EXPRESSLY AGREES THAT HE OR SHE
MAY BRING CLAIMS AGAINST FASHION JUNGLE ONLY IN THE USER’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS,
MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE
PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
U.1. Waiver. No clause of these Terms will be
deemed waived and no breach excused unless such waiver or consent
is provided in writing.
U.2. Further Assurances. Each party must do anything necessary (including
executing agreements and documents) to give full effect to these
Terms and the transaction facilitated by it.
U.3. Severability. Any clause of these Terms that is invalid or
unenforceable is ineffective to the extent of the invalidity or
unenforceability without affecting the remaining clauses of these
To contact us with any questions or concerns in connection with
these Terms or the Application, or to provide us with any notice
under these Terms, please contact us at:
Updated: July 1st, 2016