Club Dior Jordan, LLC, (hereinafter also referred to as “Company”, “we”, “our” or “us”) operates www.diorjordan.com (“Website”). These Terms of Service (“Terms”) govern the Products and use of the Services provided by the Company. By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms. We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended.
Regularly checking and reviewing this page ensures that you are updated on the terms and conditions governing your use of the Services.
If we believe that the modifications are material, we will notify you of the changes by posting a notice on our Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.
By accessing this Website, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
The terms ‘user(s)’, “your” and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.
By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time to time (“Policies”). These Terms apply to all Users:
In order to use the Website, You need to be 18 (eighteen) years of age or older. The Website may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable laws. We shall not be liable in case of any false information is provided by the User including the User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws.
We disclaim all liability arising out of such unauthorised use of the Website and any third-party liability arising out of Your use of the Website if You are a minor.
By purchasing or using our service on the Website, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us.
Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these marketing and other commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with the Company. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
We do not guarantee the accuracy, completeness, or reliability of the content and product information, including but not limited to product descriptions, prices, images, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.
The prices are subject to change without notice, and we reserve the right to refuse or cancel any orders placed for products and services listed at the incorrect price, whether or not the order has been confirmed.
The usage of any discount codes requires the code to be entered at the time of checkout to be valid. It is the responsibility of the customer to ensure that the discount has been applied before finalizing the order. Please note that discount codes cannot be used simultaneously with other discount codes or offers. In the event that multiple discounts have been applied, we reserve the right to refuse service.
The Company will not be responsible for any damages resulting from the use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website
(including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the Website, (f) not to do or attempt to do any act which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if third-party content is at issue).
The Payments for the products available on the Website can be made through Stripe.
You agree to use this website only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.
As a user of this website you undertake:
1.Not use our website in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;
2.Not use our website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
3.Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our website without our express written consent;
4.Not to knowingly or recklessly contravene, in the course of using this website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
5.Not to use this website to make unauthorised attempts to access or interfere with any of our systems or third party networks;
6.Not to use this website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
7.Not to use this website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this website for such purpose(s);
8.to inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of.
The Company is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations
We will not intentionally disclose any personally identifying information about you to third parties, except where Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of the Company’s Privacy Policy.
Members signing up for the Website are opting in to receive newsletters and other special offers through emails/notifications from the Website. If you do not wish to receive these emails, you may opt out anytime. Please refer to our Privacy Policy.
“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.
All material (including but not limited to the ) and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.
The compilation of all content on the Website is our exclusive property and is protected by domestic as well as international copyright and database rights laws.
You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner,
modification of the materials, use of the materials on any other Website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
Your use of the Website and/or Products or Services are at your sole risk. The Website and the Products or Services are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products, Services or Website content, or any reliance upon or use of the Website content, Services or Products.
Without limiting the generality of the foregoing, the Company makes no warranty:
1.that the information provided on this Website is accurate, reliable, complete, or timely;
2.that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
3.no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
4.as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and
5.regarding any Products or Services purchased or obtained through the Website.
The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.
The Company takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content Services and Products and/or for any breach of these Terms. The Company will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with these Terms or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Website content or Products or allied services; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.
You agree that, to the fullest extent permitted by applicable law, neither the Company nor our affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website;
(e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the Company. We make no representations or warranties that defects or errors will be corrected. This disclaimer constitutes an essential part of these Terms.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of (a) these Terms or the breach of your warranties, representations and obligations under these Terms; (b) the Website content or your use of the Website content.
Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to us at the email address provided in the ‘Contact Us’ clause.
If We have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in a small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court.
For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited
discovery and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the US Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision shall survive the termination of this Agreement and the termination of your account.
Any arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The seat and venue for the arbitration will be New York City, United States of America.
The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorised access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
Notwithstanding anything stated in this Regulation for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the CEO of the Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.
Severability – The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.”
Entire Agreement – The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Waiver – If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Amendments – Notwithstanding anything contained hereinbefore, We may amend and implement the Terms, whenever required, in the interest of maintaining the standard and
improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.
Force Majeure – No one shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
After reviewing this policy, if you have any additional questions, concerning these Terms and Conditions, please contact us by sending an email to info@diorjordan.com by adding the word “Terms” in the subject line.
