Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE” CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY HOWIMETMYWEDDINGDRESS.COM, A PROPERTY OF JADEFFAIRS SDN. BHD. (“HIMMWD”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.HOWIMETMYWEDDINGDRESS.COM (THE “SITE”) AND ALL SERVICES PROVIDED BY HIMMWD ON THE SITE.

 

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

 

1. HIMMWD is a Venue

HIMMWD acts as a venue to allow users who comply with HIMMWD's policies to offer, sell and buy certain goods within a fixed-price format. HIMMWD is not directly involved in the transaction between buyers and sellers. As a result, HIMMWD has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. HIMMWD does not pre-screen users or the content or information provided by users. HIMMWD cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, HIMMWD does not transfer legal ownership of items from the seller to the buyer.

HIMMWD cannot guarantee the true identity, age, and nationality of a user. HIMMWD encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that HIMMWD is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on HIMMWD. You use the HIMMWD service at your own risk.

 

2. Fees and Services

Joining and setting up an account on HIMMWD is free. HIMMWD only charges a listing fee for listing an item for sale. HIMMWD does not charge a commission when the item sells. Listings for all items are until the item is sold. No refunds will be given once a listing has been posted. HIMMWD's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the fees policy and the fees for HIMMWD's services are effective after HIMMWD provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, HIMMWD may choose to temporarily change the fees policy and the fees for HIMMWD’s services for promotional events (for example, free listing days); such changes are effective when HIMMWD posts the temporary promotional event on the Site. HIMMWD may, at HIMMWD’s sole discretion, change some or all of HIMMWD’s services at any time. In the event HIMMWD introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Ringgit Malaysia (RM).

You are responsible for paying all fees and applicable taxes associated with using HIMMWD. HIMMWD keeps accepted payment information on file.

Listing fees:
Each listing on HIMMWD costs RM 35 when the listing is published. This is a one-time listing fee. Listings for all dresses are until the dress is sold. No refunds will be given once a listing has been posted.

Commission fee:
HIMMWD does not charge a commission when the item sells.

Advertising fees:
HIMMWD offers advertising opportunities to increase the visibility of your dresses and shop. Advertising fees vary by opportunity. Ad fees will be clearly outlined before you commit to purchasing an ad.

Currency conversion:
All fees on HIMMWD are in Ringgit Malaysia.

 

3. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with HIMMWD’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your HIMMWD listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. You may not misrepresent the item's location, or use another user's account without permission.

 

4. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to HIMMWD and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on HIMMWD.

Restricted Activities: Your Content and your use of HIMMWD shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including HIMMWD staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  6. Be obscene or contain pornography
  7. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  8. Host images not part of a listing
  9. Modify, adapt or hack HIMMWD or modify another website so as to falsely imply that it is associated with HIMMWD
  10. Appear to create liability for HIMMWD or cause HIMMWD to lose (in whole or in part) the services of HIMMWD‘s ISPs or other suppliers
  11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on HIMMWD.

Furthermore, you may not list any item on HIMMWD (or consummate any transaction that was initiated using HIMMWD 's service) that, by paying to HIMMWD the listing fee or the final value fee, could cause HIMMWD to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

 

5. Content

License: HIMMWD does not claim ownership rights in your Content. You grant HIMMWD a license solely to enable HIMMWD to use any information or Content you supply HIMMWD with, so that HIMMWD is not violating any rights you might have in that Content. You grant HIMMWD a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow HIMMWD to store or re-format your Content on HIMMWD and display your Content on HIMMWD in any way as HIMMWD chooses. HIMMWD will only use personal information in accordance with HIMMWD's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another HIMMWD user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for HIMMWD-related communications. HIMMWD has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any HIMMWD user to your email or physical mail list. For more information, see HIMMWD's Privacy Policy.

Re-Posting Content: By posting Content on HIMMWD, it is possible for an outside website or a third party to re-post that Content. You agree to hold HIMMWD harmless for any dispute concerning this use.

Idea Submissions: HIMMWD considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and HIMMWD shall not be liable for the disclosure or use of such Material. If, at HIMMWD's request, any member sends Material to improve the site (for example through the Forums or to customer support), HIMMWD will also consider that Material to be non-confidential and non-proprietary and HIMMWD will not be liable for use or disclosure of the Material. Any communication by you to HIMMWD is subject to this Agreement. You hereby grant and agree to grant HIMMWD, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

 

6. Meetings

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with HIMMWD's policies and acknowledge and agree to comply with the laws of the city, and country in which the Meeting occurs.

HIMMWD does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that HIMMWD does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

 

7. Disputes and Release
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Kuala Lumpur, Malaysia except that, to the extent you have in any manner violated or threatened to violate HIMMWD’s intellectual property rights, HIMMWD may seek injunctive or other appropriate relief in any state or federal court in Malaysia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the Kuala Lumpur Regional Centre for Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration.

Should you have a dispute with one or more users, or an outside party, you release HIMMWD (and HIMMWD’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. HIMMWD will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute.

HIMMWD encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

HIMMWD, for the benefit of users, may try to help users resolve disputes. HIMMWD does so in HIMMWD’s sole discretion, and HIMMWD has no obligation to resolve disputes between users or between users and outside parties. To the extent that HIMMWD attempts to resolve a dispute, HIMMWD will do so in good faith based solely on HIMMWD’s policies. HIMMWD will not make judgments regarding legal issues or claims.

 

8. HIMMWD’s Intellectual Property

HIMMWD, and other HIMMWD graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Jadeffairs Sdn Bhd. in Malaysia and/or other countries. HIMMWD's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
 

9. Breach

Without limiting any other remedies, HIMMWD may, without notice, and without refunding any fees, delay or immediately remove Content, warn HIMMWD’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

HIMMWD suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; HIMMWD is unable to verify or authenticate any of your personal information or Content; or HIMMWD believes that a user is acting inconsistently with the letter or spirit of HIMMWD's policies, has engaged in improper or fraudulent activity in connection with HIMMWD or the actions may cause legal liability or financial loss to HIMMWD's users or to HIMMWD.

 

10. Privacy

Except as provided in HIMMWD's Privacy Policy HIMMWD will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. HIMMWD stores and processes Content on computers located in Malaysia that are protected by physical as well as technological security.

 

11. No Warranty

HIMMWD, HIMMWD'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND HIMMWD'S SUPPLIERS PROVIDE HIMMWD'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HIMMWD, HIMMWD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND HIMMWD'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM HIMMWD SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

12. Liability Limit

IN NO EVENT SHALL HIMMWD, AND (AS APPLICABLE) HIMMWD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR HIMMWD’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, HIMMWD'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

 

HIMMWD'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF HIMMWD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO HIMMWD IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) RM100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

13. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HIMMWD AND (AS APPLICABLE) HIMMWD’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 

14. No Guarantee

HIMMWD does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside HIMMWD’s control.

 

15. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any HIMMWD service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on HIMMWD’s net income).

 

16. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

 

17. No Agency

You and HIMMWD are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

18. HIMMWD Service

HIMMWD reserves the right to modify or terminate the HIMMWD service for any reason, without notice, at any time. HIMMWD reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If HIMMWD makes a material change HIMMWD will notify you here, by email, by means of a notice on our home page, or other places HIMMWD deems appropriate. What constitutes a "material change" will be determined at HIMMWD’s sole discretion, in good faith, and using common sense and reasonable judgment.

 

19. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of Malaysia.

 

20. Survival

Sections 2 (Fees and Services, Fees and Termination), 5 (Content, License), 6 (Meetings, User Fees), 7 (Disputes and Release), 8 (HIMMWD's Intellectual Property), 9 (Breach), 10 (Privacy), 11 (No Warranty), 12 (Liability Limit), 13 (Indemnity), 14 (No Guaranty), 16 (Severability), 17 (No Agency), 19 (Choice of Law) shall survive any termination or expiration of this Agreement.

 

21. Contact

HIMMWD can be reached as follows:

By Mail:

Attention: Customer Service

Jadeffairs Sdn Bhd

8.03, 8th Floor, First Nationwide,

161 Jalan Tun H S

50000, Kuala Lumpur

Malaysia

By Email:

contact@howimetmyweddingdress.com

 

22. Disclosures

The services hereunder are offered by Jadeffairs Sdn. Bhd., located at 8.03, 8th Floor, First Nationwide, 161 Jalan Tun H S, 50000, Kuala Lumpur, Malaysia.

 

 

 

 



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