General
Welcome to Garment Circle. Your use of the website, accessible at https://garmentcircle.com, and its associated services (referred to collectively as the "Platform") is subject to the following Terms of Use ("Terms") and our Privacy Notice. By accessing, using, downloading, or installing the Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms and the Privacy Notice.
Garment Circle, the company providing this Platform, invites you to carefully review these Terms, as they constitute a legally binding agreement between you (referred to herein as "Customer", "end user(s)" or "you") and Garment Circle. If you do not agree with any provision of these Terms or the Privacy Notice, please refrain from accessing or using the Platform.
It is important to note that we may update, modify, or revise these Terms from time to time. Any changes will become effective immediately upon being posted on the Platform. It is your responsibility to periodically review these Terms for updates. Your continued use of the Platform after the posting of changes indicates your acceptance of the modified Terms.
Furthermore, as a user of the Platform, you are subject to our Privacy Notice, which details our practices concerning the collection, use, and disclosure of your information. By accessing and using the Platform, you consent to the practices outlined in the Privacy Notice.
User Representation
By accessing and utilizing the services on this website, the User makes the following representations:
The User affirms the accuracy, completeness, and currency of all information provided during registration and use of the services, including personal details and contact information. If the User is accessing the services on behalf of a business, organization, or legal entity, they assert that they possess the authority to bind such entity to these Terms of Use and have the necessary legal capacity and authority to enter into this agreement. The User commits to complying with all applicable laws, regulations, and third-party agreements while utilizing the services, encompassing data protection, intellectual property, and online conduct. The User assures that they will not engage in activities that contravene these Terms of Use or any applicable laws. Prohibited activities include, but are not limited to, unauthorized access, interference with website functionality, and any form of illegal or unethical behaviour. If the User is under 18 years of age, they affirm that they have obtained the requisite consent from a parent or legal guardian to use the services. The User recognizes that certain features or content may be restricted based on age. The User acknowledges that they have read, comprehended, and agreed to be bound by all the terms and conditions outlined in these Terms of Use, including any additional guidelines, policies, or terms referenced herein. The User commits to promptly notifying the website of any changes to their information provided during registration to ensure its accuracy and currency. The User is responsible for maintaining the confidentiality and security of their account credentials, acknowledging that they will be held accountable for any activities conducted through their account. By using the services, the User affirms these representations and warranties, understanding that any violation may result in the suspension or termination of their account and access to the services.
Eligibility
For the purposes of these Terms of Use, the term "End Users" refers to individual users designated by the Customer to access and utilize the services provided on the website.
Business Use:
The website and all services contained within or accessible through the website are designed for business use. Therefore, they are generally only available to users representing a business or utilizing the services for individual business purposes.
Verification of Business Status:
Users, especially those representing businesses (Business-to-Business Users), may be required to provide information or documentation to verify their engagement in commercial activities. Such information may include, but is not limited to, company registration details, tax identification numbers, or other relevant business documentation.
Authorization to Represent an Organization:
Users accessing the services on behalf of an organization or representing themselves through an organization must warrant that they are authorized to use the service and enter into this agreement on behalf of the organization. By accessing the services, such users acknowledge that they have the authority to bind the organization to these Terms of Use.
Age Restriction:
The website is intended for use by individuals who are 18 years of age or older. If you are under the age of 18, you are not permitted to use the website or its services. By accessing the website, you affirm that you are at least 18 years old or that you have the consent of a parent or legal guardian to use the website.
Prohibited Activities
By utilizing the services on this website, users explicitly agree to refrain from engaging in the following prohibited activities, each defined below:
Users found to be in violation of any of these prohibited activities may face account suspension or termination, and the website reserves the right to take legal action where appropriate. The website may also report such activities to law enforcement authorities.
Intellectual Property
1. Our Intellectual Property:
1.1 Ownership: All content on the Garment Circle website, including but not limited to text, software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features ("Companies Content"), is owned by or licensed to Garment Circle.
1.2 Trademark and Service Marks: The trademarks, service marks, and logos contained in the Companies Content are the exclusive property of Fashion Brand Lab. Users are prohibited from using, reproducing, or distributing these marks without the express written consent of Garment Circle.
1.3 Restrictions: Users agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Garment Circle website or Companies Content.
2. Your Use of Our Services:
2.1 Grant of License: Subject to compliance with all legal terms outlined in this agreement, Garment Circle grants Users a non-transferable, non-exclusive, and revocable license to access and use the services contained within the website for personal or internal business purposes.
2.2 Scope of License: The license granted herein does not convey any ownership or proprietary interest in the Garment Circle website or Companies Content. Users acknowledge that the license is revocable at the discretion of Supplier Circle.
2.3 Usage Restrictions: Users shall not use the services for any unlawful or prohibited purpose, and they agree to comply with all applicable laws and regulations. Any unauthorized use of the Garment Circle website or Companies Content is expressly prohibited.
2.4 Termination of License: Supplier Circle reserves the right to terminate the license granted to Users at any time and for any reason without notice. Upon termination, Users must cease all use of the Supplier Circle website and Companies Content.
User Registration and Memberships
1. Subscription Plans:
1.1 Garment Circle offers various subscription plans, each associated with predefined fees. The details of these subscription plans and their corresponding fees can be found on our website prior to registration.
2. Registration and Subscriptions:
2.1 Registration Process: Users must complete the registration process by providing the specific information outlined in our Privacy Policy, accessible at [https://garmentcircle.com/privacy-policy]. By registering, users warrant that the information provided is complete, accurate, and up-to-date.
2.2 Subscription Plans: During the registration process, users will be required to select a fee-based subscription plan. The pricing for these plans is available on our website. Users acknowledge that the chosen subscription plan is subject to the terms outlined in this agreement.
3. Payments and Billing:
3.1 Payment Information: When subscribing to a fee-based membership plan, users may be required to provide certain information relevant to the purchase, including but not limited to the company name, billing address, credit/debit card number, and expiration date.
3.2 Authorization and Responsibility: Users warrant that they have authorized, unrestricted, and legally permitted the use of any payment methods used in connection with the subscription fee. Garment Circle utilizes the services of Stripe, Inc. for processing all subscription fees.
3.3 Sales Taxes: It is the user's responsibility to ensure the payment of any sales taxes that may be applicable. Garment Circle is not liable for any claims related to taxes, and users shall hold Garment Circle harmless in this regard.
3.4 Subscription Commencement and Billing: A subscription initiates on the day a user signs up using a valid payment method. Users shall be billed at the time of the initial payment and subsequently on a recurring basis, aligned with the selected subscription type.
3.5 Automatic Renewal and Termination: Subscriptions will automatically renew unless terminated following the stipulated cancellation instructions. The payment method employed for the initial subscription payment shall be automatically billed based on the chosen subscription plan (monthly or six-monthly).
3.6 Membership Termination: Users possess the right to terminate their membership at their discretion. To prevent automatic renewals and subsequent payments, users are required to execute the cancellation of their subscription within 7 working days of the next billing cycle. The effective date for the cancellation of the plan shall coincide with the conclusion of the ongoing paid term.
3.7 Non-Refundable Sales: All sales are non-refundable. Upon membership cancellation, users expressly acknowledge and agree that they shall not be entitled to a refund for any remaining time on their subscription.
3.8 Price Changes: Garment Circle reserves the right to alter the pricing of subscription plans. Users will be notified 30 days prior to any changes, and continued use of the subscription plan after the effective date constitutes acceptance of the new pricing.
4. Third-Party Websites:
4.1 Disclaimer: Garment Circle is not responsible or liable for any payments made on third-party websites that may be linked from our website. Users acknowledge that any transactions on such third-party websites are governed by the terms and policies of those respective websites.
By registering for a subscription plan and using Garment Circle's services, users agree to comply with the terms and conditions outlined in this User Registration and Memberships Clause.
5. Chargebacks:
Users of Garment Circle's services acknowledge that Garment Circle reserves the right to dispute any chargebacks initiated by users. Users agree to contact Garment Circle to attempt resolution before initiating a chargeback. Garment Circle may assess additional fees or costs associated with the dispute resolution process. Users who initiate chargebacks without attempting resolution may face suspension or termination of access to Garment Circle 's services.
Term and Termination
1. Term:
1.1 Commencement: The term of this agreement ("Terms of Use") shall commence upon the user's acceptance of these terms and continue until terminated in accordance with the provisions herein.
2. Termination by User:
2.1 Voluntary Termination: Users may voluntarily terminate this agreement at any time by ceasing to use Fashion Brand Lab's services and notifying Fashion Brand Lab of their intention to terminate.
3. Termination by Garment Circle:
3.1 Breach of Terms: Garment Circle reserves the right to terminate this agreement and deny access to its services if users breach any provision of these Terms of Use or engage in conduct that Garment Circle, in its sole discretion, deems unacceptable.
3.2 Inactivity: Garment Circle may terminate a user's account due to prolonged inactivity, as determined by Garment Circle in its sole discretion.
3.3 Legal Requirements: Garment Circle may terminate this agreement if continued provision of the services would violate any applicable law or regulation.
4. Effect of Termination:
4.1 User Obligations: Upon termination of this agreement, users must immediately cease all use of Garment Circle's services. Termination does not relieve users of any obligation or liability incurred prior to the effective date of termination.
4.2 Retention of Rights: Garment Circle reserves the right to retain and use user data in accordance with its Privacy Policy, even after termination, to the extent necessary to comply with legal obligations or enforce its rights.
5. Survival:
5.1 Surviving Provisions: The sections of these Terms of Use that, by their nature, should survive termination, including but not limited to, intellectual property provisions, disclaimers, limitations of liability, and indemnity clauses, shall survive the termination of this agreement.
6. Modification or Discontinuation:
6.1 Garment Circle's Right: Garment Circle reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. Users agree that Garment Circle shall not be liable to them or any third party for any modification, suspension, or discontinuation of the services.
Modifications and Interruptions
1. Modifications to Services:
1.1 Right to Modify: Garment Circle reserves the right to modify, update, or make changes to its services, including but not limited to features, functionality, and content, at any time without prior notice to users.
2. Interruptions to Services:
2.1 Unforeseen Interruptions: Users acknowledge that interruptions, outages, or disruptions to services may occur due to unforeseen circumstances, technical issues, maintenance, or events beyond the control of Garment Circle.
2.2 No Liability for Interruptions: Garment Circle shall not be liable for any losses, damages, or inconveniences suffered by users as a result of interruptions or unavailability of its services. This includes, but is not limited to, interruptions due to system failures, server outages, or other technical issues.
3. User Acknowledgement:
3.1 Acceptance of Modifications: By continuing to use Garment Circle's services after any modifications, users acknowledge and agree to be bound by the updated terms and conditions.
3.2 Understanding of Interruptions: Users understand and accept that interruptions to services may occur, and Garment Circle shall not be held responsible for any consequences arising from such interruptions.
4. Force Majeure:
4.1 Exceptional Circumstances: Garment Circle shall not be liable for any failure or delay in the performance of its services if such failure or delay is due to causes beyond its reasonable control, including but not limited to, acts of nature, war, terrorism, power outages, or equipment failures.
5. User Responsibility:
5.1 Regular Review: Users are responsible for regularly reviewing the Terms of Use and any updates to stay informed about modifications to services.
Disclaimer and Warranties
THE PRODUCT IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. The user agrees that any usage of GARMENT CIRCLE's product is at their sole risk. GARMENT CIRCLE acts as a provider of information, with the majority sourced from the web or direct sources. Therefore, the information and content provided may not be accurate. GARMENT CIRCLE has no legal liability or responsibility to ensure the accuracy or completeness of the information or data, though diligent efforts are made to be accurate with the information provided. Fashion Brand Lab makes no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services. Fashion Brand Lab assumes no liability or responsibility for errors, mistakes, inaccuracies, personal injury, or property damages that may arise from the use of the services. This includes, but is not limited to, unauthorized access, interruption or cessation, bugs, viruses, trojan horses transmitted through the services by third parties, or any loss or damages of any kind incurred as a result of the content posted or made available through the services. The use of the service/product is at the user’s own risk. Users acknowledge and accept that GARMENT CIRCLE is not liable for any direct, indirect, incidental, consequential, or special damages resulting from the use or inability to use the services. This includes, but is not limited to, damages for personal injury, property damage, unauthorized access, interruptions, bugs, viruses, or any loss or damages of any kind incurred as a result of the content posted or made available through the services. Fashion Brand Lab takes no responsibility for the use of third-party websites linked or hyperlinked within the services. We are not responsible for the content or terms of any third-party website and do not monitor any transaction that may occur between users and third parties. There are no warranties, express or implied, associated with the use of Fashion Brand Lab's services. This includes, but is not limited to, the absence of warranties of merchantability, fitness for a particular purpose, or non-infringement. Users are advised to use the services with an understanding of these disclaimers and limitations.
Limitations of Liability
GARMENT CIRCLE, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with the use or inability to use the services provided by GARMENT CIRCLE. To the maximum extent permitted by applicable law, GARMENT CIRCLE and its affiliates disclaim any and all liability for any direct damages that exceed the total fees paid by the user for the services during the THREE (3) months preceding the claim. GARMENT CIRCLE shall not be liable for any content posted or transmitted through the services, or for any offensive, defamatory, or illegal conduct of any third party. The user acknowledges that the risk of harm or damage from the foregoing rests entirely with them. Fashion Brand Lab's services may include links to third-party websites or resources. Users acknowledge and agree that GARMENT CIRCLE is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fashion Brand Lab of such websites or resources or the content, products, or services available from such websites or resources. NOTICE: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
The user agrees to indemnify and hold harmless Garment Circle, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or in any way related to: 1) The user's use of Garment Circle's services. 2) The user's violation of these terms of use or any applicable laws. 3) Any content or materials provided or made available by the user through Garment Circle's services. 4) The user's violation of any rights of another party, including but not limited to intellectual property rights or privacy rights.
Garment Circle reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate with Garment Circle in asserting any available defences.
Confidentiality
1. Definition of Confidential Information:
For the purposes of these terms, "Confidential Information" refers to any non-public information, including but not limited to trade secrets, business plans, strategies, financial information, technical data, customer lists, and any other proprietary information disclosed by Garment Circle to the user.
2. Obligations of Confidentiality:
The user acknowledges and agrees to maintain the confidentiality of all Confidential Information disclosed by Garment Circle and agrees not to disclose, reproduce, or use such information for any purpose other than the intended use of Garment Circle's services.
3. Limited Disclosure:
The user shall restrict disclosure of Confidential Information to employees or agents who have a legitimate need to know such information for the purpose of utilizing Garment Circle's services. The user shall ensure that such employees or agents are bound by confidentiality obligations equivalent to those set forth in these terms.
4. Exceptions:
The obligations of confidentiality shall not apply to information that (a) is or becomes publicly known through no fault of the user, (b) is rightfully obtained by the user from a third party without breach of any confidentiality obligation, or (c) is independently developed by the user without reference to or reliance upon Garment Circle's Confidential Information.
5. Use Restrictions:
The user shall not use the Confidential Information for any purpose other than the use of Garment Circle's services. No license or ownership rights are granted to the user, expressly or by implication, under any patent, trademark, copyright, or other intellectual property right owned or controlled by Garment Circle.
6. Return or Destruction:
Upon termination of the user's access to Garment Circle's services or at the written request of Garment Circle, the user shall promptly return or, at Garment Circle's option, destroy all copies of Confidential Information in the user's possession or control.
7. Injunctive Relief:
The user acknowledges that a breach of this confidentiality clause may cause irreparable harm to Garment Circle, and in the event of such breach, Garment Circle shall be entitled to seek injunctive or other equitable relief without the necessity of posting a bond.
Miscellaneous
Entire Agreement:
These Terms of Use, together with any additional documents expressly incorporated herein by reference, constitute the entire agreement between the user and Garment Circle ("Company") regarding the use of the website. These terms supersede all prior negotiations, understandings, and agreements, whether oral or written, relating to the subject matter herein.
Severability:
In the event that any provision of these Terms of Use is deemed invalid, illegal, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that most closely aligns with the original intent of the parties.
Waiver of Rights and Injunction:
No waiver by Garment Circle of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure of Garment Circle to assert a right or provision under these terms shall not constitute a waiver of such right or provision. Garment Circle reserves the right to seek injunctive or other equitable relief in case of any violation of these terms.
Assignment of Rights:
The user agrees that Garment Circle may assign its rights and/or delegate its obligations under these Terms of Use, in whole or in part, to any third party as Garment Circle may determine in its sole discretion. Users may not assign or transfer their rights or obligations under these terms without the prior written consent of Garment Circle.
Contact us
For any questions or concerns regarding these Terms of Use, users may contact Garment Circle at hello@garmentcircle.com.