November 17, 2017
By accepting this Agreement, You represent the following:
- You are 18 years of age or older; and
- You are between 13 and 17 years of age and creating a LOVEXFASHION Account for select items that are eligible for purchase by you on LOVEXFASHION shopping platform, subject to applicable laws and LOVEXFASHION’s discretion;
- Capable of entering into a legally binding agreement.
If you are a business entity, you also represent that you are:
- Duly authorized to do business in the country or countries where you operate; and
- Your employees, officers, representatives, and other agents accessing the Services are duly authorized to access the Services and to legally bind you to these terms of this Agreement.
You acknowledge, by ticking “Agree”, indicate that you acknowledge that you fully read, understand, fully accept, and provide your consent to the entire content of this Agreement.
Definitions Appearing in These Terms of Services.
“We”, “us”: LOVEXFASHION LLC.
“You”: A Customer purchases goods and/or Services from LOVEXFASHION.
“User Account”: The account you create with LOVEXFASHION for the purchase goods and pay.
“Funding Account”: A credit card, debit card or checking or savings account that is registered and used by you to fund payments made by you to LOVEXFASHION.
“Payment Services”: The Services that we and our authorized financial party provide to you after the verification of your identity has been completed according to the operating rules in which the payment is carried out to LOVEXFASHION from funds in your Funding Account based on your payment instructions.
“Facility Provider”: Any third financial party authorized by LOVEXFASHION who have sign with LOVEXFASHION from time to time at which collecting the payment from you on behalf of LOVEXFASHION.
“Payment Instrument”: A VISA, Master Cards, credit card, debit card, gift card or other prepaid payment method used by you for making a payment. Not all Payment Instruments are eligible for use with all Services.
“Applicable Laws”: Any and all federal, state and local laws, rules and regulations applicable to the Services.
- Rules for User
2.1 When you accept these terms of Services (for example, when first registering a Payment Instrument in your Account), you are associated with your LOVEXFASHION Account, and which may be accessed at LOVEXFASHION’s shipping website. Depending on the Payment Services you use, you may be asked to provide information such as your name, contact information, Payment Instrument information (including your bank name, routing number and account number for the account, if applicable), date of birth, and/or your social security number. We may verify your registration information with a third financial party verification vendor. In some cases, we may ask you to send us additional information to help us verify your identity.
2.2 The information you provide will be used by us to determine if you are eligible to begin and/or continue to use the Services. Provision and use of such data is subject to the LOVEXFASHION payments Privacy Notice, as described more fully on our website.
2.3 You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. Changes to your primary residence address may require you to accept new payments terms of Services for the country to which you have moved. In addition, as certain Services are currently offered only in select countries, changes to your primary residence address may result in your becoming ineligible for certain Services.
2.4 When you make a purchase and you select to pay using a certain Payment Instrument, you will be able to make your purchase without having to re-enter or provide your Card Details. Instead, we will retrieve your encrypted Card Detail from our PSP’s secure PCI compliant environment. In order to use the Services, you must register a valid Payment Instrument to make payment transactions.
2.5 You authorize us to confirm that your Payment Instrument is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or debit to the Payment Instrument, in accordance with the relevant card association as applicable. LOVEXFASHION, in its sole and absolute discretion, may refuse to approve or may terminate existing registrations for the Payment Services with or without cause or notice, other than any notice required by any Applicable Law, and not waived herein.
- Declarations and Undertakings
You understand and know that LOVEXFASHION is only responsible for providing Internet Payment Gateway and an information transmission channel for you to use the online Payment Services. You should bind your Payment Instrument or other payable card to Facility Provider, and fully authorizeFacility Provider to collect an entire transaction account from your Funding Account. You shall continue to adhere to the announcements and regulations issued by or the Agreement you have entered into which is relevant to Facility Provider’s Services.
- Rules for Use of Services
For the purpose of effectively ensuring your legal rights to carry out transactions and make a payment to LOVEXFASHION, you understand and agree to accept the following rules:
4.1 After successfully linking a Funding Account, your Funding Account will be equipped with the payment function. You able to use our online payment function to effect payment. Your act of linking the Payment Instrument indicates that you agree to activate our online payment function.
4.2 Given that risks could exist in the binding User Account, Funding Account to Facility Provider and us, you shall fully understand and solely assume the relevant risks personally.
4.3 Facility Provider identifies your instructions by way of your user ID and password. After you have selected the related Payment Instrument for payment, Facility Provider may send payment instructions to the issuing bank of your related Payment Instrument and you. Upon verification, the relevant amount shall be deducted from your Funding Account. The instructions issued by you cannot be withdrawn or rescinded.
- 4 ThePayment Services provided by Facility Provider or LOVEXFASHION is constrained by the condition of your related Payment Instrument. In the event that your card is unable to be used because the said card was reported to be lost, ceased payment or for other reasons, the relevant Services will be terminated automatically. The provision of the corresponding Services will recommence only when the condition of your related Payment Instrument returns to normal and application is re-filed.
- 5 In the process of activating the Services, you shall safeguard your Payment Instrument information, identity information and mobile phone information (including the content of the SMS verification code), and may not pass on or divulge your Payment Instrument information, identity information and mobile phone information (including the content of the SMS verification code) to any other third parties, otherwise, you shall assume any risk and loss personally arising therefrom.
- 6 After the Services is activated, you may apply to cancel the function of the said Services by way of LOVEXFASHION website or other channels permitted by LOVEXFASHION.
- Fees and Other Charges
5.1 We do not currently charge you any fees for using the Services we provide therein. However, our authorized Facility Provider may charge Services fees for the Services they provide, in accordance with their terms and conditions.
5.2 We reserve the right in our absolute discretion to impose fees on any existing free-of-charge Services and/or to adjust the amount of fees charged and the method of payment therefor. You agree that we or our authorized Facility Provider have the right to deduct any such Services fees directly from your card. However, before doing so, we will give you prior notice within the Wallet and if you disagree with such amendment or change you should stop using the relevant Services.
- Intellectual Property
6.1 Without special declaration, the copyright of any LOVEXFASHION design, script, image, chart, audio, visual, terminal software, and other information, material or code of LOVEXFASHION shall be owned by LOVEXFASHION. You may not reproduce, use or sell by any means without the written consent of LOVEXFASHION, unless such reproduction or use is for the purpose of using these Services stipulated hereunder.
6.2 ” LOVEXFASHION”, ” LOVEXFASHION Payment Services” as well as any other script, diagram and other visual marks used to identify LOVEXFASHION and relevant businesses are trademarks owned by LOVEXFASHION. LOVEXFASHION enjoys trademark rights to the aforesaid marks and is protected by law. Without prior written consent from LOVEXFASHION, you may not alter, reproduce, register, or use by other means the aforesaid trademarks.
6.3 You may not, in the course of using relevant LOVEXFASHION Services, infringe the lawful rights of LOVEXFASHIONor any third party, otherwise, you shall bear all legal liabilities arising therefrom.
You agree to indemnify, defend and hold harmless LOVEXFASHION, Facility Provider and their subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties(collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorney fees, including without limitation attorney fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
(a) your use of the Services under this Agreement;
(b) any breach or non-compliance by you of any term of this Agreement or any other third parties’ policies;
(c) any dispute or litigation caused by your actions or omissions; or
(d) your negligence or violation or alleged violation of any Applicable Law or rights of a third party.
8.1 The Services LOVEXFASHION provides to you shall only be provided based on prevailing actual conditions. LOVEXFASHION shall not provide any explicit or implicit guarantee.
8.2 You know and agree that LOVEXFASHION shall not be liable for any damage resulting from the following reasons, including but not limited to direct losses as well as indirect losses, loss of reputation and prestige, and mental distress:
8.3 LOVEXFASHION is unable to provide these Services normally as a result of any other third parties;
8.4 Telecommunication equipment or power system malfunction, or failure or delay in Services caused by any other third parties;
8.5 Services are unable to be provided normally during the period of system shut down for maintenance purposes as announced by LOVEXFASHION on the LOVEXFASHION website;
8.6 Computer or mobile phone viruses, attacks by hackers, system instability, location of the user, switching off of equipment by the user, and other network, technology and communication connection reasons resulting in the Services terminal falling short of user requirements;
8.7 Force majeure: including but not limited to war, floods, fire, typhoons, tsunamis, earthquakes, government action and all other unforeseen, unavoidable and insurmountable objective events;
8.8 Losses caused by you and losses resulting from other mistakes not attributable to LOVEXFASHION.
- Entire Agreement
- Governing Law and Dispute Resolution
The establishment, the effectiveness, interpretation, implementation, revision and dispute resolution of this Agreement shall be governed by the laws of Hongkong. Any dispute arising out of or in connection with this Agreement shall be discussed and resolved amicably between the two parties, if such dispute could not be resolved amicably, both parties consent to submit such dispute to Ohio International Arbitration Center（HKIAC）for resolution.
11.1 In the event that any term or condition in this Agreement is deemed to be invalid, unlawful or not enforeceable, other terms and conditions of this Agreement shall continue to be valid and binding.
11.2 You agree that LOVEXFASHION has the right to revise the content of this Agreement according to business development requirements, and may make announcements on the LOVEXFASHION website without having to inform you separately and personally. The revised content of the Agreement, once announced, shall replace the original content of the Agreement. You shall regularly review this Agreement and its revised content. If you do not agree to the revision made on this Agreement by LOVEXFASHION, you shall immediately cease to use the Services under this Agreement or cancel your Funding Account binding. If you continue to use the Services under this Agreement after the revised content of this Agreement is announced, it indicates that you have thoroughly read and understood, and have accepted the revised content of this Agreement, and shall adhere to the revised content of the Agreement when using the Services under this Agreement.