Terms & Conditions
ACCEPTANCE
OF TERMS
Welcome
to Fortune Hair Studio. As a user of the Fortune Hair Studio Site or any Fortune
Hair Studio Services (“you”), you signify your agreement to be bound by the
following Terms of Service ("TOS") as well as our Privacy Policy. Please
read the Terms & Conditions and Privacy Policy carefully before utilizing
the Fortune Hair Studio Site. In the case that you do not agree to these terms,
please refrain from using this Site.
The Gist
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.
Account
Maintenance
You are
required to create an account with Fortune Hair Studio (either by way of
registering directly on our Site or by allowing a Fortune Hair Studio
application to connect through your Facebook profile) in order to access
certain Services on our Site. By using this site, you represent that you will
be responsible for maintaining your account and password and for restricting
access to your computer. You also agree to be responsible for any and all
activities that occur under your password or your account. Fortune Hair Studio
will not be responsible for any loss or damage arising from your failure to
comply with your responsibilities and obligations under these Terms of Use. To
purchase any Products or use the services on this Site, you must open an
account with us and/or provide the required information to us. By entering any
information on this Site, you represent and warrant that: (i) you are at least
18 years of age; (ii) you are using your actual identity; (iii) you have
provided only true, accurate, current and complete information; and (iv) you
will maintain and promptly update the information that you provide to keep it
true, accurate, current and complete.
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.
Privacy
Please
review our Privacy Policy to understand our uses and practices about how we use
and collect
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.
(iii)
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.
Other
Sites
The Site
includes links to other websites or resources and businesses operated by
Affiliates and Providers or other persons (collectively, "Other
Sites"). Other Sites are independent from Fortune Hair Studio, may have
different or inconsistent privacy notices or terms of use, and Fortune Hair
Studio has no responsibility or liability for or control over Other Sites,
their business, goods, services, or content. Links to Other Sites are provided
solely for your convenience. By using Fortune Hair Studio you expressly relieve
us from any and all liability arising from your use of any third party website.
1. Products
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
Fortune
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.
5. Promotions
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.
7. Refunds
We will
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.
Termination
Fortune
Hair Studio may, at any time and for any reason and in its discretion: (a)
change, suspend or terminate, temporarily or permanently, the Web Site or any
part of it; or (b) restrict, suspend or terminate (in whole or in part) your
permission to access or use the Web Site; all without any notice or liability to
you or any other person. If this Agreement or your permission to access or use
the Web Site is terminated by you, or by a person you represent, or by Fortune
Hair Studio, then: (a) this Agreement and all other then existing agreements
between Fortune Hair Studio and any persons you represent will continue to
apply and be binding upon you and any persons you represent, jointly and
severally, regarding your prior access to and use of the Web Site, and anything
connected with, relating to or arising there from; and (b) Fortune Hair Studio
may continue to use and disclose your personal information in accordance with
the Web Site Privacy Policy as amended from time to time.
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
YOUR SOLE
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.
Indemnity
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
Fortune
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.
Intellectual
Property
The Fortune
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.
Copyright
Notice
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.
Electronic
Communications
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
These
Terms of Service, together with the Privacy Policy and any other legal notices
published by Fortune Hair Studio on the Site or any Deal Product, shall
constitute the entire agreement between you and Fortune Hair Studio concerning Fortune
Hair Studio. Fortune Hair Studio may, in its discretion, change, supplement or
amend this Agreement as it relates to your future use of the Web Site from time
to time, for any reason, and without any prior notice or liability to you or
any other person. You may not change, supplement, or amend this Agreement in
any manner. Your use of the Site and Services after any modifications to the
Agreement indicates that you agree to such modified Agreement. Any changes to
this Agreement (other than as set forth in this paragraph) or waiver of Fortune
Hair Studio’s rights hereunder shall not be valid or effective except in a
written agreement bearing the physical signature of an officer of Fortune Hair
Studio. No purported waiver or modification of this Agreement by Fortune Hair
Studio via telephonic or email communications shall be valid.
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
single
arbitrator.
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.
General
Terms
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.