TERMS & CONDITIONS
Company Principals agree that by joining Fashionablyin you will:
Test the platform and provide feedback
Take reasonable steps to build, manage and retain a successful commission-only sales team within the Fashionablyin platform
Take reasonable steps to learn how to work with a commission-only sales team and take a pro-active partnership approach
Communicate with agents and run all new business generated by agents found within Fashionablyin through the Fashionablyin platform
Pay an admin fee* of between 1-2% to Fashionablyin in addition to the commission amount that you pay an agent on the back of the closed business.
Never subtract Fashionablyin's admin fee from the commissions owed to an agent. This fee is always in addition to their commission payment.
Fashionablyin does not offer refunds on the cost of your subscription type or membership fee. Our membership fees are structured in a way that covers the cost of on-boarding into the Fashionablyin App. We'll always work with you if assistance is needed, including an option to upgrade your membership type/length if appropriate.
Sales agents agree that by joining Fashionablyin during Beta you will :
Test the platform and provide feedback during our beta phase
Take reasonable steps to build, manage and retain successful commission-only sales partnerships with Company principals using the Fashionablyin application
To communicate with principals and run new business generated on their behalf within Fashionablyin through the Fashionablyin platform
*Admin Fee: In addition to paying the regular commissions to your sales agents on the back of the closed business, you'll also pay Fashionablyin an additional 1-2% depending on the membership you choose.
Note: Part of this fee is used to seed our business development fund which works to attract more sales agents from around the world to work on your opportunity. It aligns to the pay-on-performance commission model and many companies find it helpful to view it as a recruitment expense that they only have to pay on the back of the closed business.
Subscription to Service :
We may offer certain Services as closed (private) or open beta services ("Beta Service" or "Beta Services") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service outwith any purchase you made to participate. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that we will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
User Sign up Obligations :
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Administrators :
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party's roles and restrictions as an administrator of your organization account.
You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that we are not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to support@Fashionablyin.com, provided that the process is acceptable to Fashionablyin. In the absence of any specified administrator account recovery process, Fashionablyin may provide control of an administrator account to an individual providing proof satisfactory to Fashionablyin demonstrating authorization to act on behalf of the organization. You agree not to hold Fashionablyin liable for the consequences of any action taken by Fashionablyin in good faith in this regard.
Spamming and Illegal Activities :
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy :
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Data Ownership :
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Fashionablyin the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Fashionablyin's commercial, marketing or any similar purpose. But you grant Fashionablyin permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
The graphics, logos, trademarks, service marks, and trade dress included in or made available through our Services, including but not limited to the trademark "Fashionablyin", are trademarks or trade dress owned by Fashionablyin ("Fashionablyin Marks"). All other trademarks appearing within our Services are the property of their respective owners. Fashionablyin Marks may not be used in connection with any product or service other than those of Fashionablyin, and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Fashionablyin or our Services. Your use of Fashionablyin Marks will be subject to any guidelines or restrictions we may provide to you at any time.
Use of our Services may require a subscription ("Subscription") and payment of an applicable subscription fee on a monthly or yearly basis ("Subscription Fee"). Your subscription will continue unless and until you cancel your subscription after the initial 12-month commitment or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment ("Payment Method") to use the Services. All Subscription Fees are payable in British Pounds Sterling (£) unless otherwise authorized. We are not responsible for currency conversion fees charged by your bank or credit card provider. We will bill the Subscription Fee to your Payment Method. You must cancel your membership before it renews in order to avoid billing of the next applicable Subscription Fee to your Payment Method.
By starting your subscription and providing or designating a Payment Method, you authorize us to charge you a Subscription Fee at the identified rate, and any other charges you may incur in connection with your use of the Services. We reserve the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
You may cancel your subscription at any time after the 12-month initial commitment, and you will continue to have access to the Services through the end of your billing period. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTIONS.
Access to Services and Security Codes :
You will not (a) make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than you, (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, (c) use a Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a Service to store or transmit malicious code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (g) copy a Service or any part, feature, function or user interface thereof, (h) copy Content except as permitted herein, (i) frame or mirror any part of any Service or Content, (j) access any Service or Content in order to build a competitive product or service, or (k) reverse engineer any Service (to the extent such restriction is permitted by law).
Third Party Content :
Our Services may include content provided by third parties. All statements or opinions expressed in the content provided by third parties are solely the opinions and the responsibility of that third party. The third-party content does not necessarily reflect the opinion of Fashionablyin. We are not responsible or liable to you or any third party for the accuracy of any content provided by any third parties.
Links to third party websites from within our Services are provided solely as a convenience to our customers. Fashionablyin has not reviewed those third party websites, does not control and is not responsible for any of those websites or their content. Fashionablyin does not endorse or make any representations about such third party websites, or any information, software, content or other products or materials available on those third-party websites. If you decide to access any the third party websites, you do so entirely at your own risk.
User Submissions: Spamming and Illegal Activities
Infringement Notification :
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact Fashionablyin at support@Fashionablyin.com. Any such notification must include a description of the copyrighted work or other intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Site, and your contact information, including your address, telephone number, facsimile number, and email address.
"AS-IS" CONTENT – WARRANTY DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FASHIONABLYIN'S PURPOSE IS SOLELY TO FACILITATE RELATIONSHIPS THROUGH THE USE OF THE SERVICES. FASHIONABLYIN TAKES NO RESPONSIBILITY FOR, AND SHALL IN NO WAY BE RESPONSIBLE OR LIABLE FOR, THE END RESULTS OF SUCH RELATIONSHIPS. FASHIONABLYIN MAKES NO WARRANTY OR GUARANTEE WITH RESPECT TO THE SUCCESS OF ANY RELATIONSHIP FACILITATED THROUGH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE WITH RESPECT TO ANY MINIMUM SALES OR COMMISSION AMOUNT GENERATED VIA SUCH RELATIONSHIP.ALL SERVICES, INFORMATION, CONTENT, AND MATERIALS PROVIDED, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND UNLESS OTHERWISE SPECIFIED IN WRITING. FASHIONABLYIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FASHIONABLYIN FURTHER MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE CONTENT.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR CONTENT WILL BE FREE OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE CODE. FASHIONABLYIN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL DUE TO YOUR USE OF THE SERVICES. FASHIONABLYIN EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICES OR CONTENT.
LIMITATION OF LIABILITY: CONSEQUENTIAL DAMAGES EXCLUSION
IN NO EVENT SHALL FASHIONABLYIN, ITS SUPPLIERS, AFFILIATES, LICENSORS, OR OTHER THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR THE RESULTS OF YOUR USE OF THE SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED OR ANY DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE LIABILITY OF FASHIONABLYIN, ITS AFFILIATES, AGENTS, LICENSORS, AND ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR FASHIONABLYIN, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IN ANY WAY CONNECTED WITH THE SERVICES, THE CONTENT, OR FASHIONABLYIN EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO FASHIONABLYIN FOR ACCESS TO THE SERVICES AND CONTENT.
CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BY OPERATION OF LAW.
IT IS THE RESPONSIBILITY OF THE ACCOUNT HOLDER TO CARRY OUT THE APPROPRIATE DUE DILIGENCE WHEN CONNECTING WITH ANOTHER FASHIONABLYIN MEMBER. FASHIONABLYIN ACCEPTS NO LIABILITY FOR FINANCIAL LOSS WHEN SENDING PRODUCT SAMPLES OR OPERATING OUTSIDE OF A COMMISSION-ONLY SALES MODEL.
Applicable Laws :
Fashionablyin makes no representation that the Services or Content are appropriate or available for use in your jurisdiction, and access to them from territories where their contents or use are illegal is prohibited. You may not use or export or re-export Services or Content in violation of any applicable laws or regulations. You are responsible for compliance with applicable local laws in your jurisdiction.