TERMS & CONDITIONS

Updated on 2024-08-20

1.Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d) stream audio and video files from our website using the media player on our website; and

(e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes OR to compare services; you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

6. Use of Products

6.1 To become a user of our website services, you must pay the applicable list fees during the selection of your desired contacts at the checkout process. We will send you an acknowledgement of your order.

6.2 Our mailing lists come with a one year unlimited use license. Authorized use begins on the date the list is received and continues for twelve consecutive months until termination.

6.3 The list and all information contained are the property of The Fashion Lists.

6.4 The Licensee agrees that no part of the list may be reproduced, used to enhance or add information to any other list, file or database, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise. The Licensee agrees to protect the list from such misuse while in possession of list.

You agree to permit The Fashion Lists to display your company’s name, logo and url on The Fashion Lists’ web site, in The Fashion Lists marketing and reporting literature, profile application, and any other advertising.

7. Fees

7.1 The fees in respect of our website services will be as set out on the website from time to time.

7.2 All amounts stated in these terms and conditions or on our website are stated inclusive of taxes.

7.3 You must pay to us the fees in respect of our website lists in advance, in cleared funds, in accordance with any instructions on our website.

7.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

7.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

7.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within seven (7 days) following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 7.6.

7.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

7.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

8. Distance contracts: cancellation right

8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the contract is entered into,subject to Section 8.3. You do not have to give any reason for your withdrawal or cancellation.

8.3 You agree that we may begin the provision of services before the expiry of the period referred to in Section 8.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a) if the services are fully performed, you will lose the right to cancel referred to in Section 8.2;

(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 8.

8.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.5 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 8, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 8.

8.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 8 without undue delay and, in any case, within the period of fourteen (14) days after the day on which we are informed of the cancellation.

9. Our rights to use your content

9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or for transmission via, our website.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Rules about your content

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

11. Report abuse

11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

11.2 You can let us know about any such material or activity by email or using our abuse reporting form.

12. Limited warranties

12.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

13. Limitations and exclusions of liability

13.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

13.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:

(a) are subject to Section 13.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 13.6 shall not apply.

13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 13.7 shall not apply.

13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

(a) USD 100; and

(b) the total amount paid and payable to us under the contract.

14. Indemnity

14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

15. Breaches of these terms and conditions

15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

15.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

16. Third party websites

16.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

16.2 We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

17. Trade marks

17.1 Identify trade marks, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

17.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

18. Variation

18.1 We may revise these terms and conditions from time to time.

18.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR we will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

18.3 If you are a consumer and you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes. We will give you at least 30 days' prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.

19. Assignment

19.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

19.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

20. Severability

20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

20.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21. Third party rights

21.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

21.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

22. Entire agreement

22.1 These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

23. Law and jurisdiction

23.1 These terms and conditions shall be governed by and construed in accordance with United States law.

23.2 Any disputes relating to these terms and conditions shall be subject to the exclusive OR jurisdiction of the courts of Florida, United States.

24. Statutory and regulatory disclosures

24.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

24.2 These terms and conditions are available in the English language only.

25. Our details

25.1 This website is owned and operated by The Fashion Lists.

25.2 We are registered in the United States and our registered office is at 7901 4TH STREET N. STE 300, ST. PETERBURG, FL 33702

25.3 Our principal place of business is at 7901 4TH STREET N. STE 300, ST. PETERBURG, FL 33702

25.4 You can contact us:

(a) using our website contact form;

(d) by email, using the email address published on our website.

Refund Policy

Updated on 2024-08-20

1.Introduction

1.1 If you have any questions about whether a product is right for you, feel free to email us at info@thefashionlists.com before making your purchase.

1.2 Since The Fashion Lists offers non-tangible irrevocable goods we DO NOT issue refunds once the order is accomplished and the product download link is sent. As a customer, you are responsible for understanding this upon purchasing any item at our site. UNFORTUNATELY, DUE TO THE IMMEDIATE ACCESS TO DIGITAL PRODUCTS, ALL SALES ARE FINAL AND NONREFUNDABLE. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.

1.3 Therefore, we do honor requests for the refund for the following reasons:

(a) Non-delivery of the product: due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery email from us. In this case, we recommend contacting us for assistance. Claims for non-delivery must be submitted within 7 (seven) days from the order placing date. Otherwise, the product will be considered received and downloaded;

(b) Download and unzipping issues: it may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted within 7 days. If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason;

(c) Major defects: although all the products are thoroughly tested before release, unexpected errors may occur. You should contact us for such issues. We reserve the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer’s choice, replacement of the product of the same or around the same value can be offered. NOTE: OUR LISTS ARE UPDATED REGULARLY, HOWEVER, DUE TO THE FAST-PACED NATURE OF THE INDUSTRY, WE ASK YOU TO KINDLY NOTE THAT UP TO 10% OF CONTACTS MAY BOUNCE. FOR THIS REASON, WE HAVE ALREADY RECUDED THE LIST PRICE BY 10%.

(d) Product not-as-described: such issues should be reported within 7 (seven) days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.

(e) Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the sales page of each product. We don’t guarantee that our products are fully compatible with any third-party programs (including web host) and we do not provide support for third-party applications.

(f) HOWEVER, KINDLY NOTE THAT WE WILL NOT ACCEPT REFUND REQUESTS FOR THE FOLLOWING BOUNCE ERRORS:Bounced email contacts: Kindly note that even though we ask for 10% non-deliverability margin of your emails, we can, upon request, replace certain contacts when possible. However, refund requests for the following bounce errors will not be honoured, as they are outside of our research capabilities:

Hop count exceeded - possible mail loop

The recipient's mailbox is full and can't accept messages now

(xx.xxx.x..x IP Address) does not pass SPF checks

Recipient address rejected: Access denied

Your message to xxxx@xxxx.com has been blocked

(g) Requests for a refund are accepted at info@thefashionlists.com within the period of 7 (seven) days after the order is placed. You should accompany this request with detailed and grounded reasons why you are applying for a refund.