Terms Of Service

Last updated on 26-04-2024

Welcome to www.fashcreatives.com, a proprietary website/application of Mima 360 Limited (“Fash Creatives”, “we”, “us”). By accessing this Platform, you ("User", “you”, “your”) agree to our terms and conditions below. We understand that legal documents may be lengthy and boring and most often than not you want to skip them, but it is important that you read these terms carefully before using the Platform. By using this Platform, you agree to be legally bound by these terms. If you do not understand any of the terms of this agreement, please contact us via hello@fash.style. We’re more than happy to guide you.

1. General Terms

1.1. These terms of use govern the use of our website and mobile application (collectively called the “Platform”) and define the legally binding terms on which you access, browse, register or otherwise use the Platform to enjoy our services. The terms of use apply to all users of the Platform including guest users.

1.2. By using our Platforms in any manner, you confirm that you accept these terms of use and that you agree to comply with and be bound by them.

1.3. You understand that breach of any of these terms of use may result in your rights to use the services on the Platform being restricted, suspended or withdrawn.

1.4. We may amend these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make as they will be binding on you.

1.5. If you do not agree to these terms of use, you must not access this Platform or use the services.

2. Services

2.1. This Platform allows users to manage their fashion business; creating an online style catalogue and easily receiving requests, bookings, orders and payments for their services.

2.2. Our platform showcases a diverse array of user-created catalogues, where you can explore and select your desired fashion styles from a multitude of options. Whether shared via users' unique links or as public catalogues, these collections encompass a wide range of designs and trends. It's important to note that we do not claim ownership of any of these fashion styles or designs.

2.3. Fash Creatives may not be affiliated or have any form of partnerships with these style owners / fashion designers / pay. We are only responsible for helping you receive orders and payments, managing data which you have inputted on our platform

2.4. We operate the Platform and implement the tools and technical means to enable this relationship to work smoothly. We do not have possession of any fashion item. Fash creatives is not a part or subsidiary of any of the fashion outfits that use this platform.

2.5. We have no control over and do not guarantee the existence, quality and safety of fashion outfits advertised. We do not guarantee the truth or accuracy of fashion stores or designers' offers and the ability of fashion designers to produce a design as described.

2.6. Unlike our delivery services, we cannot give any undertaking that fashion items ordered through this Platform will be of satisfactory quality and, this and any other such warranties (whether express or implied) are disclaimed by us to the fullest extent permitted by law.

3. Accessing our Platform and the Services

3.1. We do not guarantee that our Platforms or any of the Services, will always be available, uninterrupted or fault free. We will not be liable to any user of the Platform if for any reason the Platform is unavailable at any time or for any period.

3.2. We do not guarantee that our Platform or any content on it will be free from errors or omissions.

3.3. You are responsible for making all arrangements necessary to have access to our Platforms and for ensuring that all persons who access the Platform through your user profile are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

4. Membership and Registration

4.1. Our services are available only to and may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent that you are at least 18 years old and that all registration information you submit is accurate and truthful.

4.2. Users who fulfill the requirements above must create an account in accordance with clause 4.3 below.

4.3. In order to create an account, you must provide a full name, email address, telephone number, businesss address. A one time password will be provided to the User upon signing up. inputting the one time password confirms you agree with our terms of use and privacy policy.

4.4. You are solely responsible for keeping your login details confidential and must not disclose or share it with anyone. You will be responsible for all activities that take place using your login information. In the event of theft, loss or unauthorized use of a user’s password or account, you must contact us immediately at hello@fash.style.

4.5. Once you create an account, you will be able to create styles, manage measurements, create an online style catalog, receive certain payments for bookings or style orders via the online catalog .

4.6. Where we have reason to suspect or believe that there has or is likely to be a security breach or other misuse of our Platform, we reserve the right to require you to change your password. Failure to do so may result in us suspending or deleting your account.

4.7. As a user, you: represent and understand that all account information provided is accurate, up to date, honest and not misleading; commit to updating your account information as and when it changes; and accept sole responsibility for any direct or indirect adverse consequences caused by the inaccuracy of this information or failure to update this information.

4.8. The information submitted to create or update an account constitutes a proof of your identity. We reserve the right to verify, at any time the accuracy of the information provided and to ask you for any additional documentation for the purpose of identity verification.

4.9. You can decide at any time to terminate your account, in which case your details will be deleted from the Platform.

5. Payment

5.1. All payments made on our Platform are processed by a third-party payment processor which provides a gateway for online payments.

5.2. In order for users to successfully receive orders, payment for orders are made through a debit card; or through bank transfers; or any other payment methods/channels our payment service partners may provide from time to time.

5.3. The payment processor is solely responsible for all payment transactions consummated on our Platform.

5.4. The sale prices of styles are displayed in the offers of your unique online style catalog. They are given in Naira and other currencies we process. They include any tax applicable taxes.

5.5. The total price is stated in the offer at checkout and is due for payment when the order is placed.

5.6. All payment received on your behalf are accessible in your digital wallet and can been withdrawn as you the user deems fit.

5.7. Payment withdrawals may come with charges as deemed fit by our payment partners and Platform

5.8. By creating an account, you agree to be bound by these terms of payment

6. Intellectual Property

6.1. We and our partners own all intellectual property rights in the Platform and any materials published on it, except for user-generated content. User-generated content, including fashion styles created by users, public catalogues remains the property of the respective creators. These rights are protected under applicable copyright laws, and all such rights are reserved. You may only access and use the materials for personal use, and you may not otherwise reproduce, distribute, publicly display, or modify them without a license from us or the respective creators.

6.2. We own or are the licensor of all rights, titles, interests, in and to the Platform including all rights under patents, copyrights, design rights, trade secrets, and any and all other proprietary rights. Any disassembling, decryption, extraction, re-use, re-engineer, reverse engineer, copying or more generally any act of reproduction, representation, transmission or use of any of these elements, in part or in whole, without the authorization of the company is strictly prohibited and may be result in legal action.

6.3. If you believe the content of our Platform may have infringed on your copyright in any manner, kindly contact us and we will immediately take steps to stop or remedy such breach.

6.4. You acknowledge that words and terms used to describe the styles listed were provided to us by you users who have requested that we create online catalogues on your behalf. Fash Creatives will not be liable for any inappropriate or inaccurate use of style names on this Platform. Kindly contact us if you believe a style has been wrongly described and we will immediately take steps to remedy the same.

7. No Reliance

The content on our Platform was provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representation or guarantee, whether express or implied, that the content on our website/application is complete or up-to-date and you acknowledge that any reliance on such information will be at your own risk.

8. Limitation of Liability

8.1. Nothing in these terms of use excludes or limits our liability for personal injury arising from our negligence or fraudulent misrepresentation or any other liability that cannot be excluded or limited by Nigerian law.

8.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may otherwise apply to our Platform or any content on it, whether express or implied.

8.3. We assume no responsibility for the content of websites linked to our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

8.4. As a user, please note that we only provide our Platform for while we provide our services for commercial or business purposes, we have no liability to you for any loss of profit or loss of business opportunity.

8.5. To the extent permitted by the law, Fash Creatives shall not be liable to you for any indirect punitive, incidental, special or exemplary damages arising out of your inability to use our Services.

8.6. We are not liable for any damage which may be incurred by you from unauthorized use of, tampering or access to your Fash Creatives account.

8.7. Fash Creatives is not liable and you agree not to hold Fash Creatives liable for any damages or losses resulting either directly or indirectly from: delays or disruptions in our Services, software, and Platform; your use or inability to use or access our Services or Platform; a suspension or other actions taken with your Fash Creatives account; any access or use of our services in a manner that is inconsistent with this terms of use or any error, inaccuracies, losses or omissions in or to any data provided to us; and any damage caused by a virus or other technologically harmful material that may infect your electronic devices due to the use of our Platform or any website linked to it.

8.8. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable arising in connection with use of or inability to use our Platform.

9. Indemnification

9.1. You agree to indemnify, defend and hold Fash Creatives harmless against any loss, damage, liability and claim due to or arising out of your Use or misuse of our Services; and breach of these terms of use or any applicable law.

9.2. We reserve the right at your expense to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

10. Term and Termination

This term of use becomes effective from the date you start using our services and continues until it is terminated by either you (through the closing of your account) or us.

11. Restricted Activities

11.1. Our Platform must be used only for lawful purposes. You must not, and must not allow another person to use it for any purpose other than which we made it available.

11.2. As a user of our Services and Platform, you agree not to use them: in a way that breaches the provision of any applicable law or regulation; in a way that is not authorized by us or detrimental to us; for any fraudulent purpose or act (Including provision of false identification); and to modify, adapt, decipher, disassemble or reverse engineer any of the software making up a part of our Platform.

12. Electronic Communication

12.1. By accessing and using our Services, you consent to receiving electronic communications, and that all notices, disclosures and other communications we provide to you electronically through emails or displayed on our Platform satisfy any legal requirement for written communications.

12.2. You agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of records of transactions initiated or completed by you. You waive the rights or requirements of any law in any jurisdictions which require original signature, or delivery or retention of non-electronic records

13. Severability

If any of these terms of use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by Nigerian law.

14. Personal Data

The company collects and processes users’ personal data. For further details, every user is encouraged to read the Platform’s “Privacy Policy” . For the avoidance of doubt, with the exception of our payment provider, we do not share your details with any other third parties.

15. Sanctions of Breaches

15.1. In the event of any fraud, breach of these terms of use or violation of applicable laws or regulations, we reserve the right to take any appropriate measure, including without limitation: suspending or terminating access to all or part of the services of the user who committed the breach; or alerting all relevant authorities and taking legal action.

15.2. Any suspension or termination shall take full effect on the date we send the communication to the user and the user’s account will be automatically deleted without further notice.

16. Complaints

Users are to submit complaints to the customer service via the chat box on the mobile application or any of our social media channels.

17. Disclaimer

The services are provided “As Is” and “As Available”. Fash Creatives disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms. Fash Creatives makes no representation of having an existing relationship, engagement or commitment with any of the style designer listed on the platform. In addition, Fash Creatives makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection with it, remains solely with you, to the maximum extent permitted under applicable law.

18. Promotional Codes

Fash Creatives may at Fash Creatives’s sole discretion, create promotional codes that may be redeemed for purchase discount, or other features or benefits related to the Services ,subject to any additional terms that Fash Creatives establishes on a per promotional code basis (“Promo Codes”).You agree that Promo Codes:

18.1. must be used for the intended purpose, and in a lawful manner;

18.2. may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise);

18.3. may be disabled by Fash Creatives at any time for any reason without liability to Fash Creatives;

18.4. may only be used pursuant to the specific terms that Fash Creatives establishes for such Promo Code;

18.5. are not valid for cash; and

18.6. may expire prior to your use.

18.7. Fash Creatives reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Fash Creatives determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms

19. Region

These terms of use are governed by the Nigerian law. In the event of a dispute regarding the validity, interpretation and/or execution of these terms, the parties submit to the exclusive jurisdiction of the Nigerian courts.