Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
1. Acceptance of Terms
1.2 ItalianFashionSupply.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on March 01, 2013. Posting by ItalianFashionSupply.com of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. An authorized officer of ItalianFashionSupply.com may not otherwise modify except this Agreement in writing.
2. The Service
2.1 The Service will be offered according to membership level for an unspecified time period unless terminated in accordance with the terms of this Agreement.
2.2 ItalianFashionSupply.com may suspend or terminate all or part of the above Free Member Benefits at any time in its sole discretion. ItalianFashionSupply.com reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion.
2.3 Benefits, features and functions available to a Member may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.
2.4 ItalianFashionSupply.com shall issue a Member ID and Password (the latter shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member's business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), will cause irreparable harm to ItalianFashionSupply.com and each Member shall indemnify ItalianFashionSupply.com against any loss or damages (including but not limited to loss of profits) suffered by ItalianFashionSupply.com as a result of such multiple use of an Account. Each Member hereby undertakes to notify ItalianFashionSupply.com immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that ItalianFashionSupply.com shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph.
2.5 ItalianFashionSupply.com reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. ItalianFashionSupply.com further reserves the right to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by ItalianFashionSupply.com.
2.6 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall ItalianFashionSupply.com be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
3. Member Responsibilities
3.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by ItalianFashionSupply.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to ItalianFashionSupply.com to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
3.2 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site shall not:
Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
Be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose;
Infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
Impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
Contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation and listings;
Involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
Involve any scheme to undermine the integrity of the computer systems or networks used by ItalianFashionSupply.com and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
Otherwise create any liability for ItalianFashionSupply.com or its affiliates.
3.3 Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to (a) act as such Member's business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.
3.4 Member shall not take any action that may undermine the integrity of ItalianFashionSupply.com 's feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
3.5 Each Member acknowledges and agrees that ItalianFashionSupply.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. ItalianFashionSupply.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
3.6 Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to ItalianFashionSupply.com or authorizes ItalianFashionSupply.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to ItalianFashionSupply.com or authorizes ItalianFashionSupply.com to display.
4. Transactions between Buyers and Suppliers
4.1 Through the Site, ItalianFashionSupply.com provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. ItalianFashionSupply.com reserves the right to limit certain features and functions of the platform to prescribed Members. Despite the provision of the platform through the Site, ItalianFashionSupply.com does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Site. ItalianFashionSupply.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
4.2 Member agrees to provide all information and materials as may be reasonably required by ItalianFashionSupply.com in connection with its transactions made via the transactional platform on the Site. ItalianFashionSupply.com has the right to suspend or terminate any Member’s Account if the Member fails to provide the required information and materials.
4.3 In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify ItalianFashionSupply.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
5. Use of Discussion Boards on the Site
5.1 ItalianFashionSupply.com provides its Members use of discussion boards on the Site free of charge to promote and encourage open, honest and respectful communication between all of our Members. The discussion boards on the Site shall not be used as a marketing platform by Members and Members shall not post any information relating to trade leads, promotion of their products or their company profile.
5.2 Each Member acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted through a discussion board on the Site, are the sole responsibility of such Member from whom the content originated. This means that the posting Member, and not ItalianFashionSupply.com, is entirely responsible for all content that is uploaded or posted via our discussion boards on the Site. ItalianFashionSupply.com does not control the content posted via discussion boards and therefore does not guarantee the accuracy, integrity or quality of such content.
5.3 ItalianFashionSupply.com reserves the right to delete or edit any postings in its sole discretion without prior notice. ItalianFashionSupply.com may monitor posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion boards on the Site. Under no circumstances will ItalianFashionSupply.com be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards by such Member. Each Member agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. Each Member understands that by using the ItalianFashionSupply.com discussion boards on the Site, such Member may be exposed to content that is offensive, indecent or objectionable.
5.4 Without prejudice to each Member's responsibilities under Clause 3 of this Agreement, each Member agrees not to use the discussion boards on the Site to:
5.4.1 upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
5.4.2 harm minors in any way;
5.4.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
5.4.4 "stalk" or otherwise harass another;
5.4.5 collect or store personal data about other users;
5.4.6 upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
5.4.7 Upload, post or e-mail any content that infringes any intellectual property rights or other legitimate rights of any party;
5.4.8 Upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation;
5.4.9 Upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
5.4.10 violate any applicable national or internal laws or regulations.
5.5 Each Member acknowledges that ItalianFashionSupply.com does not pre-screen content but that ItalianFashionSupply.com shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is posted or uploaded on the discussion boards on the Site.
5.6 Each Member grants to ItalianFashionSupply.com a perpetual, world-wide, royalty-free irrevocable, non-exclusive license (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) such Member uploaded, posted or e-mailed and/or to incorporate such content in other works in any form, media or technology now known or developed.
5.7 Each Member shall indemnify and hold ItalianFashionSupply.com and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such Member uploaded, posted or e-mailed on or through the discussion boards on the Site, such Member's use of the discussion boards on the Site, or such Member's breach of the provisions set out in Clause 5.4.
5.8 On being made aware of any such breaches, ItalianFashionSupply.com may ban, delete or prohibit any content that relates to those breaches or that ItalianFashionSupply.com in its sole discretion consider to be harmful to the public or the rights of ItalianFashionSupply.com or any of its affiliates, licensors, partners or Members.
5.9 ItalianFashionSupply.com reserves the right to take whatever action it deems necessary to prevent a Member's breach of Clause 5.4 including the following:
5.9.1 issue a warning letter to the relevant Member (where the breaches are deemed by ItalianFashionSupply.com to be minor); or
5.9.2 ban the relevant Member from discussion boards on the Site (where the breaches are deemed by ItalianFashionSupply.com to be major). All incidents will be logged and ItalianFashionSupply.com's decision shall be final in all such cases.
5.10 All information and/or other content posted on the Site by the ItalianFashionSupply.com service team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice in such situations.
6. Limitation of Liability
6.1 to the maximum extent permitted by law, the service is provided on an "as is" and "as available" basis, and ItalianFashionSupply.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
6.2 to the maximum extent permitted by law, ItalianFashionSupply.com makes no representations or warranties about the validity, accuracy, reliability, quality, stability, completeness or correctness of any information provided on or through the site.
6.3 Any material downloaded or otherwise obtained through the use of the Service is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from ItalianFashionSupply.com or through or from the Service shall create any warranty not expressly stated in this Agreement.
6.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall ItalianFashionSupply.com and its affiliates be held liable for any such services or products.
6.5 Under no circumstances shall ItalianFashionSupply.com be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
6.6 ItalianFashionSupply.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
The use or the inability to use the Service;
Any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service
Provider through the Site;
Unauthorized access by third parties to data or private information of any Member;
Statements or conduct of any user of the Site; or
Any other matter relating to the Service however arising, including negligence.
6.7 Notwithstanding any of the foregoing provisions, the aggregate liability of ItalianFashionSupply.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Member for all claims arising from the use of the Service or the Site shall be limited to HK$100. The preceding sentence shall not preclude the requirement by the Member to prove actual damages. All claims arising from the use of the Service must be filed within one (1) year from the date the cause of action arose.
7. Intellectual Property Rights
7.1 ItalianFashionSupply.com is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with ItalianFashionSupply.com or its affiliates. All rights not otherwise claimed under this Agreement or by ItalianFashionSupply.com are hereby reserved.
7.2"ItalianFashionSupply.COM" and related icons and logos are registered trademarks or trademarks or service marks of Mario Group Holding Limited, and related icons and logos are registered trademarks or trademarks or service marks of ItalianFashionSupply.com Limited in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
8.2 ItalianFashionSupply.com and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
8.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
8.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
8.5 ItalianFashionSupply.com's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive ItalianFashionSupply.com's right to act with respect with subsequent or similar breaches.
8.6 ItalianFashionSupply.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of ItalianFashionSupply.com). The Member may not assign, in whole or part, this Agreement to any person or entity.
8.7 This Agreement shall be governed by the laws of the Italy without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Hong Kong.
8.8 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.
The Information We Collect
Registration Information: At the time you register to become a Registered User of the Site, you will be asked to complete a registration form which requires you to provide information such as your name, address, phone/fax number, email address and other personal information as well as information about your business ("Registration Information.")
Publishing Information: If you submit any information to ItalianFashionSupply.com to be published on the Site through the publishing tools, including but not limited to Company Profile, Product Catalog, Trade Leads, Profile and any discussion forum, then you are deemed to have given consent to the publication of such information so long as they do not pertain to personal information ("Publishing Information").
Buyer Information: we record and retain records of buying and browsing activities on our platform including but not limited to IP addresses, browsing patterns, buyer behavioral patterns, buyer contact details, buyer profiles and so forth (“Buyer Information”).
Payment Information: If you establish a credit account with us or our providers or if you purchase a product or service from ItalianFashionSupply.com or other Registered Users of the Site or other vendors available through the Sites, we may collect additional information, including billing information, credit card numbers and expiration dates and tracking information from cheques or money orders ("Payment Information").
Account Activities Information: We record and retain the records of your Account activities when you use the ItalianFashionSupply.com services. If you make sale and purchase transactions online through ItalianFashionSupply.com’s web-based transaction platform including paypal services, we also collect information related to such transactions including the types and specifications of the goods, pricing and delivery information, any trade dispute records (“Account Activities Information”).
Statistical Information: In addition, we gather statistical information about our Site and Users, such as IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions, unique visitors and so forth ("Statistical Information")
Marketing Information: From time to time, we gather information about our Users and prospective users during trade shows, marketing events and other functions for follow up marketing purposes (“Marketing Information”).
Personal Information: From time to time, our corporate Users may disclose personal data deliberately or inadvertently including without limitation to personal identifiers such as name, email addresses, telephone number, facsimile number and IP address of individuals in the course of using the Site (“Personal Information”).
How We May Use Information
Registration Information: We may use your Registration Information to provide services that you request or to contact you regarding additional services about which ItalianFashionSupply.com determines that you might be interested. Specifically, we may use your email address, mailing address, phone number, mobile number or fax number to contact you regarding notices, surveys, product alerts, new service or product offerings and communications relevant to your use of our Site. We may generate reports and analysis based on the Registration Information for internal analysis, monitoring and marketing decisions.
Publishing Information: All of your Publishing Information will be publicly available on the Site and therefore accessible by any Internet user. Any Publishing Information that you disclose to ItalianFashionSupply.com becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyrights) in such information. You should exercise caution when deciding to include personal or proprietary information in the Publishing Information that you submit to us.
Payment Information: ItalianFashionSupply.com will share your Payment Information with banks or vendors relevant to the transaction in order to enable transactions to be completed. In addition, ItalianFashionSupply.com may use Payment Information to determine your credit-worthiness and, in the process of such determination, ItalianFashionSupply.com may make such Payment Information available to banks or credit agencies. While ItalianFashionSupply.com has in place up-to-date technology and internal procedures to guard your Payment Information against intruders, there is no guarantee that such technology or procedure can eliminate all of the risks of theft, loss or misuse. ItalianFashionSupply.com shall not be liable to you or any other person for any damages that might result from unauthorized use, publication, disclosure or any other misuse of Payment Information, including credit card information.
Account Activities Information: We use Account Activities Information to provide the services that you request. We may also generate reports, statistics and analysis based on Account Activities Information to enhance and improve our Site and services. We may also use Account Activities Information to determine your credit-worthiness.
Statistical Information: We use Statistical Information to help diagnose problems with and maintain our computer servers, to manage our Site, and to enhance our Site and services based on the usage pattern data we receive. We may generate reports and analysis based on the Statistical Information for internal analysis, monitoring and marketing decisions. We may provide Statistical Information to third parties, but when we do so, we do not provide personally identifying information without your permission.
Buyer Information: We use Buyer Information to provide value-added services to our members including without limitation to providing buying pattern and buying behavioral data to our members to facilitate marketing initiatives and decision-making.
Personal Information: We facilitate electronic commerce between businesses and our services should not be used by individual consumers or for personal use. Should Personal Information be disclosed for business purposes in the course of using our Site and services, such Personal Information may be used to provide value-added services to our members to facilitate including without limitation marketing initiatives and contacts. Uses of any Personal Information by any of our members are subject to privacy laws in the respective jurisdictions of our members. Each of our members is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same. Each of our members is expressly prohibited from using any Personal Information for illegal activities including without limitation to spamming.
Disclosure of Information
We may publish records of complaints and any penalties, actions or proceedings against Members. We further reserve the right to disclose your Collected Information to relevant authorities where we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be infringing or threatening to infringe, or who may otherwise be causing injury to or interference with, the title, rights, interests or property of ItalianFashionSupply.com, our Users, customers, partners, other web site users or anyone else who could be harmed by such activities.
We also reserve the right to disclose Collected Information in response to a subpoena or other judicial order or when we reasonably believe that law, regulation or administrative order of any court, governmental or regulatory authority, requires such disclosure.
You can determine if and how a cookie will be accepted by configuring your browser's which is installed in the computer you are using to access the Site. If you desire, you can change those configurations in your browser. By setting your preferences in the browser, you can accept all cookies, you can be notified when a cookie is sent, or you can reject all cookies. If you reject all cookies by choosing the cookie-disabling function in your browser, you may be required to re-enter your information on our Site more often and certain features of our Site may be unavailable.
We employ commercially reasonable security methods to prevent unauthorized access, maintain data accuracy and ensure correct use of information.
As a Registered User, your Registration Information, Publishing Information and Payment Information (if any) can be viewed and edited through your Account, which is protected by Password. We recommend that you do not divulge your Password to anyone. Our personnel will never ask you for your Password in an unsolicited phone call or in an unsolicited e-mail. If you share a computer with others, you should not choose to save your login information (e.g., User ID and Password) on the computer. Remember to sign out of your Account and close your browser window when you have finished your session.
No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secured. As a result, while we try to protect your information, no web site or company, including ourselves, can absolutely ensure or guarantee the security of any information you transmit to us and you do so at your own risk.
Accessing and Correcting Your Information
You can access, view and edit your Registration Information, Publishing Information and Payment Information (if any) through your Account with ItalianFashionSupply.com.