By accessing or using any part of HauteRobe Website (as defined below) or HauteRobe Services, User (as defined below) is deemed to have understood, accepted and agreed to be bound by the latest current version of HauteRobe Terms. If User does not agree with any of HauteRobe Terms, User must immediately cease to use HauteRobe website and HauteRobe Services altogether.
1. Terms and Expressions
1.1 In these HauteRobe Terms, the following terms and expressions shall have the meanings set out opposite them respectively as follows:
“Buyer” User who buys, proposes to buy or is interested in buying any Item;
“Haute Service” the service offered by HauteRobe as part of HauteRobe Services, and whereby Seller consigns any Item to HauteRobe for sale by HauteRobe on Seller’s behalf, in accordance with the applicable practices, arrangements and rules as stipulated in HauteRobe Rules;
“HauteRobe Rules” the applicable practices, policies, prescriptions, guidelines and other information relating to operational, technical and administrative matters affecting HauteRobe Services, including information on the available range of HauteRobe Services and prescribed forms, procedures and timelines for the sale and purchase of Items, contained in such manual/s, publication/s and/or notice/s as issued by HauteRobe from time to time whether at HauteRobe Website or otherwise (including all updates and amendments thereto);
“HauteRobe Services” services made available by HauteRobe as described and within the scope stated in paragraph 3.1 below;
“HauteRobe Terms” the meaning given to it in the opening paragraph above;
“HauteRobe Website” HauteRobe’s website located at [insert URL of HauteRobe Website];
“Item” a product which is offered for sale or sold by Seller, or which is offered to be or bought by a Buyer, via HauteRobe Website or otherwise arising from the use or availability of HauteRobe Services;
“Listing” an offer to sell (or an invitation for an offer to be made to buy) an Item, as submitted by Seller, for publication or as published at HauteRobe Website;
“person” any natural person or legal entity;
“Seller” User who sells, proposes to sell or is interested in selling any Item;
“User” a person who is effectively registered with HauteRobe in accordance with HauteRobe’s prescribed requirements, for the use of HauteRobe Services;
“User Account” the unique account assigned to User by HauteRobe for the use of HauteRobe Website and HauteRobe Services;
“User Content” any and all information, images and/or other materials, including as contained in any Listing, which User may be required or permitted to provide, post or publish in connection with her use of HauteRobe Website and/or HauteRobe Services, or which HauteRobe may otherwise collect arising from such use, whether or not with User’s knowledge.
1.2 References in HauteRobe Terms to any word:
1.2.1 importing a gender shall be construed in any other gender as the context requires; or
1.2.2 denoting the plural shall be construed accordingly based on the definition herein of such word in the singular; or
1.2.3 denoting the singular shall be construed as denoting the plural or vice versa as the context requires.
1.3 Title headings in and the arrangement and division of provisions into numbered paragraphs in HauteRobe Terms shall have no significance in the interpretation of the substantive terms thereof.
2. HauteRobe Terms
2.1 HauteRobe Terms shall include such additional policies, practices and terms as may be incorporated by reference, stated elsewhere at HauteRobe Website or otherwise published by HauteRobe, to apply to the use of all or some HauteRobe Services, and for the avoidance of doubt shall include HauteRobe Rules.
2.2 HauteRobe may amend HauteRobe Terms without prior notice and without liability at any time.
2.3 User is expected to keep updated on the latest current version of HauteRobe Terms, which User shall be deemed to have understood and accepted and agrees to be bound by and comply with from the effective date thereof as stipulated by HauteRobe.
3. HauteRobe Services
3.1 Purpose and Scope
HauteRobe Services as described in HauteRobe Rules and provided primarily through HauteRobe Website are designed to facilitate the sale and purchase of Items including new and pre-owned luxury fashion items such as designer clothing, handbags shoes and accessories by and between Users.
3.2 Registration and User Account
3.2.1 To use HauteRobe Services, User shall have submitted all requisite information to HauteRobe for registration of a User Account with HauteRobe, in connection with which User represents, warrants and undertakes to HauteRobe that at all material times and throughout the period of User’s use of HauteRobe Services:
(i) all information so submitted by User for purposes of such registration shall be and shall remain truthful, accurate, complete, current and kept updated;
(ii) User has and shall have full legal capacity and authority to enter into and perform the User Terms; and
(iii) User shall be responsible for ensuring the confidentiality and security of her username, password and other login identification in connection with and for all activities under her User Account and HauteRobe will not be held accountable or liable for any loss, damage or other consequences arising from User’s failure to comply with this obligation.
3.2.2 HauteRobe reserves the right to:
(i) process, review and verify in such manner as it deems appropriate, any and all information submitted for purposes of registering a User Account; or
(ii) reject the proposed registration or refuse to register any User Account or disallow any person from being registered as User without assigning any reasons or explanation for the same; or
(iii) allow the registration of a User Account on such terms and/or for such duration as HauteRobe may determine.
3.2.3 If User wishes to cancel her User Account and cease using HauteRobe Services, User shall:
(i) give to HauteRobe at least one month’s prior written notice of such cancellation; and
(ii) comply with all necessary procedures stipulated in HauteRobe Rules and/or otherwise stated by HauteRobe to effect such cancellation and cessation.
3.3 Permitted Use
User agrees and undertakes that her use of HauteRobe Services shall:
3.3.1 be subject to HauteRobe Terms, which User undertakes to comply with and abide by, including all practices, policies, arrangements and rules as stipulated in HauteRobe Rules;
3.3.2 be authorised only for the purposes, all being lawful and legitimate purposes, and only in the manner as they are intended; and
3.3.3 not violate any applicable law or regulations nor her legal obligations to any other parties.
3.4 Prohibited Use
Without prejudice to nor limiting the generality of any other provisions of HauteRobe Terms, User shall NOT:
3.4.1 use HauteRobe Services, HauteRobe Website or her User Account –
(i) for any purposes other than those for which they are intended,
(ii) for any illegal or unauthorized purpose;
(iii) in any manner which is a violation of any legal obligations to which User is bound;
(iv) to harass or otherwise abuse other Users;
(v) to harvest, collect or solicit personal information or passwords, email addresses or other information of other Users or third parties by electronic or other means;
(vi) to send unsolicited emails or other unsolicited communications to other Users or third parties; or
(vii) in any manner that could damage, disable, overburden or impair HauteRobe Website or HauteRobe Services;
3.4.2 conduct or attempt to conduct any transaction in respect of any Item other than by using or otherwise bypassing the use of HauteRobe Website or HauteRobe Services;
3.4.3 use any automated software (such as harvesting bots, scripts, robots, spiders, scrapers or any other unauthorised third party software designed to access, crawl or collect data) to collect information via, or undermine the security of or otherwise interact in an unauthorised manner with HauteRobe Website or HauteRobe Services;
3.4.4 apply to register -
(i) more than one User Account in her own name howsoever such name is presented and whether under any pseudonym or otherwise; or
(ii) any User Account on behalf of any other person;
3.4.5 use or attempt to use any other party's User Account or perform any transaction using HauteRobe Website or HauteRobe Services without proper authorization;
3.4.6 create a false identity or impersonate any person or entity, or falsely state or otherwise misrepresent to HauteRobe or any other User, any matter or information about herself provided to or based on information obtained from HauteRobe Website or through use of HauteRobe Services;
3.4.7 upload, post, transmit, share or otherwise make available or unlawfully collect, mine or harvest at or through HauteRobe Website or HauteRobe Services, any –
(i) unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(ii) private information of any User or third party, including her address, phone number or email address or Items;
(iii) material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of HauteRobe website, any computer software, hardware or telecommunications equipment;
(iv) content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or which may intimidate or harass another;
(v) content that, in the sole judgment of HauteRobe, is objectionable or otherwise restricts or inhibits any other person from using or enjoying HauteRobe Website or HauteRobe Services, or which may expose HauteRobe or any other Users to any harm or liability of any type; or
(vi) content that HauteRobe deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
4. Reservation of Rights
4.1 Availability and Access
HauteRobe Website and HauteRobe Services are made available for convenience only. HauteRobe shall not be under any obligation to maintain HauteRobe Website or provide HauteRobe Services in any particular manner or for any particular period or at all nor be held responsible for any:
4.1.1 reliance placed on the availability of HauteRobe Services; or
4.1.2 termination or suspension of HauteRobe Website or any HauteRobe Services for any reason at any time, with or without notice by HauteRobe.
4.2 Other Action
HauteRobe is not obliged to review but may at any time and reserves the right, with or without prior notice, and whether for the purposes of updating, upgrading or system maintenance or on account of any material, service, conduct or action determined or reasonably apprehended by HauteRobe as violating HauteRobe Terms or damaging to, compromising or undermining the reputation or perception of HauteRobe or HauteRobe Services, or being or potentially being offensive, infringing of any intellectual property rights, illegal or harming, threatening or violating the rights, safety or interest of Users or others:
4.2.1 monitor, screen, investigate, censor or reject any activity, content or material appearing on HauteRobe Website;
4.2.2 suspend, stop or prevent any transaction taking place or about to take place via HauteRobe Website or the use of HauteRobe Services;
4.2.3 modify, delete, remove, edit or withdraw any part or all of HauteRobe Website or HauteRobe Services, including any material or content posted by User; or
4.2.4 suspend, stop, terminate or prevent access to any part or all of HauteRobe Website or HauteRobe Services in relation to any one or more Users, whether or not temporarily;
4.2.5 suspend or terminate the User Account and deny use of or access to the User Account, HauteRobe Services and HauteRobe Website for any reason as HauteRobe deems appropriate, including if HauteRobe determines or has reason to believe that any representation, warranty or information provided by User is untrue or inaccurate or that any of the HauteRobe Terms have been breached by User; and/or
4.2.6 take such action or decision as HauteRobe finds, in its discretion, to be necessary, appropriate or desirable in connection with its management and/or operation of HauteRobe Website and/or the provision of HauteRobe Services.
5. Fees and Payments
5.1 Buyer shall remit payment due to Seller for all each and every purchase of an Item to HauteRobe:
5.1.1 at such time and in such manner as specified in HauteRobe Rules, and/or as may be otherwise stipulated by HauteRobe; and
5.1.2 only using such payment process, facilities and account as available and which Buyer is authorised to use.
5.2 HauteRobe shall be entitled to:
5.2.1 hold such payment due to Seller in escrow until Seller’s fulfillment of such condition/s as stipulated in HauteRobe Rules and/or as may be otherwise stipulated by HauteRobe for the release of such payment;
5.2.2 charge to Seller and deduct from the payment remitted to HauteRobe by Buyer for each Item successfully sold, a commission at such flat fee or a percentage of the purchase price of the Item as stipulated in HauteRobe Rules or as may be otherwise stipulated by HauteRobe; and
5.2.3 release payment (less said deduction) to Seller in the form of store credits for use at HauteRobe Website rather than in the form of real currency, unless requested otherwise by Seller.
5.3 Where any other fees are required to be paid by User to HauteRobe in relation to HauteRobe Serivces, such payments shall be:
5.3.1 made by User –
(i) in such amount and manner as stipulated in HauteRobe Rules or otherwise specified by HauteRobe;
(ii) at such time required by HauteRobe, which may be in advance of the use of HauteRobe Services for which payment is required; and
(iii) only using such payment process, facilities and account as available and which User is authorised to use;
5.3.2 non-refundable under any and all circumstances, including on account of non-use or partial use of such HauteRobe services, unless otherwise stated by HauteRobe;
5.3.3 made in full and in addition to any applicable goods and services tax; and
5.3.4 free and clear of any deductions, set-off or claims, whether on account of any taxes, levies or duties imposed by the relevant authority, for which User shall be responsible for paying.
5.4 User agrees, undertakes and acknowledges that:
5.4.1 she shall not carry out or omit any action to avoid or with the intention of avoiding any payments required to be made to HauteRobe; and
5.4.2 any action, omission or conspiracy by User, whether in conjunction with any other person or otherwise, that encourages, solicits or attempts to effect or cause complete or partial payment for any Item outside of or bypassing HauteRobe Website shall be a violation of HauteRobe Terms which entitles HauteRobe to terminate the transactions relating to such Item and/or remove such Item from HauteRobe Website;
5.4.3 where User makes or remits payment using the services or infrastructure of a third party payment intermediary, payment gateway or other payment service provider, HauteRobe shall not be responsible for any -
(i) authorisation checks or verification procedures to which HauteRobe may be subject in connection with such payment process;
(ii) any rejection, delay, failure or error in relation to such payment process; or
(iii) the consequence arising from any of the aforesaid; and
5.4.4 where User makes or remits payment using any payment process, facilities and/or account which she is not authorised to use, whether fraudulently or otherwise, User shall be solely responsible for and indemnify and keep HauteRobe harmless from and against any and all consequences arising therefrom.
6. Own Risk and Investigations
6.1 User agrees, acknowledges and accepts that:
6.1.1 User’s use of and/or reliance on any information obtained through HauteRobe Website and/or HauteRobe Services shall be strictly and entirely at her own risk;
6.1.2 HauteRobe is not obliged to and may not conduct any investigations, checks or due diligence into the background of any other User with whom the first-mentioned User interacts through use of HauteRobe Website or HauteRobe Services;
6.1.3 HauteRobe assumes no responsibility whatsoever as to the accuracy, completeness or authenticity of any information of or provided by any other User, nor as to the success or failure of any resulting transactions, discussions or negotiations with any such other User;
6.1.4 User is strongly advised to make every effort to –
(i) check and verify the credentials, reputation and/or financial background of any other User who makes contact with her through HauteRobe Website and if in doubt, to consult professional advisors on the same; and
(ii) undertake her own checks of and review all available descriptions, photographs or other information of any Item that User wishes or intends to purchase and clarify any doubts and questions with the Seller of such Item.
6.2 User shall not, under any circumstances, seek to claim or hold HauteRobe responsible or liable in any way for any activity or transaction User undertakes or enters into, whether or not in relation to the purchase or sale of any Item and whether with any other User or otherwise, or for any reliance User places on any information obtained through use of or as may be facilitated by HauteRobe Website or HauteRobe Services.
7. User Content
7.1.1 User acknowledges and agrees that User Content may be viewed or relied upon by HauteRobe or other Users or third parties, and further undertakes to ensure and represents and warrants that any User Content which User provides to HauteRobe:
(i) is current and not misleading, not deceptive and not inaccurate in any way or at any time;
(ii) is duly authorized to post or publish at or through HauteRobe Website;
(iii) does not violate any applicable laws;
(iv) does not infringe the intellectual property, confidentiality or other rights of any third party including any current or previous employer;
(v) does not contain illegal, defamatory, libelous, offensive, pornographic or obscene materials or promote sexually explicit materials; and
(vi) does not contain or will not import any viruses or other disabling devices which may interfere, damage, surreptitiously intercept, access or expropriate any system, data or information of HauteRobe or any other Users.
7.1.2 HauteRobe reserves and User agrees that HauteRobe shall have the right (but shall not be obliged) to reject, remove, block or edit any User Content which it finds in its discretion or is informed to contravene the above or other requirements of HauteRobe Terms or to be otherwise unsuitable or inappropriate and without prior or any notification or explanation to User.
7.2 Grant of Licence
7.2.1 authorises HauteRobe to reproduce and make such copies of her User Content as HauteRobe requires to enable the posting, publication and/or storage of the same at or for the purposes of HauteRobe Website and/or HauteRobe Services; and
7.2.2 grants to HauteRobe a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty free licence to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), distribute and/or prepare derivative works of any of her User Content and/or sublicense any of the aforesaid rights for any commercial or non-commerical purpose as HauteRobe deems appropriate including but not limited to:
(i) planning, research and/or development purposes and/or marketing of products and services;
(iii) communicating with or sending promotional or other materials to the first-mentioned User or other Users which HauteRobe considers may be of interest to it or them or are otherwise related to HauteRobe Services;
(iv) disclosure to other governmental agencies and bodies; and/or
(v) compliance with any applicable law, or order or direction or court or other competent authority; and
7.2.3 warrants, represents and undertakes to HauteRobe that she is duly authorised and has full legal capacity to grant the aforesaid authorization and licence to HauteRobe.
7.3.1 User shall be solely responsible for and shall keep HauteRobe harmless from and against any liability, loss, claim, action or proceedings arising from User Content that User provides to HauteRobe or uploads, posts, publishes or displays at or through HauteRobe Website or HauteRobe Services.
7.3.2 User acknowledges and agrees that:
(i) User Content from other Users and third parties may be made available to User through HauteRobe Website or HauteRobe Services; and
(ii) such User Content –
(a) is not under the control of HauteRobe; and
(b) HauteRobe shall not be responsible for under any circumstances.
7.3.3 HauteRobe shall not be responsible and disclaims all liability for and shall further not be in any way involved in any:
(i) action taken or transaction effected under her User Account whether or not authorised by User;
(ii) interaction, communication or transaction between User and any other User or third party, whether or not through use of HauteRobe Website or HauteRobe Services;
(ii) User’s or third party's use or disclosure of information about or relating to HauteRobe Website or HauteRobe Services; or
(iii) conduct, whether online or offline, of any User or any information, content, material, software, system or facility posted, made available or represented by any other User or third party through HauteRobe Website or encountered in the use of HauteRobe Services.
8. Items and Listings
8.1 Administration and Management
HauteRobe reserves the right, in its management of HauteRobe Website, and User acknowledges and agrees that HauteRobe may and further that User shall be bound and shall abide by any action or decision of HauteRobe to:
8.1.1 divide, arrange and present Items and Listings under various respective sections corresponding to the categories of Items and Listings available or otherwise as determined by HauteRobe to be appropriate or desirable; and
8.1.2 publish any Listing submitted by Seller or accept any Item for sale via Haute Service, whether by reason of such Listing or Item not meeting the required or appropriate specifications or does not comply with HauteRobe Terms, as HauteRobe determines in its sole discretion, or otherwise.
8.2 Modification and Re-Presentation of Contents
HauteRobe reserves the right to, and User agrees and accepts that:
8.2.1 HauteRobe may modify, or re-present the contents and/or other information submitted by Seller in any Listing into another form, format or style as HauteRobe determines for publication on HauteRobe Website, which Seller shall be bound by;
8.2.2 it shall be Seller’s responsibility to –
(i) verify and ensure that any such modification or re-presentation accurately reflect Seller’s intentions and the original contents and/or information submitted by Seller in such Listing; and
(ii) notify HauteRobe in writing of any inaccuracy or misleading information cause by such modification or re-presentation;
8.2.3 any such modification or re-presentation of the said contents or other information shall not in any way make HauteRobe responsible nor cause HauteRobe to be liable for any claims, losses, damages, costs and/or expenses arising from any alleged or actual inaccuracy or error in the said modification or re-presentation.
8.3 Authority, Accuracy and Undertaking
Without prejudice to the generality of the provisions of paragraph 7 above, Seller represents, warrants and undertakes to HauteRobe that with respect to every Listing or Item she submits to HauteRobe for publication at HauteRobe Website or sale via the Haute Service respectively:
8.3.1 the Item described in such Listing or submitted to HauteRobe, as the case may be, shall be authentic, in good merchantable condition and comply with all other requirements stipulated in HauteRobe Rules or as otherwise specified by HauteRobe;
8.3.2 all information provided by Seller to HauteRobe in relation to such Listing or Item shall be truthful, accurate and current and comply with all other requirements stipulated in HauteRobe Rules or as otherwise specified by HauteRobe;
8.3.3 Seller is duly authorised to and possesses all requisite rights and title to offer for sale, sell and pass good, valid and effective legal and equitable title in the Item described in such Listing or submitted to HauteRobe, as the case may be;
8.3.4 the Item described in such Listing or submitted to HauteRobe, as the case may be, and User’s sale or offer for sale of such Item –
(i) is genuine and not an imitation or knock-off of the brand under which it is described and offered for sale;
(ii) does not infringe the intellectual property or other rights of any third party; and
(iii) is not restricted in any manner under any applicable laws or regulations;
8.3.5 User shall immediately inform HauteRobe and cease using HauteRobe Services to publish any Listing or sell or offer for sale any Item which she knows or has reason to believe or should reasonably know
(i) does not meet the required or appropriate specifications or does not otherwise comply with HauteRobe Terms; or
(ii) poses any credible or reasonable threat of legal proceedings arising from the Listing or the sale or offer for sale of the Item, as the case may be.
9. Legal Relations and Contracts
9.1 For the avoidance of doubt and subject to paragraph 9.5 below, HauteRobe shall not under any circumstances be or be deemed a:
9.1.1 party to or otherwise involved in any sale-and-purchase transaction or legal relations arising between or among any two or more Users; nor
9.1.2 supplier, seller, purchaser or buyer of any Item,
whether or not HauteRobe is involved in the physical delivery, consignment or possession of the Item at any stage of the transaction in question.
9.2 Whether legal relations have been formed, a binding contract exists, or legal rights and/or obligations subsist between or among any two or more Users who interact, communicate or transact through or pursuant to the use of HauteRobe Website or HauteRobe Services may be determined with reference to HauteRobe Rules or otherwise depend on, inter alia:
9.2.1 the legal significance of the communication engaged by the parties in question; and
9.2.2 the operation of the applicable law to the prevailing circumstances.
9.3 If User is in doubt as to the existence of legal relations arising between or among herself and any other User, the first-mentioned User is encouraged to seek independent professional advice.
9.4 Risks to Items
User agrees and acknowledges that where she contracts for HauteRobe’s provision of delivery and/or collection services in relation to an Item, whether or not in conjunction with Haute Service:
9.4.1 HauteRobe shall be entitled to arrange for a third party service provider to carry out the physical delivery and/or collection of Items, on terms as agreed between HauteRobe and such third party;
9.4.2 in carrying out such physical delivery and/or collection of items, such third party service provider shall not be deemed to be acting as agent of HauteRobe, and HauteRobe bears no responsibility for the acts and omissions of such third party service provider;
9.4.3 User shall bear all risks of loss or and/or damage to such Item at all times –
(i)until and unless HauteRobe takes delivery of and assumes physical possession of the Item from User or such third party service provider; or, as the case may be
(ii)upon HauteRobe effecting delivery of and passing physical possession of the Item to User or such third party service provider; and
9.4.4 User is at liberty, at her own cost, to insure the Item against any and all such risks, including for the period while the Item is in transit or in custody or possession of any third party service provider for whom HauteRobe bears no responsibility.
9.5 Haute Service
In the provision of Haute Service, HauteRobe shall be deemed to act as agent for and on behalf of Seller, in connection with which:
9.5.1Seller appoints HauteRobe as such agent to do such acts and take such actions as HauteRobe determines to be necessary or appropriate to market, promote, offer for sale and/or sell on behalf of Seller such Item/s as are consigned by Seller to HauteRobe under Haute Service;
9.5.2Seller authorises and ratifies all acts and omissions of HauteRobe in marketing, promoting, offering for sale and/or selling such Item/s as if Seller herself had done them;
9.5.3Seller agrees, acknowledges and accepts that HauteRobe gives no assurance of any demand for or that any one or more Item/s consigned to HauteRobe will be sold by or within any period or at all; and
9.5.4each of Seller and Buyer agrees, acknowledges and accepts that HauteRobe shall not be construed nor deemed to have, under any circumstances, separately or independently entered into, undertaken, authorised, abetted or aided in any sale-and-purchase transaction, action or activity.
10. Intellectual Property Rights
10.1 All copyright, trade marks and other intellectual property rights comprised or subsisting in the information, text, graphics, logos, design, layout, scripts, software, technology, music, sound, photographs, images, search engines and/or any other materials or works used on, contained in or used in connection with HauteRobe Website and/or HauteRobe Services (collectively "HauteRobe Materials") are the sole and exclusive property of HauteRobe and/or its licensors, and shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way whether in whole or in part, without prior written consent of HauteRobe.
10.2 Subject to compliance with HauteRobe Terms, User is permitted (at her own risk) to download and print the HauteRobe Materials (whether or not including any User Content) for personal reference and non-public and non-commercial use only. Other than such limited permission, User shall not use, make public reference to, create derivative works from, reproduce, reverse compile, adapt, modify, distribute, commercially exploit, display, broadcast, link or transmit in any manner or by any means or store in any information retrieval system any part of HauteRobe Website or the HauteRobe Materials without prior written consent of HauteRobe.
10.3 User must not upload, post or disseminate any material that infringes the copyright, trade mark or other intellectual property rights of HauteRobe or any third party. Without prejudice to the aforesaid, User shall and agrees to indemnify HauteRobe against all claims, costs, losses, expenses or damages howsoever arising, whether direct, indirect or consequential (including without limitation, lawyers’ fees) made against or incurred or suffered by HauteRobe and resulting directly or indirectly from any claim that the content of any material uploaded, posted or disseminated by User onto HauteRobe Website infringes the copyright, trade mark or other intellectual property rights of any third party.
11. Third Party Products, Services and Websites
11.1 Other Products, Services and Brands
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise found at HauteRobe Website does not constitute nor imply endorsement, sponsorship or recommendation thereof by or any affiliation with HauteRobe.
11.2 Other Websites
11.2.1 Any third party websites operated by or under the control of parties other than HauteRobe (“Other Websites”) linked to HauteRobe Website by hyper-linking, deep-linking or otherwise, are so linked for convenience and ease of reference only. HauteRobe does not represent nor intend for such links to be referrals, recommendations or endorsements of such Other Websites, the use of which may be governed by separate terms and conditions, or the parties operating them.
11.2.2 User acknowledges and agrees that:
(i) HauteRobe –
(a) has no control over the parties operating the Other Websites;
(b) does not contribute nor assume any responsibility for the Other Websites or the information contained in or services or facilities offered or made available at the Other Websites;
(c) shall not be liable for any loss, damage, cost or expense incurred by User arising from or for any reliance placed on or the use of any information, services or facilities provided at the Other Websites; and
(ii) User’s access to, use of or reliance on the content of the Other Websites shall be entirely at her own risk.
12. General Indemnity, Exclusions and Limitations
12.1 Lawful Use
In using HauteRobe Website and/or HauteRobe Services, User undertakes that she will at all times act lawfully, so that in the event that her use of HauteRobe Website and/or HauteRobe Services contravenes any applicable law (whether criminal or civil) or contravenes HauteRobe Terms and/or results in HauteRobe suffering any claims, losses, damages, costs or expenses howsoever arising whether direct, indirect or consequential, User shall and agrees to indemnify HauteRobe against all such claims, losses, damages, costs or expenses (including without limitation, lawyer’s fees incurred to seek legal advice on or to defend or protect HauteRobe in respect thereof).
12.2 “As Is, As Available” Provision
HAUTEROBE WEBSITE AND HAUTEROBE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. HAUTEROBE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, ACCURACY, AVAILABILITY, NON-INFRINGEMENT OR IMPLIED WARRANTIES FROM COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
12.3 Exclusions of Liability and Responsibility
USER ACCEPTS AND AGREES THAT EACH OF HAUTEROBE AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS:
12.3.1 DOES NOT GUARANTEE UNINTERRUPTED, CONTINUED OR SECURE ACCESS TO HAUTEROBE website OR HAUTEROBE SERVICES;
12.3.2 SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES IF HAUTEROBE WEBSITE OR ANY OF HAUTEROBE SERVICES BECOMES UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD OF TIME, WHETHER OR NOT SUCH UNAVAILABILITY IS DUE SUBSTANTIALLY TO MATTERS BEYOND HAUTEROBE’s REASONABLE CONTROL;
12.3.3 DOES NOT GUARANTEE THAT hauterobe website OR hauterobe SERVICES WILL BE ERROR FREE OR FREE FROM COMPUTER VIRUS OR OTHER INVASIVE OR DAMAGING CODE OR THAT USE OF hauterobe website OR hauterobe SERVICES WILL YIELD OR PROVIDE ANY SPECIFIC RESULTS;
12.3.4 IS NOT OBLIGED TO AND may NOT CONDUCT ANY INVESTIGATIONS, CHECKS OR DUE DILIGENCE INTO ANY USER OR OTHER THIRD PARTY ADVERTISING ON HAUTEROBE WEBSITE AND SHALL NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY WHATSOEVER, FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES HOWSOEVER ARISING WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL IN RESPECT OF ANY INFORMATION, OPINION OR ADVICE CONTAINED WITHIN HAUTEROBE WEBSITE;
12.3.5 DOES NOT ASSUME RESPONSIBIILTY FOR AND EXCLUDES AND DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY FOR ANY –
(i) INACCURACY, ERROR, misdescription or omission in ANY User content or other INFORMATION APPEARING AT hauterobe website;
(ii) DAMAGES, WHETHER GENERAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST OR INTERRUPTED BUSINESS, LOST USE OR LOST OPPORTUNITY, HOWSOEVER ARISING INCLUDING IN CONSEQUENCE OF USE OF OR RELIANCE PLACED ON hauterobe website AND/OR hauterobe SERVICES, AND WHETHER IN CONTRACT, TORT OR OTHERWISE;
(iii) DELAY, FAILURE OR INABILITY TO GAIN ACCESS TO OR USE hauterobe website AND/OR hauterobe SERVICES DUE TO ANY REASON WHATSOEVER;
(iv) OTHER RIGHT, REMEDY OR OBLIGATION OTHER THAN LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY hauterobe's NEGLIGENCE;
(v) LOSS OF ELECTRONIC OR PHYSICAL DATA WHETHER AS A RESULT OF MALICIOUS COMPUTER VIRUSES OR OTHERWISE, INCLUDING ANY User CONTENT, FOR WHICH User SHALL BE RESPONSIBLE FOR MAKING BACK-UP COPIES OF AS User MAY REQUIRE; AND
12.3.6 excludeS all risks of DELAYS, loss, damages, costs and other consequences arising directly or indirectly from User using hauterobe website or hauterobe SERVICES, including as caused by any third party providing postal, shipping, delivery or other logistical services.
12.4 Exclusive Remedy
without prejudice to the exclusions in paragraph 12.3, User’s EXCLUSIVE REMEDY AND HAUTEROBE’s MAXIMUM LIABILITY TO User for any claim by User in relation to HAUTEROBE WEBSITE AND/OR HAUTEROBE services, whether in contract, tort or otherwise, SHALL, IN ANY EVENT, BE limited to:
12.4.1 A REFUND TO User OF any amounts actually paid by User to hauterobe in respect of the item to which the said claim relates, if any; or
12.4.2 if user has not paid any amounts to hauterobe FOR such item, THEN THE AMOUNT WHICH IS THE INTENDED RETAIL PRICE OF THE ITEM AS DETERMINED BY HAUTEROBE, SUBJECT TO A MAXIMUM OF SGD500.
If any provision of HauteRobe Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of HauteRobe Terms, which shall remain in full force and effect.
13.2 Successors and Assigns
HauteRobe Terms shall be binding upon and shall extend and apply to the benefit of the successors and permitted assigns of HauteRobe.
13.3 Force Majeure
HauteRobe shall not be held responsible for any act or cause beyond its reasonable control, including but not limited to acts of God, strikes, lockouts, equipment or system failures, power failures, act of terrorism, act of mischief, inclement weather and other disasters.
13.4 Governing Law and Jurisdiction
13.4.1 HauteRobe Terms and use of HauteRobe Website and HauteRobe Services shall be governed by and construed in accordance with the laws of Singapore.
13.4.2 User shall be responsible for ensuring compliance with all applicable laws including any laws to which User may be subject and shall not access or use HauteRobe Website and HauteRobe Services from any location outside of Singapore where this is not permitted or would otherwise be unlawful.
13.4.3 User irrevocably agrees to submit to the exclusive jurisdiction of the Courts of Singapore in respect of any matter or dispute involving HauteRobe and/or arising in connection with HauteRobe Terms and/or use of HauteRobe Website and/or HauteRobe Services.
Without prejudice to the designated representative of HauteRobe for notices of claimed copyright infringement pursuant to the Copyright Act, Singapore, as stated below, if User wishes to communicate with HauteRobe on any matter relating to her or any other party’s use of HauteRobe Website or HauteRobe Services, HauteRobe may be reached for such purpose by email at email@example.com
Designated Representative of HauteRobe
For Notices of Claimed Copyright Infringement
HauteRobe Pte Ltd, a company incorporated in Singapore with registration number 201420857K ("HauteRobe") designates the following person as its representative to receive notices of claimed copyright infringement pursuant to the Copyright Act, Singapore.
If you wish to notify HauteRobe that your copyright has been infringed by and wish HauteRobe to remove or disable access to any of the materials appearing at this HauteRobe Website on account of such copyright infringement, please send your written notice in the manner prescribed pursuant to the Copyright Act, Singapore, for such purpose to the following person at the following contact particulars:
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