Terms of service
The following Terms of Service (“Terms”) between you (“you” or “your”) and Style Theory Private Limited (“we,” “our,” or “us,”) describes the terms and conditions on which you may access and use the website located at Style Theory.co (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 accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
EFFECTIVE DATE
November 20, 2019
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 Section 8 of these Terms to resolve any disputes with Style Theory.
ABOUT THE SERVICES
Introduction
Style Theory offers several services:
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Rental subscription service (“Membership”)
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A e-commerce service (“Resale”)
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One time rental service (“On Demand”)
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Designer bag repair service (“Restore”)
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Bag consignment service (“Consignment”)
Depending on your plan, you will be credited a fixed number of boxes and items (“Products”) to use at the beginning of each billing cycle. The subscription includes the delivery, returns and maintenance related to the upkeep of the item but does not cover any cost related to the damage, loss or theft of the item. You are liable for additional charges necessary to compensate Style Theory for the loss of use and cost of the item.
Eligibility
By using our service and thus agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described in these Terms.
We reserve the right to limit, cancel or prohibit any person from membership.
Modification Of The Services Or The Terms
Style Theory may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, Style Theory 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 Style Theory upon registration.
General Conditions
LIMITS
You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address.
DELIVERY AND COLLECTIONS.
All deliveries and collections will be through Style Theory's shipping partners, which may change from time to time at Style Theory's discretion. The shipping method used will be at the discretion of Style Theory. We will provide you with information about estimated delivery and arrival times of Products through the Site or App. The Products we send to you will be professionally cleaned and delivered ready to wear. Our dry cleaning partner professionally cleans, sterilizes and inspects each Product we send to you, but use of the Products is at your own risk and Style Theory or our dry cleaning partner shall not be held liable for any health-related complaints associated with any Product.
If you do not pay the amounts you owe to Style Theory when due, we reserve the right to withhold any new deliveries of clothes and will institute collection procedures. You agree to pay Style Theory's costs of collection, including without limitation reasonable attorneys' fees.
RETURN PACKAGING
With delivery of the Product, Style Theory will provide you with a pre-paid, pre-addressed Style Theory carrying box, garment bag or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to Style Theory (“Return Packaging”). The Style Theory carrying case or box is not yours to keep. If the Style Theory carrying box or garment bag is not returned you will be charged a fee (details below under “Lost Return Label”).
RECEIPT OF THE PRODUCTS
Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. In the event that an un-secure shipping address is provided, Style Theory 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 Style Theory will not be liable. You will be liable for all such delays and additional delivery fees.
LOST RETURN LABEL
If you lose the Return Label, you will be responsible for returning the item at your own expense, and providing Style Theory with a tracking number. Also, if you lose or fail to return the Style Theory carrying box or garment bag you will be charged a reasonable fee that is subject to Style Theory discretion.
BOX ROLLOVER
Boxes that are not used by the end of the billing cycle will roll over into the subsequent month upon successful payment of the next billing cycle. A maximum of 10 apparel boxes or 5 bag boxes can be rolled over at any one time. Upon reaching the maximum number of rollovers , the box with the earliest expiry date will be removed in order for a new one to be added. Style Theory reserves the right to change the number of boxes that can be rolled over at any time.
BOX EXPIRY
Boxes will expire 6 months after it has been credited into the account. You can view information on box expiry via the app. Style Theory reserves the right to change the expiry of the boxes at any time.
FEES
Upon subscription, Style Theory will charge you a monthly membership fee that will automatically renew at the start of each monthly billing cycle based on your payment method on file. The monthly membership fee is subject to change at our discretion and any such change will be effective for any subsequent renewal membership period. You hereby authorise Style Theory or our third party payment processor to charge your payment card for the applicable membership fee on a monthly or recurring pre-pay basis until you cancel. Membership fees are non-refundable except as expressly set forth below. Taxes may apply on the membership fees.
PAUSE
You may pause your subscription and the number of days you may pause for (Pause Duration) will be calculated based on the length of your subscription. There is a minimum number of days that must be met before Pause is available to you.
When you pause you will not be able to use the membership and you will not be charged for your membership from the next billing date onwards. Billing date can be found in "Subscription Detail".
Things to take note:
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There will be no refunds if you pause before your billing cycle ends but all unused boxes will rollover into the following month for up to 6 months. A maximum of 10 boxes can be rolled over at any time.
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There is no extension to your box expiry when you are on pause.
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The number of days you can pause for is calculated based on the length of your subscription.
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You will still be able to monitor the availability of items, purchase preloved items and use other features in the Style Theory app.
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Your membership will automatically resume once your pause period ends.
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To pause your membership, you need to fulfil all of the following conditions:
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You have successfully returned any and all rental items in your possession
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You still have enough days left in your pause quota
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You still have at least 1 unused box (if you’re not using an Unlimited Plan)
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You don’t have any items currently saved in your My Box page
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Your membership will automatically resume once your pause period ends. You'll be able to continue using our rental service and be charged with your monthly billing.
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We will send you reminders via push notification 5 days before your membership resumes, and on the day itself. Please make sure you turn on your app notifications to stay updated.
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You can also manually resume your membership anytime by going to your Plan Details page and clicking Resume Subscription. Do note that if you resume earlier than 7 days into your pause period, 7 days will still be deducted from your pause quota.
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You will be able to select how long you’d like to pause. Your pause period will be deducted from your pause quota — the total number of days where you can pause your membership.
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The minimum pause period is 7 days. If you resume your subscription earlier, 7 days will still be deducted from your pause quota. The remaining days will be added back for you to reuse.
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Your pause quota will be calculated separately for each of your memberships — if you’re a member to multiple product lines, pausing one membership won’t affect the others.
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When you first become a member, you will receive 7 days in your pause quota. After that, you will receive 7 days every month as long as you’re a member (including paused subscriptions).
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You will lose all your accumulated pause quota if you cancel your membership. You won’t be able to reuse your previous pause quota if you become a member again later.
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Backdating is unavailable for unused days outside of your selected pause period.
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Pausing is not a permanent termination of your account — your membership and billing will automatically resume once your pause period ends.
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You will continue to retain your Rewards and unused boxes while you are paused.
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You will be unable to cancel your membership while it’s paused. Please resume your membership manually or wait until your pause period ends to submit a cancellation request.
UPGRADING YOUR MEMBERSHIP PLAN
You may choose to upgrade your membership at any point in time. If you are on pause, you need to resume an active membership in order to upgrade.
When you upgrade you will be charged the differential between your current plan and your desired plan. Additional boxes will be given to you upon successful payment.
DOWNGRADING YOUR MEMBERSHIP PLAN
You may downgrade your membership at any point in time. If you choose to downgrade, your lower plan price will be implemented at the next billing cycle.
ADDITIONAL BOXES
You may purchase additional boxes via in-app chat. Each box will expire 6 months from the purchase date.
CANCELLATION OF YOUR MEMBERSHIP.
There are no refunds if you cancel before your billing cycle ends. To cancel your membership you must send a request via the app and follow these instructions.
Step 1: Check your next billing date to plan your return. Log into Style Theory app > Profile tab > Subscription Details
Step 2: Return your box at least one week before your next billing date. We will need all items to be returned to us in satisfactory condition in order for us to proceed with the termination
Step 3: Make a request to cancel within our app: My Profile > Subscription Details > Manage > Request to cancel your subscription
Things to take note:
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If you wish to cancel both Apparel & Bag memberships, you would need to send in 2 separate requests . The respective team will be in touch shortly.
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All cancellation requests are subjected to processing time between 10am - 5pm on Mondays to Fridays excluding Public Holidays, Eve of Public Holidays, and weekends.
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Cancellation requests after 5pm will be attended to the next working day, and a customer service agent will be in contact with you during the operational time.
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Kindly note that to be eligible for cancellations on the desired billing date, you should not be holding onto any boxes, and should not be on pause or have any outstanding payments.
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A confirmation message will be sent out to you upon successful cancellation one day before your next billing renewal.
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Cancellation will be subject to fulfilment of all other obligations as stated in the T&Cs.
Upon cancellation you will forfeit all your boxes and any Reward points that you may have accrued.
RETURNS
With each shipment of Products we send you, we will include one Return Packaging , which you must use to return some or all of the Products you currently have.
DELIVERY
We reserve the right to withhold the delivery of a new box if there is any reason to suspect a breach of the terms and conditions. This is inclusive but not limited to instances of payment issues, unsatisfactory condition of clothes received from prior rents or other unresolved disputes.
USE OF THE PRODUCTS
You agree to treat the Products with great care, as if they were borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damages. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product. You are also liable for any losses arising from the inability to use the item.
DAMAGE, FAILURE TO RETURN PRODUCTS
Style Theory reserves the right to request for items to be returned to us at any point in time. Failure to receive items on time will give us the right to charge for the items up to the full retail price. You will not be entitled to any refund of subscription fees.
CHANGES TO AND TERMINATION OF MEMBERSHIP
As the rental service is a beta program, we reserve the right to modify (including the membership fee) or terminate your membership at our sole discretion. If we terminate your membership, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable membership, or (b) continued access for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access for the remainder of that applicable period of your subscription, you will continue to have access during that period, except that we will not send you any Products within ten (10) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access, immediately upon our termination of your membership), you must also return to Style Theory all Products you have received.
FAILURE TO PAY FEES
We reserve the right to pursue any amounts you fail to pay in accordance with these Terms.
ON DEMAND
Terms and Conditions
RENTAL FEE. The rental fee for the Product will be the total of the rental fee, insurance charges, return charges and related taxes listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorize Style Theory to charge your payment card for the Rental Fee. Style Theory will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site or App is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize Style Theory to charge your payment card for an amount equal up to 3x of rental fee set forth on the Site or App; provided that Style Theory will only charge your payment card for an amount greater than the Rental Fee for events such as Late Return as described in the Late Fee section below.
RENTAL DEPOSIT. If you choose to pay the rental fee with other payment method than Credit Card, Style Theory may ask for a rental deposit from you for a value not more than 50% of your total rental fee. This rental deposit will be returned to you fully not more than 2 (two) days from the moment you return the Product, in the condition that you return the Product at the scheduled return date without damage. In the condition that you return the Product later or not at all than the scheduled return date, your deposit may be reduced or exhaust completely to pay for the Late Fee as described in the Late Fee section. In the condition that you return the Product with damages, Style Theory may choose to withhold your deposit fee until you provide a clear chronology that causes the damage in question. Style Theory may ask for your Bank Account Information for deposit refund if you paid your rental fees & deposit in other means than Credit Card.
CANCELLATION POLICY. You may cancel your rental order latest by one (1) day in advance before the delivery date. There will be a cancellation fee of 30% from your paid rental fees and you will receive the remaining refund to your issued payment card. Style Theory may ask for your Bank Account Information for refund purposes if you paid your rental fees in other means than Credit Card
USE OF PRODUCT. You agree to treat the Products with great care, as if it was borrowed from your close friend. You agree to inform us of the chronology of any loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear.
In the case of loss or destruction due to theft, mysterious disappearance, fire or any other cause, Style Theory may ask you to provide a police report with the complete chronology of the incident, or charge you the price for replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
If a loss is deemed to be due to your negligence, Style Theory may charge you an additional fine not more than 3x of your rental fee on top of providing the mentioned police report, or charge you the price for replacing the Product, as determined in our discretion, up to the Retail Value for the Product
FAILURE TO RETURN. As soon as you passed the scheduled return period, you may not continue to keep Products you have already received, and you must return to Style Theory all rented Products including its parts, on or before the last day of the applicable rental period. If we don't receive your items on time, you will be charged daily a late fee as explained in the Late Fee section below.
LATE FEE. If you return the Products later than your scheduled return date, a late fee of half (50%) of your rental fee will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to Style Theory, for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed the equivalent of 7 days of late fee. The late fee is payable for each order of Products that is not returned when due, including its parts, not for each Product that is the subject of the order that is late.
If you failed to return the Product and its parts for 7 calendar days or more, your late return will be considered a non-return, and Style Theory will charge your payment card the Maximum Late Fee. Style Theory will still expect you to return the Products or Style Theory have the rights to create a police report, considering it as theft
CORRECT PRODUCT. Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site or App.
You may also opt to order another Product from a different style (“Additional Style”) for a reduced rate, as set forth on the Site or App. You may not however, choose both an Additional Size and an Additional Style at the same time. You may select an Additional Style that is more expensive than your first Product of choice, however when you do select a more expensive Additional Style, the total rental price will be adjusted. You can rent an Additional Style for the same period that you order the first Product. Any Additional Products must be returned together with the Product with which it was ordered. These Terms apply to any Additional Products just as to any other Product. We may discontinue the availability of Additional Size and Additional Style at any time.
FAILURE TO PAY FEE. We reserve the right to pursue any amounts you fail to pay in accordance with these Terms
RESALE
Terms and Conditions
RETURN. We will process and accept eligible apparel returns and refunds, subject to the following conditions:
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Return requests can only be made
for the item(s) that you purchased separately from your rental subscription box. Item(s) purchased during rental as part of your subscription plan cannot be returned. -
Return requests must be made within 5 days from the date the item has been delivered and received in our system. The item in your box will be marked as ‘Delivered’ in the Style Theory App if it has been successfully delivered.
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Return shipping cannot be combined with a rental subscription box return.
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Item(s) must be returned in its original purchase condition with tags and labels attached.
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Return item(s) can be sent via post or delivery. Do note that item(s) damaged in transit will be sent back to you and your request will not be processed. Return shipping fees for rejected returns apply. A separate invoice will be issued for fees incurred on the return shipping trip.
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Alternatively, return item(s) can be dropped off at our offline locations. Acknowledgement of receipt of the items at our offline locations does not constitute the acceptance of your return request.
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We do not accept return requests made for items that have been delivered to you for more than 5 days or items that have failed our quality assessment.
To return an item, please follow these instructions. We will only accept return requests in the following process.
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Submit a return request.
A return request must first be made via the App. Items received by our warehouse staff without a valid in-app request will be rejected. -
Schedule a return within 7 days.
Return item(s) must be securely delivered and received at our warehouse for quality assessment within 7 days from the date the return request was made. -
Receive updates about return requests via the app.
You will be notified via push notification if your return request is accepted for a refund or rejected.-
Return requests that are accepted will receive a refund credited to the card used for the purchase within 14 business days . In the event that the estimated total refund amount is not credited to the card used for your purchase after the stipulated period, please contact your credit card provider.
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Return requests that are rejected will be arranged to be sent back to you. Return shipping fees apply.
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For further enquiries, please contact our Customer Experience Team via our in-app chat
USE OF THE SERVICES
Style Theory Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“Style Theory Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The Style Theory Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any Style Theory Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the Style Theory Content.
UPDATES. We may update the Style Theory Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to legalinfo@Style Theory.co. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-Style Theory websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Style Theory is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Style Theory, and Style Theory has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Style Theory endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
ACCEPTABLE USE POLICY
USE OF Style Theory CONTENT. No part of the Services, including the Style Theory Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Style Theory authorizes you to view, copy, download, and print Style Theory Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the Style Theory Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Style Theory Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Style Theory Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Style Theory considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Style Theory representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 14 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend Style Theory and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Term. Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend Style Theory and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
Your Content
If you post, upload or make available to Style Theory or the Services, or otherwise submit to or through Style Theory as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Style Theory a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise Style Theory to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
Style Theory is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) for purposes including marketing and to make the Services available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and Your Content and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Style Theory does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications, nor does Style Theory warrant the compatibility or continuing compatibility of the Third Party Applications with the Services.
Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Style Theory promptly of any unauthorized use of your account or password.
Delays
There may be delays, omissions, or inaccuracies in the Services, including the Style Theory Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Job Postings
Style Theory may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
INTELLECTUAL PROPERTY
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 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 Style Theory Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Style Theory or such third party that may own such Style Theory Content.
Services License
Subject to your compliance with these Terms, Style Theory grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
App License
Subject to the terms of these Terms, Style Theory 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.
ACKNOWLEDGMENT. 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 Style Theory, 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 Style Theory 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 Style Theory 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, Style Theory, 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 Style Theory 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.
Feedback
By sending us any feedback, 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 Style Theory 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 Style Theory Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting Style Theory'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 legalinfo@Style Theory.co.
In an effort to protect the rights of copyright owners, Style Theory maintains a policy for the termination, in appropriate circumstances, of s and account holders of the Services who are repeat infringers.
TERMINATION
Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at hello@Style Theory.co. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
Termination By Style Theory
Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. Style Theory may also terminate your account if Style Theory determines that your conduct poses a risk or liability to Style Theory, or for any other reason as determined by Style Theory in its sole discretion.
Effects Of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Lost Return Label), 2(B) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Limited Warranties
The limited warranties set out in Section 2(B) for return apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by Style Theory in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and Style Theory's sole and exclusive liability for a breach by Style Theory of the limited warranties set out in Section 2(B) shall be, at Style Theory option, Style Theory use of its commercially reasonable efforts to replace the non-conforming Product 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, Style Theory DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE Style Theory 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 Style Theory 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 Style Theory 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 Style Theory, you will first contact Style Theory 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.
Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Style Theory's Services and/or Products, or relating in any way to Style Theory's communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Style Theory. However, this arbitration agreement does not (a) govern any Claim by Style Theory 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 Singapore 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 Singapore International Arbitration Centre (SIAC) under its rules including, if you are an individual, the SIAC's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the SIAC's Supplementary Procedures for Consumer-Related Disputes will not be used. The SIAC's rules are available at www.siac.org.sg.
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. Singapore 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 SIAC'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 $10,000, 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 Style Theory and you are an individual, you may opt out of this arbitration agreement by sending an email to legalinfo@Style Theory.co 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 Style Theory 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.
MISCELLANEOUS
JURISDICTIONAL ISSUES. Style Theory makes no representation that the Services are appropriate or available for use outside Singapore and Indonesia. Those who choose to access the Services or any part thereof from outside Singapore and Indonesia 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 Style Theory intends to announce or make available such products or services to the general public, or in your country. Contact Style Theory at hello@Style Theory.co to determine which products and services may be available to you.
EXPORT LAWS. The laws of Singapore 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 Singapore law.
GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of Singapore, 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 Singapore, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
ENTIRE AGREEMENT. These Terms are the entire agreement between you and Style Theory relating to the subject matter herein and shall not be modified except by Style Theory in accordance with these Terms, or as otherwise agreed in writing by you and Style Theory. No employee, agent or other representative of Style Theory has any authority to bind Style Theory with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER. If any part of these terms 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.
ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Style Theory may assign these Terms at any time without notice to you.
FORCE MAJEURE. Style Theory will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Style Theory's reasonable control.
CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to Style Theory at legalinfo@Style Theory.co.