Modafirma Terms of Use

MODAFIRMA TERMS OF USE

Welcome to modafirma.com ("Modafirma"). By accessing and utilising Modafirma you are agreeing to the following terms, which are designed to ensure that Modafirma functions efficiently for all parties that use access and or use Modafirma. Modafirma is provided to you by Modafirma Limited registered in England and Wales with number 07957766, Modafirma Ltd, 110 Gloucester Avenue, Primrose Hill, London, NW1 8HX. This policy was effective as at the 21st February 2012.

USING MODAFIRMA

As a condition of your use of Modafirma you agree that you will not:

  • • Violate any laws or rules established by Modafirma
  • • Post any threatening, abusive, defamatory, obscene or indecent material
  • • Be false or misleading
  • • Infringe any third-party right
  • • Sell any items or stock that cannot be delivered to purchasers
  • • Distribute or contain spam
  • • Distribute viruses or any other technologies that may inhibit or harm the technologies or interests of all Modafirma users
  • • Advertise or sell stock that are non- existent and cannot be delivered to purchasers
  • • Replicate, modify, or distribute any other person's content without their consent
  • • Engage in the sale of replica or contra-ban items
  • • Use any robot spider, scraper or other related automated means to access Modafirma and collect content for any purpose without our express written permission
  • • Harvest or otherwise collect information about others, including email addresses, without their consent
  • • Try to circumnavigate or bypass processes used to prevent or restrict access to Modafirma
  • • You are solely responsible for all information that you submit to Modafirma and any consequences that may result from your postings
  • • You are solely responsible for all items advertised as stock to be sold on Modafirma, we at Modafirma do not take responsibility for any misrepresentations of stock availability, loss or damage. However, we reserve the right at our discretion to temporarily or permanently render any boutiques or galleries obsolete and restrict further usage if we suspect inappropriate conduct
  • • We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breeching the above aforementioned terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
  • • We reserve the right to reset passwords during periods of Maintenance

ABUSING MODAFIRMA

Modafirma endeavours to keep the platform functioning efficiently and ensuring a secure environment for all users. Therefore, please report problems, offensive content and policy breaches to us via our feedback system.

Without restricting any other remedial action, we may issue warnings, restrict or terminate our service, remove hosted content and take technical and legal steps to keep users off Modafirma if we suspect that they are creating problems, anomalies or acting inconsistently acting against the spirit of compliance to our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Modafirma or not, we do not accept any liability for monitoring Modafirma or for unauthorised or unlawful content on Modafirma or use of Modafirma by users.

GLOBAL MARKETPLACE

Some of Modafirma's attributes are such that they may display your Modafirma URL, online boutique or fashion gallery on other sites that are part of the global Facebook and other social media communities upon which we are based. By using Modafirma you agree that your ads can be displayed on these other sites such as Twitter, Facebook and Pinterest.

FEES AND SERVICES

The use of Modafirma requires a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time of your agreeing to rent a Modafirma boutique or pay for any additional services such as creation of own URL and any additional advertising on our site. By fees, we mean subscription fees and or any % commission charges that occur on sale of any items via a boutique held on the platform. Our fees are quoted in Pounds Sterling, and we may choose to temporarily or permanently change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-negotiable and non-refundable, and you bear the responsibility for paying them when they are due. Any lagging or non-payment of fees will result in restrictions to use the services or eviction until fees are paid. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If you wish to terminate a service please do so by writing to us at info@modafirma.com and we will terminate your account with one month’s notice. All service termination requests must be done on the final day of the month; you will be charged a pro-rated amount for the extra number of days that extend past the month end if you do not cancel your service on the last day of the month.

CONTENT

Modafirma contains content from us, you, and other users. By agreeing to use Modafirma you agree not to copy, distribute or modify content from Modafirma without our written consent. You may not disassemble or deconstruct, reverse engineer or otherwise attempt to discover any source code contained in Modafirma. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Modafirma (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. Furthermore, we reserve the right to use any images posted or uploaded on the platform for usage on the platform itself, any future Modafirma applications and or any Modafirma businesses.

LIABILITY

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual commercial transactions between users. As most of the content on Modafirma derives from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

PRICING

As Modafirma acts a third party broker and marketplace we do not under any circumstances take any responsibility any differences in prices of your merchandise that you place on our site versus what you place and depict on other Ecommerce platforms, sites and or your own Ecommerce platform or site. We do advise that these prices are kept consistent and reserve the right to remove your boutique and terminate your custom if found to be propagating such an action. We thus defer any liability that may be derived from the above stated action price differentials of merchandise on different Ecommerce platforms, websites or physical shop to you the client i.e. anyone operating a boutique and or any chargeable service on our platform.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

RETURNS POLICY

We advise that you please take the time to read the returns policy page of each boutique that you shop from. As a third party platform we do not take responsibility for returns. However, depending on location, if you are a consumer you bear a legal right to cancel your order under the Consumer Protection (Distance Selling) Regulations 2000 ("DSRs"). This means that, during a certain period, if you change your mind or for any other reason you decide you do not want to keep the products, you can notify the boutique owner via messaging bespoke to each boutique of your decision to cancel and receive a refund from the relevant boutique in line with their returns policy. Please see the "EU DISTANCE SELLING REGULATIONS (DSR)" section of the Returns Policy for details of when and how you can cancel your order under the DSRs.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether expressed or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Modafirma, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Please note, that on Modafirma we employ the use of cookies. By using Modafima you agree to the collection, transfer, storage and use of your personal information by Modafirma on our servers. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

GENERAL

These terms and the other policies posted on Modafirma constitute the entire agreement between Modafirma and you, superseding any prior agreements.

For any help with using Modafirma please contact us at info@modafirma.com or Modafirma Ltd, 110 Gloucester Avenue, Primrose Hill, London, NW1 8HX, England Co No: 07957766 VAT No: 18453690, Telephone No: +44 208 720 6874