Terms of Use

Terms of Service

This Terms describes the terms and conditions governing the use of the services provided by Fashionexus.com including, but not limited to, all contents, services and products available at and through the website. The Fashionexus.com is a global website is owned and operated by Silk Road Expo (Fashionexus) for wholesalers and retailers of goods to end consumers.

Please read all these Terms of Use carefully before accessing or using our Site. Please contact us at support@SilkRoadEXPO.com if you have any questions.

Use of Fashionexus Services

1. Supplier & Retailer Subscription

   1. Before you can use our website, you are required to register your profile and create an account on the Fashionexus.com website and meet the following criteria, that you are:
      1. A wholesaler or supplier of goods to retailers; or a retailer of goods to end consumers.
      2. A trading company with a legally registered Business Number.
      3. Your application is subject to acceptance by Fashionexus. Fashionexus reserves the right to reject, suspend or cancel your Subscription and is not required to give a reason.
      4. If your application is accepted by Fashionexus and you are a wholesaler, a supplier or a retailer you will be required to pay a fee for the use of Fashionexus.com website. Upon setting up an account with your chosen user ID and Password, you will be able to exhibit your products on Fashionexus.com.
      5. Your subscription fee is nonrefundable and Nontransferable for a period of 12 months. Unless you notify us before the end of the applicable subscription period that you want to cancel your Subscription, your Subscription will automatically renew and you authorize us to collect the then-applicable annual subscription fee for such renewal (including taxes, if applicable) using any credit card or other payment mechanism we have on record for you. Like all other policies, we may change our Fees from time to time. Fashionexus will post the notice of fee changes 15 days prior to the effective date.
      6. The All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”) payable to the Australian Taxation Office (ATO).
      7. You are responsible for all applicable Taxes that arise from or as a result of your subscription.
      8. For the avoidance of doubt, all sums payable by you to Fashionexus under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Fashionexus to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. Fashionexus will be entitled to charge the full amount of Fees stipulated under these Terms of Service.
      9. You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on Fashionexus or your use of the Services. The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.
      10. You are not permitted to share or allow another business entity to use your member account that may cause loss or damages to Fashionexus.com. Fashionexus reserves the right to suspend or terminate your account without notice or liability to the member.
   2. Your application is subject to acceptance by Fashionexus. Fashionexus reserves the right to reject, suspend or cancel your Subscription and is not required to give a reason.
   3. If your application is accepted by Fashionexus and you are a wholesaler, a supplier or a retailer you will be required to pay a fee for the use of Fashionexus.com website. Upon setting up an account with your chosen user ID and Password, you will be able to exhibit your products on Fashionexus.com.
   4. Your subscription fee is for a period of 12 months and it is not transferrable. Unless you notify us before the end of the applicable subscription period that you want to cancel your Subscription, your Subscription will automatically renew and you authorize us to collect the then-applicable annual subscription fee for such renewal (including taxes, if applicable) using any credit card or other payment mechanism we have on record for you. Like all other policies, we may change our Fees from time to time. Fashionexus will post the notice of fee changes 30 days prior to the effective date.
   5. You are not permitted to share or allow another business entity to use your member account that may cause loss or damages to Fashionexus.com. Fashionexus reserves the right to suspend or terminate your account without notice or liability to the member.



2. Buyer Subscription

   1. If you are a store/shop buyer, before you can access Fashionexus.com you are required to register on Fashionexus.com website, and meet the following criteria: that you are:
      1. A buyer for retailers or stores, you are required to provide your business registration number and full contact details to setup your login account with Fashionexus.com
      2. A trading company with a legally registered Business Number;
   2. There is no fee for Buyer Subscription. However, if you wish to also list your products on our Retailers page the Retailer Subscription fee will apply.
   3. Upon registration;
      1. A login account will be setup with your chosen user ID and Password.
      2. You will have full access to the wholesalers and suppliers as well as online retailers listed on Fashionexus.com
   4. Buyers are only required to register once. You must notify us, if your business is no longer in operation to request the cancellation of your account.



3. Consumer Subscription

   1. If you are a consumer you are not required to register, and;
      1. You can browse through all products from retailers page on Fashionexus.com. Each product on the ‘Retailers’ page is linked to the individual retailer’s online store.
      2. Your purchase transactions are completed at the online store owned by retailers. Fashionexus.com takes no responsibility for your purchase. Any dispute is between you and the retailer.
   2. A consumer does not have the access to the wholesalers and suppliers or their products.



4. Transaction Between Buyers and Sellers

   Fashionexus is not involved with or a party to actual transactions that take place between the suppliers and Retailers or between Retailers and public consumers. Therefore, Fashionexus does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal or other legal proceedings with a buyer or a seller.

Member’s Responsibilities

1. Members must not violate any applicable laws and regulations including export control and consumer protection; false advertising or promote any business activities which may violate any applicable laws and regulations.
2. You are solely responsible for your information. Your information must not, in anyway, be potentially or actually harmful to Fashionexus or any third party.
3. All contents including images you submit and display on the Fashionexus.com website must be true and kept up to date, and not be false, inaccurate or misleading in anyway.
4. You must not be involved in any attempts to copy, modify, reproduce or exploit Fashionexus or its members’ proprietary directories, materials and listings or to undermine the integrity of Fashionexus.com system by engaging in unauthorized access to the data and networks that may infringe or violate any party’s copyright, patent, trademark, trade secrets or any other personal or proprietary rights or intellectual property rights and rights of publicity.
5. There must not be any link in your contents directly or indirectly to any other third party’s website or any content that may violate the terms.
6. Your contents must not contain any malicious code, data, viruses, other destructive devices or set of instructions that may cause harm or subvert(s) the intended function of Fashionexus.com website.
7. Member acknowledges and agrees that Fashionexus shall not be required to monitor nor exercise any editorial control whatsoever over the content of any messages or materials or information created or obtained through Fashionexus.com. Fashionexus does not endorse, verify or otherwise certify the contents or comments made by any member. Each member is solely responsible for the content of their communication and may be legally liable for the content of their comments, materials and information.
8. Fashionexus reserves the right, in its sole discretion, to remove or reject any content that is unlawful or in breach of the terms. Fashionexus may also restrict, suspend, or terminate a member’s account and even ban the future use of Fashionexus’s services, if we reasonably believe or are informed by a government authority, that you have engaged in fraudulent activity in connection with your use of our Site, and you will have no claim whatsoever against Fashionexus in respect of any such suspension or termination of your account with Fashionexus.
9. You must conduct your business transactions with other members of Fashionexus in good faith.
10. There are no age restrictions for the use of the above Services.

Intellectual Property Right

Fashionexus is the lawful licensee of the site and owns the Intellectual Property right and interests in the Site content. The title, ownership, logo and intellectual property rights of Fashionexus.com website and Site content are protected under worldwide copyright and any unauthorized copying and modification of Fashionexus property is strictly prohibited. You may not:

1. use any trademark, service mark or logo without written approval from Fashionexus;
2. use the materials for any commercial purpose, or any public display
3. attempt to decompile or reverse engineer any software contained on Fashionexus.com website
4. violate the Intellectual Property Rights of Fashionexus. Legal responsibilities will be pursued upon any violation of Fashionexus or its members.

General

1. These Terms of Use constitute the entire agreement between Fashionexus and the member with respect to governing your use of the services. Fashionexus and the member are independent contractors and no agency, partnership, joint venture, employer-employee relationship is intended or created by the term.
2. Any claim relating to Fashionexus.com web site shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions.

Limitations

1. THE MATERIALS OR MEMBER DATA ON FASHIONEXUS.COM ARE PROVIDED BY THE MEMBER “AS IS” AND FASHIONEXUS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, ACCURACY, LIKELY RESULTS, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OF THE MATERIAL ON THE WEBSITE OR ANY SITES LINKED TO FASHIONEXUS.COM.
2. TO THE EXTENT PERMITTED BY LAW, FASHIONEXUS MAKES NO WARRANTIES OR PREPRESNTATIONS OF ANY NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF ANY THIRD PARTY RIGHTS. AND FASHIONEXUS MAKES NO WARRANTIES OR PREPRESENTATION OF ANY KIND CONCERNING ANY PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON FASHIONEXUS.COM
3. In an effort to provide increased value to our suppliers and convenience for public consumers to access our retailer members’ online shopping site, Fashionexus.com contains links to the sites operated by third parties. However, even if the third party is affiliated with Fashionexus.com, Fashionexus.com reserves no right nor has any control over these linked sites, all of which have separate privacy and data collection practices, independent of Fashionexus.com. These linked sites are for your convenience and therefore you access them at your own risk.
4. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Fashionexus partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
5. You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
6. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
7. Fashionexus does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
8. Fashionexus does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
9. Fashionexus is not responsible for any of your tax obligations or liabilities related to the use of Fashionexus’s Services.
10. Fashionexus does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

Confidentiality

“Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Fashionexus’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 7. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

Feedback and Reviews

Fashionexus welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third-Party Provider (collectively, “Feedback”) to Fashionexus be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Fashionexus (whether submitted directly to Fashionexus or posted on any Fashionexus hosted forum or page), you waive any and all rights in the Feedback and that Fashionexus is free to implement and use the Feedback if desired, as provided by you or as modified by Fashionexus, without obtaining permission or license from you or from any third party. Any reviews of a Third-Party Service or Third-Party Provider that you submit to Fashionexus must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Fashionexus reserves the right (but not the obligation) to remove or edit Feedback of Third-Party Services or Third-Party Providers but does not regularly inspect posted Feedback.

Privacy and Data Protection

Fashionexus is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Fashionexus’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Service, the digital products or our website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.

Governing Law

This Terms and any non-contractual obligations arising out of or in connection with it shall be governed by, and construed in accordance with, English law.

Waiver and Severability of Terms

The failure of Fashionexus to exercise or enforce any right or provision of this Terms shall not constitute a waiver of such right or provision. If any provision of this Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Terms remain in full force and effect.

Waiver of Jury Trial and Class Actions

You and Fashionexus waive all rights to a jury trial, instead electing that any disputes be resolved by a judge. You also agree that any disputes with us shall be resolved on an individual basis, and that you may not bring a claim as a plaintiff or class member in a class consolidated or representative action.

Breach

1. Without limiting other remedies available to Fashionexus at law, we may, without any notice restrict your activities through our site, issue you a warning, temporarily or indefinitely suspend or terminate your account with Fashionexus.com, if you breach this Agreement or are unable to authenticate any information you provide to us.
2. For security, confidentiality and privacy reasons, we are not obligated to provide you or other members' details of any investigation that we conduct or any action which we may take, in relation to your membership or your account other than what we may choose to provide at our discretion.
3. Fashionexus reserves the right to cooperate fully with government authorities in the investigation of any wrongdoings. Fashionexus may disclose the member’s identity and contact information, if requested by a government or law enforcement body. Fashionexus shall not be liable for damages from such disclosure, and the member agrees not to make a claim against Fashionexus for such disclosure. Fashionexus also reserves the right to disclose the records of such breach to our members and publish the records of such breach on the websites.

Contact Details, Complaints and Questions

If you have any questions regarding our Privacy Policy, you can contact us through our contact form or contact us at support@silkroadexpo.com.