ADDITIONAL TERMS AND CONDITIONS: DESIGNER BAG SUBSCRIBER TERMS AND CONDITIONS
STYLETHEORY TERMS OF SERVICE
The following Terms of Service (“Terms”) between you (“you” or “your”) and StyleTheory Private Limited (“we,” “our,” or “us,”) describes the terms and conditions on which you may access and use the website located at hk.styletheory.co/bags (the “Site”), the mobile app (the “App”) and related services (together with the Site, the App, and the Content, as defined below, the “Services”). By authorizing a charge for the subscription to the service, you acknowledge that you have read, understood and agreed to be bound by these Terms (“Agreement”).
This agreement is to be read together with StyleTheory Terms of Services. In the event of any conflict or inconsistency between any of the Additional Terms with any of the Conditions as supplemented by the Additional Terms, these Additional Terms shall prevail and the Conditions as supplemented by these Additional Terms, shall be deemed to have been amended to the extent necessary to give effect to the Additional Terms.
ONCE YOU AGREE TO THIS AGREEMENT, IT WILL REMAIN IN EFFECT UNTIL YOU OR THE STYLETHEORY TERMINATES IT. PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES.
1 November 2018
Notice Of Agreement To Arbitrate and Class Action Waiver
By accepting these Terms, you are agreeing to the Arbitration Agreement (unless you follow the opt out procedure described below) and class action waiver described in these Terms (see “Class Action Waiver” to resolve any disputes with StyleTheory).
ABOUT THE SERVICES
Through the Services, we aim to give you access to beautiful designer Bags (“Bags”), stylist advice and other content to help you decide which items are perfect for you.
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 14 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 14 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent any clothing or bags (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 14 and 18, you are fully responsible for his or her use of the Services and the rental of any Products, including all legal liability he or she may incur.
MODIFICATION OF THE SERVICES OR THE TERMS
StyleTheory may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, StyleTheory will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to StyleTheory upon registration.
IDENTITY VERIFICATION AND CREDIT RISK ASSESSMENT
Identity verification and credit risk assessment is necessary to prevent fraud and keep the community safe. StyleTheory may request prior to or during the course of the subscription one or more of the following:
a. Selfie taken together with HKID or Passport (“ID”)
b. Provision of documentation for the purposes of assessing credit risk
c. Placement of a hold on your credit card
StyleTheory reserves the right to fail a verification at its sole discretion and terminate a subscription effective immediately.
Subscription to StyleTheory Designer Bag entitles you to rent one Bag per Complete Billing Cycle.
You can be subscribed to a maximum of two subscriptions at any one point in time.
Each bag can be rented for a maximum of 2 months starting from the day it is delivered. A late fee of HKD30 per day will be chargeable for every day (inclusive of weekends and public holidays) beyond the 2 months up until the bag is received in our warehouse.
The minimum subscription period is one month and there will not be any refunds payable for any request for early termination of the subscription prior to the one month.
The renting of a second bag is subject to the returned bag being in good condition, your compliance to the terms and conditions here, including the payment of outstanding fees and our right to terminate the subscription. All outstanding liabilities due to StyleTheory must be agreed to and fully paid for prior to the selection of your second bag.
Because subscription is in beta, membership is limited and may not always be available.
Style Theory requires a HK$6000 Deposit Fee on top of the monthly subscription and premium upcharge when renting a Chanel bag. After the bag has been returned and processed by Style Theory, the deposit will be returned to the original mode of payment within 5 - 10 business days.
You accept full responsibility for the safekeeping and return of the Bags to StyleTheory in the same condition as which it was received. In the event that the bag is stolen, lost or has not been returned upon request, StyleTheory will seek to recover the full value of the Bag as determined by StyleTheory in its sole discretion.
All Bags rented from StyleTheory are for your personal use. It is not permissible for the bag to be made available for sale or be sold while it is in your possession and you will be liable for returning the Bag back to StyleTheory immediately. The bag may also not be utilized by a third party and you will be liable for all damages during the period of rental.
Subleasing the bag for commercial purposes is strictly prohibited and will result in immediate termination of the service (See Termination).
StyleTheory will not be responsible for any loss of use of the subscription due to time taken to resolve any issues relating to condition and/or payments.
FAIR WEAR AND TEAR; DAMAGES
StyleTheory will operate on a best effort basis to repair damages arising from fair wear and tear at no additional charges.
Bags returned with damages exceeding normal wear and tear, as determined by StyleTheory in its sole discretion, will arise in a charge (see section on Charges). The charge will be calculated as the amount needed to engage a third party service provider (“Contract Agent”) for the repair of the bag. This amount will be independently assessed by the Contract Agent and evidenced by a copy of the invoice. StyleTheory reserves the right to charge an administration fee of up to HK$3000 to compensate for loss of use during repair period.
Bags returned with irreparable damages, as determined by StyleTheory in its sole discretion will arise in a charge that reflects the cost needed to replace the bag with another of the same style and condition. Examples of irreparable damages include but are not limited to, deep scratches, dents, watermarks, interior and/or exterior stains. Missing hardware and parts of the bag also constitute irreparable damage to the bag.
Should there be any damages to the bag during the rental period please contact Customer Service via the in app chat immediately. Any attempt to remove the stain on your own or treat with any chemicals is strictly prohibited and any alterations to the physical appearance of the bag will be deemed as irreparable damage.
THEFT AND LOSS
In the event the item(s) you have rented from Style Theory is deemed lost, stolen or damaged within the course of your rental period, you will be liable for the full value of the bag as determined by Style Theory in its sole discretion. Should the bag be lost, a formal police report must be lodged and a copy of the report must be provided to us as evidence to support your claim. The police report must accurately describe the item(s) in detail, including the designer, style name, material and colour. The signatory to the police report must also match against your registered account details, including name and ID number. Failure to lodge and provide a copy of the police report within 14 calendar days from the date of the incident will be deemed as theft and Style Theory reserves the right to lodge a police report against you under Section 378 of the Penal Code and pursue civil action to recover all financial losses.
Should you incur more than 1 month worth of unpaid subscription fees while in possession of rented property, Style Theory reserves the right to consider the item in your possession as sold to you and hold you liable for the full value of the item. Style Theory also reserves the right to lodge a police report and pursue civil action against you should payment for the full value of the item not be made.
A police report for Theft and/or Cheating may be filed by StyleTheory not limited to, but based on any or all of the following:
Joining our subscription service to deceive us into renting out item(s) to you without any intention of returning or paying for the service/item(s).
Intentionally keeping item(s) and not making payment of subscription charges or item(s) with the intention to steal.
Engaging in services with no intention of making payment after service has been rendered.
In the event payment to Style Theory is required due to theft, loss or damages, Style Theory reserves the right to, in its sole discretion, impose an interest and administrative fee of 10% of the total debt amount owed for repayments made in the form of monthly installments within 1 year. For installments that require more than a 1 year period to be paid, Style Theory reserves the right to impose an interest and administrative fee of 20% of the total debt amount owed.
Non compliance and/or failure in paying for any fees incurred due to theft, loss, damages and your monthly subscription fees within the rental period where you were in posession of rented property of Style Theory will be deemed as dishonest misappropriation of property and/or theft. A police report will be filed against you under Section 403/378 of the Penal Code and Style Theory reserves the right to pursue civil action to recover any financial losses.
The rental period of a bag begins on the day it is scheduled for delivery and ends on the day that it is returned (see Returns).
StyleTheory may request for a picture of the bag to evidence that the bag is still in your possession and in satisfactory condition.
StyleTheory reserves the right to recall a bag at any point in time and provide you with a replacement of your choice subject to availability. The replacement bag will not reduce the number of Bags you are eligible to rent in a billing cycle.
The subscription fee is the prepayment for services to be provided by StyleTheory in a 30 days billing cycle (“Complete Billing Cycle”) and is payable upon subscription. The prepayment will automatically recur at the end of each Complete Billing Cycle and will be chargeable to your payment method on file. The monthly subscription fee is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period.
You hereby authorise StyleTheory or our third party payment processor to charge your payment card for the applicable subscription fee and any other charges (see Charges). The subscription fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Subscription fees are non-refundable except as expressly set forth below. Taxes may apply on the subscription fees.
Each StyleTheory subscriber will have one unique billing cycle. If you subscribe to both StyleTheory Apparel and StyleTheory Bags, you will be billed on the same day each month for both subscriptions. Depending on your existing billing date, you may be charged a prorated amount when you first subscribe to StyleTheory Bags to align your billing cycle.
Your first month subscription fee may be prorated, depending on when you join, to align your billing date to the same billing date of your existing StyleTheory subscription. For example, if your existing billing date with StyleTheory Apparel is 1st December and you subscribe to StyleTheory Bags on 20th December, you will be charged a pro-rated subscription rate for 10 days of usage and entitled to renting 1 bag until your next billing date, which is on 1st January.
Bags that are marked as “Exclusive” will require you to pay an additional amount (“Premium Charge”) in order to rent the specific bag for a one month period.
By adding an Exclusive bag to your box and scheduling a delivery you are consenting to a charge for the stated amount and you will be deemed to have understood the terms stated in this paragraph.
If an Exclusive bag is not returned to StyleTheory within a one month period, a charge for the subsequent month will arise automatically.
The one month rental period of an Exclusive bag begins when a bag is scheduled for delivery and ends when the bag is returned (See Returns). StyleTheory will not be responsible, perform any refunds for any time lost due to failed deliveries if the delivery is made to the stated address and within the requested time slot.
There will not be any refunds if an Exclusive bag is returned prior to the one month period. Any unutilized duration arising from the Premium Charge cannot be used to offset the rent of another premium bag, subscription dues or any outstanding liabilities owed to StyleTheory.
All Bags will be considered to be received by you when it is delivered to the delivery address at the scheduled time. You will be responsible for ensuring that an authorized person will receive the bag on your behalf should you be unavailable to personally receive the bag.
Upon delivery, you bear responsibility for the Bag. You acknowledge that a secure shipping address is highly recommended. In the event that an un-secure shipping address is provided e.g. office address, StyleTheory does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which StyleTheory will not be liable. You will be liable for all such delays and additional delivery fees.
A bag is considered to be returned once it reaches StyleTheory’s Warehouse at:
100G Pasir Panjang Road
If it is returned via StyleTheory’s logistics provider, Wardrobe on Wheels (“WOW”).
When using WOW, you will be responsible for ascertaining that the driver receiving the bag is from WOW. All authorized WOW drivers will have an identification card with a photo.
StyleTheory will not acknowledge any return of Bags to a non authorized driver until it is returned to StyleTheory’s Warehouse.
StyleTheory will on a best effort basis contact you and return any belongings in the bag but are not liable or responsible for the return of any missing items in the Bags.
Any attempt to tamper with any of the security devices on the bag and/or return of a bag that did not originate from StyleTheory will be considered as an intention to commit theft and may arise in civil and/or criminal legal proceedings. Dealing in counterfeit items are also in violation of the law and can result in separate legal action.
The StyleTheory carrying case and box is property of StyleTheory and is required to be returned together with the Bag. Any unreturned carry case and/or box will be chargeable at HK$300 fee.
We will use reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of a Product and receipt of a new Product.
Forever Yours is a feature that allow you to purchase a bag that has been made available for sale. As all sales are final we strongly encourage you to buy bags that you are currently renting so that you are able to assess that the condition is satisfactory.
StyleTheory reserves the right to charge outstanding liabilities arising from subscription fees, damages, shipping, loss or theft against any payment method on file with us. StyleTheory also reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. You agree to pay StyleTheory's costs of collection, including without limitation reasonable attorneys' fees.
Any attempt to prevent charges is wrongful and will result in immediate termination of your subscription and legal action.
You may terminate the subscription (“unsubscribe”) only when the bag is received in the warehouse and the condition is confirmed to be in a satisfactory condition. All outstanding liabilities must also be settled prior to termination.
There are no refunds to a pre-paid membership. To cancel your monthly membership, head to the app's 'My Account' page to send in a membership cancellation request. You must submit your cancellation request 2 days prior to the end of your current billing period. You must return your Bag before the end of your current billing period (located in account settings) to avoid additional fees. If StyleTheory does not receive your Bag by the end of your billing period in which you want to terminate your subscription, StyleTheory reserves the right to charge you the full retail price of each Bag.
Subscription fees will continue to be chargeable up until the time the service is terminated.
StyleTheory may terminate your subscription at its sole discretion. This is including but not limited to delayed payments, repeated excessive or abuse to rented Bags and overall poor subscription community behaviour.
YOUR REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form and its customer service staff (see Identity Verification and Credit Risk Assessment), and you agree to maintain and promptly update the Personal Information section of the site to keep it true, accurate, current and complete (See Notices). If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your subscription and refuse to offer you any and all current or future use of any of StyleTheory’s subscription services.
If you have any questions or comments about this Agreement, the Site or StyleTheory’s services or wish to terminate this Agreement, please contact StyleTheory by email at Bags@styletheory.co.
Attn: Bags Department
#06-16 INTERLOCAL BUILDING
StyleTheory shall provide all notices to you at the email address or physical address that you have provided to StyleTheory. You are solely responsible keeping that information current with StyleTheory. You hereby agree that all agreements, notices, disclosures, and other communications that StyleTheory provides electronically to you satisfy any legal requirement that such communications be in writing.
Please send any questions or comments, or report violations of these Terms, to StyleTheory at email@example.com.
AUTHENTICATION AND BRANDS
You acknowledge and agree that StyleTheory’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with StyleTheory in any manner. However, StyleTheory fully cooperates with brands seeking to track down the source of counterfeit bags, which includes revealing the contact information of consignors submitting counterfeit goods.
OWNERSHIP OF THE SERVICES
The Services, including the Style Theory Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Style Theory and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Singapore and Hong Kong copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Style Theory” and the logo are registered trademarks of Style Theory Pte Ltd., under the applicable laws of the Singapore and/or other countries. Other Style Theory product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of Style Theory and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. Style Theory and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any StyleTheory Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of StyleTheory or such third party that may own such StyleTheory Content.
Subject to your compliance with these Terms, StyleTheory grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
Subject to the terms of these Terms, StyleTheory grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and StyleTheory, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and StyleTheory acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and StyleTheory acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, StyleTheory, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and StyleTheory acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
By sending us any feedback, reviews, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that StyleTheory may use your Feedback without restriction or obligation to you or any third party.
NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
If you believe any StyleTheory Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting StyleTheory's copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Regarding any copyright issues relating to the Services, you may contact us at firstname.lastname@example.org (see Notices).
In an effort to protect the rights of copyright owners, StyleTheory maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your sole and exclusive remedy and StyleTheory's sole and exclusive liability for a breach by StyleTheory will be to use commercially reasonable efforts to replace a non-conforming Bag in a timely manner.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, STYLETHEORY DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE STYLETHEORY CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STYLETHEORY BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF STYLETHEORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
INFORMAL PROCESS FIRST
You agree that in the event of any dispute between you and StyleTheory, you will first contact StyleTheory and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of StyleTheory's Services and/or Products, or relating in any way to StyleTheory's communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and StyleTheory. However, this arbitration agreement does not (a) govern any Claim by StyleTheory for infringement of its intellectual property or access to the Services that (including the Site and App) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS SITE OR APP OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the Hong Kong Arbitration Act governs the interpretation and enforcement of this provision, and that you and Style Theory are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Style Theory Private Limited. The arbitration shall be administered by the Hong Kong International Arbitration Centre (HKIAC) under its rules including, if you are an individual, the HKIAC's Supplementary Procedures for Consumer-Related Disputes will be used. If you are not an individual or have used the Services on behalf of an entity, the HKIAC's Supplementary Procedures for Consumer-Related Disputes will not be used. The HKIAC's rules are available at www.hkiac.org.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Hong Kong law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the HKIAC's rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than HKD 60,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 8(C) below.
If you do not want to arbitrate disputes with StyleTheory and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the first of the date you access the Site or App or the date you receive any Services.
CLASS ACTION WAIVER
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and StyleTheory each waive any right to a jury trial.
This Section 8 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
StyleTheory makes no representation that the Services are appropriate or available for use outside Singapore and Hong Kong. Those who choose to access the Services or any part thereof from outside Singapore and Hong Kong do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that StyleTheory intends to announce or make available such products or services to the general public, or in your country. Contact StyleTheory at firstname.lastname@example.org to determine which products and services may be available to you.
The laws of Hong Kong prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the Style Theory Content, or any part thereof, in any way, in violation of Hong Kong law.
GOVERNING LAW AND VENUE
These Terms are governed and interpreted pursuant to the laws of Hong Kong, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a court located in Hong Kong, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
This Agreement sets forth the final, complete, and exclusive agreement between you and StyleTheory regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on such subject matter.
NO IMPLIED WAIVER
Any failure by you or StyleTheory to enforce any provision of this Agreement shall not constitute a waiver of such provision or of any other provision of this Agreement.
AMENDMENTS TO THIS AGREEMENT
StyleTheory may update or change any of the terms and conditions of this Agreement at any time in its sole discretion upon 15 business days’ notice (see Notices). If you do not agree to any revised terms, your sole recourse is to terminate this Agreement in accordance with the "Termination" Section before the effective date of the revised terms.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on you or StyleTheory will survive the termination of this Agreement.
STYLETHEORY SHALL BE EXCUSED FROM PERFORMANCE UNDER THESE TOS, TO THE EXTENT IT IS PREVENTED FROM OR DELAYED FROM PERFORMING, IN WHOLE OR IN PART, AS A RESULT OF AN EVENT OR SERIES OF EVENTS CAUSED BY OR RESULTING FROM (1) WEATHER CONDITIONS OR OTHER ELEMENTS OF NATURE OR ACTS OF GOD, (2) ACTS OF WAR, ACTS OF TERRORISM, INSURRECTION, RIOTS, CIVIL DISORDERS OR REBELLION, (3) QUARANTINES OR EMBARGOES, (4) LABOR STRIKES, OR (5) OTHER CAUSES BEYOND THE REASONABLE CONTROL OF STYLETHEORY. IN THE EVENT THAT STYLETHEORY IS TEMPORARILY UNABLE TO FULFILL ANY OF ITS OBLIGATIONS IT WILL DO SO ONCE IT IS ABLE TO DO SO.