Terms Of Service

A. GENERAL PROVISIONS

1. Introduction.

These Terms contained herein on this webpage, shall govern your use of this website, including all pages within this Website.

These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full.

You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age).

2. The Services

FASHION MAP is provided by and a product of FASHIONMAP AFRICA LIMITED.

The Services under this terms of Use constitute a technology platform that enables users of Fashion Map’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule tailoring and fashion designing services with independent third party providers of such services, including independent third party fashion designers and independent third party tailoring service providers under agreement with Fashion Map or certain of Fashion Map’s affiliates (“Third Party Providers”).

Unless otherwise agreed by FASHIONMAP in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

YOU ACKNOWLEDGE THAT FASHION MAP DOES NOT PROVIDE FASHION DESIGNING AND TAILORING SERVICES OR FUNCTION AS A FASHION DESIGNER OR FASHION ACCESSORY PROCUREMENT ORGANISATION AND THAT ALL SUCH FASHION DESIGNING AND TAILORING SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY FASHION MAP OR ANY OF ITS AFFILIATES.

3. Intellectual Property Rights.

FASHIONMAP LIMITED and its licensors solely own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

4. Restrictions.

4.1. By using this website, you are expressly and emphatically restricted from all of the following:

4.1.1. Publishing any Website material or content in any media EXCEPT for the purpose of disseminating valuable information as a way of creating awareness;

4.1.2. Sharing the website’s materials with a third party via file sharing devices which includes but not limited to Bluetooth, Flashshare, Zender, USB ports and digital transfers, Facebook Inbox or Messenger, Instagram, Twitter, WhatsApp, Drop Box, iCloud, Google drive and all forms of cloud drives.

4.1.3. Selling, sublicensing and/or otherwise commercializing any Website material or content;

4.1.4. Publicly performing and/or showing any Website material or content without proper authorization sought and obtained;

4.1.5. Using this Website in any way that is, or may be, damaging to this Website;

4.1.6. Using this Website in any way that impacts user access to this Website;

4.1.7. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

4.1.8. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

4.1.9. Using this Website to engage in any advertising or marketing without proper authorization;

4.2. FASHIONMAP may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

5. Suspension or Termination of Access

FASHIONMAP have the right to deny your access to, and suspend or terminate your access to, the Site for any reason, including for any violation by you of these Terms of Use.

6. Communications and Notices to You

- By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached.

- You agree that we may contact you in any way, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

- You agree that we may provide notice to you by posting it on our website or emailing it to the email address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent.

- Kindly be advised, once an order has been placed by a customer and accepted by a service provider, the Customer is at liberty to contact the client any time in the day except parties agree otherwise.

7. Ownership.

The Services and all rights therein are and shall remain FASHIONMAP's property or the property of FASHIONMAP's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner FASHIONMAP's company names, logos, product and service names, trademarks or services marks or those of FASHIONMAP's licensors.

8. Third Party Services and Content.

- The Services may be made available or accessed in connection with third party services and content (including advertising) that FASHIONMAP does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. FASHIONMAP does not endorse such third party services and content and in no event shall FASHIONMAP be responsible or liable for any products or services of such third party providers.

- Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

9. Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. FASHIONMAP does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

10. Disclaimer, Limitation of Liability and Indemnification.

10.1. Disclaimer.

The services are provided "as is" and "as available." FASHIONMAP disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, FASHIONMAP makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. FASHIONMAP does not guarantee the quality, suitability, safety or ability of third party providers.

You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

We try to keep FASHIONMAP available at all times, bug-free and safe, however, you use it at your own risk.

We do not guarantee the accuracy of any User Content or Third Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User of the Site or Service.

We do not guarantee and does not promise any specific results from use of the Site and/or the Service to obtain a loan.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.

We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.

10.2. Limitation of liability.

- FASHIONMAP shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of FASHIONMAP, even if FASHIONMAP has been advised of the possibility of such damages.

- FASHIONMAP shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if FASHIONMAP has been advised of the possibility of such damages.

- FASHIONMAP shall not be liable for delay or failure in performance resulting from causes beyond FASHIONMAP's reasonable control. You acknowledge that third party providers providing fashion designing and tailoring services requested through some request products may offer shared services with other designers for products and may not be professionally licensed or permitted.

- The services may be used by you to request and schedule fashion designing and tailoring services with third party service providers, but you agree that FASHIONMAP has no responsibility or liability to you related to any fashion designing and tailoring services provided to you by third party providers other than as expressly set forth in these terms.

- The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, FASHIONMAP’s liability shall be limited to the extent permitted by law. This provision shall have no effect on FASHIONMAP’s choice of law provision set forth below.

10.3. Indemnity.

You agree to indemnify and hold FASHIONMAP and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the services or services or goods obtained through your use of the services; (ii) your breach or violation of any of these terms; (iii) FASHIONMAP's use of your user content; or (iv) your violation of the rights of any third party, including third party providers.

You hereby indemnify to the fullest extent, FASHIONMAP from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

11. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions stated in this terms and condition.

state and federal courts and arbitrary panels located in NIGERIA for the resolution of any disputes.

B. THE SERVICE PROVIDER’S TERMS OF USE

1. Access and Use of the Services

1.1. User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to FASHIONMAP certain personal information, such as your name, registered address of your business, contact address and mobile phone number and age, as well as at least one valid payment method supported by FASHIONMAP. You agree to maintain accurate, complete, and up-to-date information in your Account.

Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by FASHIONMAP in writing, you may only possess one Account.

1.2. User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

1.3. Text Messaging and Telephone Calls.

You agree that FASHIONMAP may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an FASHIONMAP account, including for marketing purposes. You understand that you are not

12. Variation of Terms and Modification

FASHIONMAP is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such updated terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

13. Assignment.

FASHIONMAP shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms without authorization.

14. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between FASHIONMAP and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

15. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of Federal Republic of Nigeria and you submit to the non-exclusive jurisdiction of the state and federal courts and arbitrary panels located in NIGERIA for the resolution of any disputes.

B. THE SERVICE PROVIDER’S TERMS OF USE

1. Access and Use of the Services

1.1. User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to FASHIONMAP certain personal information, such as your name, registered address of your business, contact address and mobile phone number and age, as well as at least one valid payment method supported by FASHIONMAP. You agree to maintain accurate, complete, and up-to-date information in your Account.

Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by FASHIONMAP in writing, you may only possess one Account.

1.2. User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

1.3. Text Messaging and Telephone Calls.

You agree that FASHIONMAP may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an FASHIONMAP account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from FASHIONMAP at any time, either by texting the word “STOP” to …… using the mobile device that is receiving the messages, or by contacting hello@fashionmap.app. If you do not choose to opt out, FASHIONMAP may contact you as outlined in its User Privacy Statement, located at www.partner.fashionmap.app/privacy.

1.4. User Provided Content.

FASHIONMAP may, in FASHIONMAP's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to FASHIONMAP through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to FASHIONMAP, you grant FASHIONMAP a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and FASHIONMAP's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant FASHIONMAP the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor FASHIONMAP's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by FASHIONMAP in its sole discretion, whether or not such material may be protected by law. FASHIONMAP may, but shall not be obligated to, review, monitor, or remove User Content, at FASHIONMAP's sole discretion and at any time and for any reason, without notice to you.

C. THE CUSTOMER’S TERM OF USE

1. Access and Use of the Services

1.1. User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise.

Account registration requires you to submit to FASHIONMAP certain personal information, such as your name, registered address of your business, contact address and mobile phone number and age, as well as at least one valid payment method supported by FASHIONMAP.

You agree to maintain accurate, complete, and up-to-date information in your Account. The accurate account information provided by you shall be for the purpose of contracting the service provider for his/her services. By accepting the order and proceeding with any service provider, you hereby do not have any privy of contract with FASHIONMAP anymore, rather the priviity of contract now exists between you and the service provider.

Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by FASHIONMAP in writing, you may only possess one Account.

1.2. User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

1.3. User Provided Content.

FASHIONMAP may, in FASHIONMAP's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to FASHIONMAP through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to FASHIONMAP, you grant FASHIONMAP a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and FASHIONMAP's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant FASHIONMAP the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor FASHIONMAP's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by FASHIONMAP in its sole discretion, whether or not such material may be protected by law. FASHIONMAP may, but shall not be obligated to, review, monitor, or remove User Content, at FASHIONMAP's sole discretion and at any time and for any reason, without notice to you.

Last modified December 2018