Terms & Conditions
ACCEPTANCE OF TERMS
Fortune Hair Studio operates an online service on the Internet located at https://www.Fortune Hair Studio.com and other online areas owned and operated by us such as Facebook and mobile phone applications (“Fortune Hair Studio” or the “Site”)
Conditional Use Of Our Site And Services
Your permission to use Fortune Hair Studio is conditioned upon your agreement that you:
1. will comply with these Terms of Service;
2. are 13 years of age or older, but are 18 years of age or older to purchase any product;
3. will not copy or distribute any part of Fortune Hair Studio in any medium without Fortune Hair Studio's prior written authorization;
4. will provide accurate information when creating an account or registering for our Services
5. are solely responsible for your User ID and the activity that occurs while signed in to or while using Fortune Hair Studio using your User ID;
6. will not use Fortune Hair Studio to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
7. will not use the communication systems provided by or contacts made on Fortune Hair Studio for any commercial solicitation purposes;
8. are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
9. represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Fortune Hair Studio to use any and all Content submitted by you to Fortune Hair Studio in accordance with the licenses granted in this Agreement;
10. hereby grant each Fortune Hair Studio user, whether using Fortune Hair Studio or an application authorized by Fortune Hair Studio but developed via a third-party developer, a non-exclusive license to access the Content you submit through Fortune Hair Studio and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Fortune Hair Studio's functionality and under these Terms of Service;
11. will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Fortune Hair Studio; and hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Non-Confidentiality And Security
Any communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. In addition, you agree that such information may be freely used by Fortune Hair Studio. Other information such as your credit card details in relation to the purchase of a product will be dealt with using appropriate security and privacy protection.
information from users of our Sites.
Rules Regarding Information And Other Content
Information and materials that you submit to the Site constitute Fortune Hair Studio’s “Content”. You are fully responsible for the content of, and any harm resulting from, that Content. This is the case regardless of the form of said Content. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
(iii) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(iv) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
(v) the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
(vi) the Content is not false, defamatory, discriminatory, libellous or unlawful
Without limiting any of those representations or warranties, Fortune Hair Studio has the right (though not the obligation) to
(i) refuse or remove any content that, in Fortune Hair Studio’s reasonable opinion, violates any Fortune Hair Studio policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any individual or entity for any reason, using Fortune Hair Studio’s sole discretion. Fortune Hair Studio will have no obligation to provide a refund of any amounts previously paid.
General Rules Of User Conduct
We welcome and encourage user interaction on our Site. However, we insist that you agree not to do any
of the following:
(i) impersonate another user;
(ii) violate in any way the rights of others;
(iii) upload or distribute anything that may be harmful to minors;
(iv) upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
(v) use the Site or Services to generate unsolicited email advertisements or spam;
(vi) attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables the Site;
(vii) attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; or use any automatic or manual process to search or harvest information from the Site or Services,
(viii) or to interfere in any way with the proper functioning of the Site and Services.
Fortune Hair Studio provides consumers with the opportunity to purchase products and services (“Products”) from third party suppliers ("Suppliers").
How It Works
By placing an order for a given Product, you make an offer to purchase the Product you have selected. Once you have placed your order, you will receive a confirmation of the purchase and your credit card will be charged for the amount listed on the Site. You are required to create an account in order to purchase any Product. An account is required so we can collect information to enable product purchases and enable you to view your past purchases as well as modify your preferences.
2. Fortune Hair Studio Points
Hair Studio Points are a form of Fortune Hair Studio currency that may be
applied as a credit towards future Fortune Hair Studio purchases. You earn Fortune
Hair Studio points when you make purchases on the Site (RM1 = 1 point).
Fortune Hair Studio Points expire six (6) months after the date of issuance or purchase, except where otherwise stated and communicated clearly and where expiration is prohibited by law. Fortune Hair Studio Points that were purchased will be applied toward future Fortune Hair Studio purchases before earned Fortune Hair Studio Points, even if the earned Fortune Hair Studio Points expire first. Additionally, all Fortune Hair Studio Points, whether purchased or earned, may only be applied towards purchases that are in the same currency as the earned or gifted Fortune Hair Studio Points. Fortune Hair Studio Points are not returnable or refundable for cash, except where required by law. Resale of Fortune Hair Studio Points is strictly prohibited.
3. Universal Terms & Conditions
Unless otherwise stated in the Product description or required by law, the following additional terms apply to all Products:
Neither Fortune Hair Studio nor the Supplier is responsible for lost or stolen Products
Unless stated otherwise at the time a Product is purchased, all prices listed on the Site are all-inclusive of
any service charges
Terms and Conditions are subject to change without prior notice
Pictures are for illustration purposes only
4. Supplier Responsibility
Fortune Hair Studio acts an as agent in selling Products on behalf of our Suppliers, but the Supplier remains the issuer of the Product. As issuer of the Product, the Supplier shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Supplier or its products and services.
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Products or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules using our sole discretion, and you hereby agree to our interpretation.
6. Products Available For Sale
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Fortune Hair Studio reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Product for any product or service to a person residing in any jurisdiction or geographical area. Fortune Hair Studio does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. and you hereby agree to our interpretation.
provide a refund in the form of Fortune Hair Studio Credits if a product you
have purchased is found to be faulty or damaged upon arrival. Requests for a
refund must be submitted within 14 days of receipt of the item.
Disclaimers Of Warranty
The Website is provided “as is”, “as available” and “with all faults”. Fortune Hair Studio and its Suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of supplier ability, fitness for a particular purpose and non-infringement. Neither Fortune Hair Studio nor its Suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitations Of Liability
AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF FORTUNE
HAIR STUDIO. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR
AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR SUPPLIERS, FOR ANY AND ALL
CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF
FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC
SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND
SUPPLIERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE,
OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS
FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES
NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF
OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SUPPLIERS, SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless Fortune Hair Studio, its parent company, officers, directors, employees and agents from and against any and all claims, losses, obligations, liabilities, costs or debt, and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
Reservation Of Rights And Release
Hair Studio reserves the right, but has no obligation, to monitor, or take any
action Fortune Hair Studio deems appropriate regarding disputes that you may
have with other customers of ours or any Suppliers. To the extent the law
permits, you release us from any claims or liability related to any Content
posted on the Site and from any claims related to the conduct of any other
customers of ours or any Suppliers.
Hair Studio site and all its contents are copyrighted materials, protected by
Malaysian and international copyright laws. The compilation of content on our
web site is the exclusive property of Fortune Hair Studio and may not be used
for any other purpose other than as set forth on the site. The services and
information provided herein are solely for your own private use. You are only
permitted to use the Fortune Hair Studio site as expressly authorised. Nothing
contained herein transfers any express or implied right, title or interest in
this web site to you. As between you and us, you retain any intellectual
property rights in any copyrighted materials and trademarks that are contained
in Content that you post to the Site. You grant us an irrevocable, perpetual,
non-exclusive, royalty-free, fully paid, worldwide license, with rights to
sublicense through multiple levels of sublicensees, to reproduce, make
derivative works of, translate, distribute, publicly perform and publicly
display in any form or medium, whether now known or later developed, make, use,
sell, import, offer for sale, otherwise commercially exploit and exercise any
and all such rights, under any and all of your intellectual property rights
related to the Content in any manner we choose. If you have any rights to the
Content that cannot be licensed to us, you unconditionally and irrevocably
waive the enforcement of such rights, and all claims and causes of action of
any kind against us or related to our customers and partners anywhere in the
world, with respect to such rights.
As Fortune Hair Studio asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Fortune Hair Studio.com violates your copyright, you are encouraged to notify Fortune Hair Studio immediately. Fortune Hair Studio will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Fortune Hair Studio or others, Fortune Hair Studio may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Fortune Hair Studio will have no obligation to provide a refund of any amounts previously paid to Fortune Hair Studio.
When you visit our Site, purchase products or services through the Site, or instigate contact with our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would be in writing.Entire Agreement, Changes To This Agreement And Waivers
Governing Law And Dispute Resolution
The Site is controlled by Fortune Hair Studio from Penang, Malaysia. This Agreement, your use of the Site, and all related matters are governed solely by Malaysian laws, excluding any rules of private international law
or the conflict of laws that would lead to the application of any other laws.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (the “KLRCA”), in accordance with the procedures of the KLRCA Rules of Arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a
The place of arbitration will be Penang, Malaysia.
Notwithstanding the foregoing, you or Fortune Hair Studio may seek injunctive relief from an appropriate court
located in Penang, Malaysia prior to or during the arbitration.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You and any persons you represent (on the one hand) and Fortune Hair Studio and Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.