USER AGREEMENT

Dear User,

This User Agreement (hereinafter referred to as the Agreement) specifies the rules for using the Resource: https://moduse.com.

Please note that using the Resource means your full agreement with the terms and conditions of the Agreement. If you do not agree with any of the provisions of the Agreement, you should not use the Resource.

1. TERMS
   • Resource — is the Company’s web resource, including the website, project, service and/or another product located on the Internet at https://moduse.com and in the MODUSE Application.
   • Company — is a company incorporated under the laws of United Arab Emirates, under the trade name HELIX-FZCO.
   • App — means computer software in the form of MODUSE application for mobile devices running Android or iOS operating systems, published on the relevant official resources for the distribution of such computer programs (Google Play and Apple AppStore), allowing to select clothes, footwear and/or accessories and combine them into Fashion Looks in accordance with Users’ preferences as well as determined, as well as informing Users about the possibility to purchase such clothes, footwear and/or accessories from the Sellers. The App is the intellectual property of the Company.
   • User — is an individual using the Resource who has the necessary legal capacity to enter into and fulfil the terms and conditions of the Agreement.
   • Content — is design, graphics, images, photographs, texts, articles, videos, music, songs, computer programmes, databases, trademarks, logos and any other intellectual deliverables and means of individualisation posted or to be posted on the Resource.
   • Documents — are collectively the Agreement, Privacy Policy and other documents posted in the corresponding section of the Resource.
   • Product — means images of any kind of clothing, footwear and/or accessories, provided on the Resource, that can be combined by the User into Fashion looks on the Resource and/or purchased by the User in the Shops.
   • Fashion look — means a combination of several Products, each of which may be offered to the User for purchase in the Shops.
   • Personal account — means a part of the Resource interface in the form of a personal section of the User, allowing each User to change Resource settings and perform other actions related to use of the Resource hereunder.
   • Seller — means a legal entity or an individual entrepreneur who owns the Shops for the sale of Products.
   • Shop — means a website owned by the Seller or a person authorized by the Seller, intended for shopping for Products via the Internet, where the User can get acquainted with the full range of Products, prices for the Products, the Seller details, methods and conditions of payment and delivery of the Products and purchase the selected Products.
2. GENERAL PROVISIONS
   • This Agreement is a public offer between the Company and the User.
   • Acceptance of this Agreement shall be deemed to be the User’s performance of the actions specified in the Agreement indicating acceptance by the User of its terms and conditions in full.
   • By accepting the Agreement, the User confirms that:
     • He/she has read the terms and conditions of the Agreement in full before using the Resource;
     • He/she accepts all the terms and conditions of the Agreement in full without any exceptions or limitations and undertakes to comply with them or stop using the Resource. In the event of the User’s disagreement with the terms and conditions of the Agreement or the absence of the right to enter into an agreement based on them, the User is obliged to immediately discontinue any use of the Resource;
     • The Agreement (including any of its parts) may be amended by the Company without any special notice. The amended version of the Agreement shall enter into force from the date it is posted on the Resource or brought to the attention of the User in another convenient form, unless otherwise provided by the amended version of the Agreement. By continuing to use the Resource, the User confirms that he/she agrees with the amendments made to the Agreement.

3. ACCESS TO THE RESOURCE
   • The Company reserves the right to terminate the Resource or make changes to the principle of its Operation.
   • The Company shall not be liable for interruptions in the operation of the Resource, in whole or in part, for any period during the operation of the Resource.
   • The Company reserves the right to make any changes to the design of the Resource, domain name, structure, text, graphic and other materials, its purpose, ideology, as well as any other changes related to the operation of the Resource.
   • The Company is not responsible for the relevance of the published information. The User accepts the fact that any information may become irrelevant, be refuted or otherwise lose its reliability. The Company has no obligation to keep track of such changes.
   • The User understands and agrees that the Resource may contain advertising. However, the User has no right to place advertising or links to advertising on the Resource.
   • The Resource is provided ‘as is’. The Company does not guarantee that the Resource and the effect of its use will meet the User’s expectations. The User accepts all consequences and independently bears all possible risks associated with the use of the Resource.
   • The Company is not responsible for any types of losses that occur as a result of using the Resource and/or its individual features.
   • The Company provides the User with the opportunity to receive, in connection with or as a result of using the Resource, informational, news, advertising or any other messages from the Company and/or its partners. The terms and conditions of provision of such messages are regulated by the Mailing Rules.
   • In order to improve the quality and ease of use of the Resource, increase its efficiency and develop new products, as well as conduct statistical and other research, cookies (small pieces of data about past visits) are used on the Resource. The User can view the expiration date of cookies and also prohibit their saving in the their browser settings.
   • The Resource is intended for personal non-commercial use not related to any entrepreneurial activities.
4. INTELLECTUAL RIGHTS
   • The Resource and all its Content, as well as the functions and features (including, without limitation, all information, software, text, images, video and audio, as well as the design and arrangement thereof) are owned by the Company, its licensors or other copyright holders and/or authors of such materials and are protected by the laws of the United Arab Emirates and international laws on copyright, trademarks, patents, trade secrets and other intellectual property or proprietary rights.
   • The operation algorithms of the Resource and its source codes (including their parts) are a commercial secret of the Company. Any use of them or use of the Resource in violation of the terms and conditions of the Agreement is considered a violation of the rights of the Company.
   • This Agreement does not grant the User any rights to use any intellectual property of the Company and/or its partners.
   • The User may use the Resource only for personal, non-commercial purposes.
   • The User is prohibited from reproducing, distributing, modifying, creating derivative works, publicly displaying, publicly performing, republishing, downloading, storing or transmitting Content from the Resource, except in the cases as follows:
     • Temporary storage of a copy of such materials in the RAM of the User’s device in connection with access to and viewing of these materials.
     • Temporary storage of files that are automatically cached by the User’s web browser for display purposes.
     • Printing or downloading one copy of a reasonable number of pages of the Resource for personal, non-commercial use, without the purpose of copying or further distributing such copies.
     • Downloading one copy on one device of a mobile or any other application for personal, non-commercial use, subject to the user agreement for such application.
   • In addition, the User is prohibited:
     • To change (process) copies of any Content of the Resource.
     • To republish any part of the Resource Content on another website, in any other medium (print, electronic or other) or as part of any commercial service.
     • To use any illustrations, photographs, video or audio pieces or any other Content separately from the accompanying text.
     • To remove or alter any copyright, trademark or other proprietary rights notices from copies of the Content.
     • To also carry out any other actions that constitute a violation of the existing national or international legislation in the field of intellectual property protection.

 

• The Company makes every possible effort to ensure that the exclusive rights belonging to third parties are properly used. However, if you find that any objects, the rights to which belong to you, are used on the Resource without your consent, the Company asks you to contact them at info@moduse.com to clarify the circumstances.
• The rights to the images of the Products published on the Resource belong to the Sellers or other persons who have granted the Sellers the right to use the images of the Products. Signs, logos, trademarks or other intellectual deliverables of third parties published on the Resource or Stores are the intellectual property of the corresponding third parties and are protected by applicable law.

5. USER REGISTRATION
   • The User shall go through the procedure of registration and creation of a Personal account on the Resource to use the functions of the Resource.
   • When registering on the Resource, the User creates a unique login, specifies his/her gender, enters a valid e-mail address on the Resource interface. Registration is considered completed when the User enters the code (password) sent to the e-mail address specified by the User.
   • The User guarantees that the e-mail address provided during registration is true, accurate, up-to-date and does not belong to third parties.
   • If the User provides false information during the registration or further use of the Resource, the Company has the right to block or delete the Personal account at its discretion.
   • The User is solely responsible for the safety and confidentiality of his/her e-mail, as well as login and password to the Personal account on the Resource. Any action performed by the User on the Resource shall be considered as actions performed by the User or his/her authorized representative. The Company is not responsible for any negative consequences that may arise due to the loss of the User’s access to e-mail or password to the User’s Personal account on the Resource.
   • One User has the right to have only one Personal account. The Company has the right to block and delete duplicate Personal accounts.
   • By providing an e-mail address to create a Personal account, the User consents to the Company’s use of such e-mail address for the following purposes:

5.7.1. For effective interaction between the User and the Company, including for the purpose of receiving feedback on the functionality of the Resource;

5.7.2. To send advertising and informational messages about existing or new functional capabilities of the Application, about promotions and competitions held by the Company, as well as to send other information directly related to the fulfillment by the Company of its obligations under this Agreement.

• The User’s consent to use the email address is granted to the Company and any third parties engaged by the Company for the proper execution of this Agreement.
• The Company has the right to dispose of statistical information related to the operation of the Resource, as well as information received from Users to ensure targeted display of advertising information to different audiences of Users.

6. USE OF THE RESOURCE
   • User Information collected within the framework of the Resource’s operation is governed by the Privacy Policy posted on the Resource.
   • The Company does not bear any responsibility for links of any kind placed on the Resource, including links contained in advertising, including banner advertising and sponsored links. The activities of any web resources, links to which may be placed on the Resource, are controlled only by the user agreement or other rules of such web resource. The User assumes all risks associated with following such a link.
   • The User accepts the fact that no web resource is immune from viruses or any other malicious code. The Company is not responsible for any losses and/or damages caused by cyber attacks of any kind.
   • The User accepts the resource ‘as is’ at his/her own risk. The Company is not responsible for any uninterrupted operation of the Resource, its completeness, relevance, reliability and security.
   • After completing the registration on the Resource, the User shall have access to:

6.5.1. А catalogue of Products that can be used to combine the Fashion looks;

6.5.2. A catalogue of ready-made Fashion looks composed of Products.

• Each Fashion look contains several photos of Products that can purchase in the Shops.
• When the User clicks on the photo of the Product, the User is shown a link to the Seller’s Shop of the given Product, which can be used by the User to purchase the Product from the Seller. Any functions of the Shop, including viewing information about the Product, purchase and payment for the Products, are not functions of the Resource itself and are provided by the Seller independently, without any involvement of the Company, except for displaying a link to the Shop web page on the Resource interface.
• In case the User purchases Products, the contract of sale of the respective Products shall be concluded directly between the Seller and the User without the Company’s participation, and payments under such contract shall be made directly by the User to the Seller. The Company is not a party to the transaction, agent or representative of any of the Sellers and/or other interested parties in relation to the sale and purchase transaction of the Products, that may be performed by the User and the Seller in the Shop.
• The User may contact the Company for technical support or feedback on the functionality of the Resource using the Company’s contact details.

7. LIABILITY
   • . When using the Resource, each User is prohibited to:

7.1.1. Register as a User or use the Resource on behalf of or instead of another person;

7.1.2. Gain access to another User’s credentials or mobile device by any means, including fraud, breach of trust and hacking;

7.1.3. Download, store, publish, distribute, and provide access to or any other way to use the intellectual property of the Company and third parties;

7.1.4. Use the software and carry out actions aimed at disrupting the normal functioning of the Resource, Personal accounts of other Users or Shops by any means;

7.1.5. Download, store, publish, distribute and provide access to or any other way to use viruses, Trojans and other malicious programs;

7.1.6. Use any automated scripts (programs, bots, crawlers) to gather information on the Resource;

7.1.7. Carry out illegal collection and processing of personal data of other persons;

7.1.8. Use the Resource in any ways other than through the interface provided by the Company;

7.1.9. Reproduce, duplicate, copy, sell, carry out trading operations and resell access to use of the Resource for any purpose;

7.1.10. Download, store, publish, distribute and provide access to or any other way use any information which:

7.1.10.1. Contains threats, discredits, offends the honor and dignity or business reputation or violates the private life of other Users or third parties;

7.1.10.2. Violates any rights of third parties;

7.1.10.3. Is vulgar or obscene, contains pornographic images and / or texts and / or scenes of a sexual nature;

7.1.10.4. Contains scenes of inhumane treatment to animals;

7.1.10.5. Contains the description of the means and methods of suicide, any incitement to his commission;

7.1.10.6. Propagandizes and / or promotes incitement to racial, religious, ethnic hatred or enmity, propagates fascism or ideology of racial superiority;

7.1.10.7. Contains extremist materials;

7.1.10.8. Promotes criminal activity or contains advice, instructions or guidelines for committing criminal acts;

7.1.10.9. Contains information of limited access, including, but not limited to, state and commercial secrets, private information of third parties;

7.1.10.10. Contains advertisements or describes the attractiveness of the use of narcotic substances, information on the distribution of drugs, recipes for their manufacture and tips for use;

7.1.10.11. Has a fraudulent nature;

7.1.10.12. Violates the applicable legislation;

7.1.10.13. Does not correspond to the purposes of creating the Resource or infringes upon the interests of the Users.

• The User is solely responsible for any information published by the User on the Resource.

8. LIMITATIONS OF LIABILITY
   • The User is responsible for all actions performed with this Agreement and application law.
   • The Company provides only technical possibility to use the Resource and is not responsible for actions or inactions of any persons regarding the use of the Resource or the content of Personal accounts. The Company shall not be liable for any damage caused to the User as a result of improper use of the Resource.
   • The Resource is provided “as is”, without warranty of quality and suitability for any express or implied purposes of the User. The Company shall have the right to terminate the User’s access to the Resource without any prior notice, if necessary, at the discretion, in the event that the User violates any terms of this Agreement or applicable law. The Company is not responsible for possible consequences caused by incorrect or inaccurate combinations of Products. The Company does not guarantee that the Resource will operate continuously and without errors. In case of errors and malfunctions the Company undertakes to eliminate such errors within a reasonable time.
   • The Company is not be responsible for the operation of any Shops, as well as for the quality of the Products offered by the Sellers, and for the fulfillment of the Seller’s obligations to transfer the Products to the User. The User acknowledges and agrees that any claims regarding the Products purchased by the User in the Shop (including but not limited to the quality, quantity, completeness of the Products, delivery and return of the Products) shall be addressed directly to the respective Seller. The Company shall not pay any compensation or be involved in the resolution of any claims relating to the Products or the obligations of the Sellers. The Company makes no warranty of any kind for the Products provided by the Sellers. Sellers may change any information on the Products at any time. The Company is not responsible for any information about the Products not being up to date.
   • The Company is not responsible for illegal use by Sellers of trademarks/logo/other results of intellectual activity of third parties. If any Seller infringes the intellectual property rights of third parties, claims related to such infringements shall be sent directly to the Seller who committed such infringement. The Company does not resolve such claims and does not pay any compensation.
   • The Company shall not be responsible before the User or to any third party for failure indirect, incidental, unintentional damage, including lost profits or lost data, damage to the honor, dignity or business reputation, as well as pain and suffering caused or received in relation to use of the Resource, content of the Resource or other materials that may be accessed by the Users.
   • The Company takes all necessary technical and organizational measures to ensure information security and normal operation of the Resource, however, under no circumstances it is responsible for non-fulfillment or improper fulfillment of obligations, as well as possible damage resulting from:

8.7.1. Unlawful actions of third parties aimed at violating information security or the normal functioning of the Resource;

8.7.2. Failures on the Resource, caused by errors in the code, computer viruses and other harmful code fragments in software Resource;

8.7.3. Absence (impossibility of establishing, termination, etc.) of Internet connections with the Company’s servers or the Shops;

8.7.4. State restrictions that make it difficult or impossible to fulfill the obligations hereunder;

8.7.5. Other cases related to the inability to use the Internet and / or computer equipment as a result of actions or omissions of third parties.

• The User agrees with the fact that any transfer of any information on the Internet, including secure transfer of information in encrypted form, is not guaranteed to be protected from unauthorized access to it by third parties. Therefore the Company shall not be responsible for any damage that may occur due to the unauthorized access of third parties to the User’s information.
• The Company is not responsible:

8.9.1. For losses incurred by the User or third parties as a result of the User reporting inaccurate information, as well as caused by the actions (inaction) of the User;

8.9.2. For losses incurred by the User as a result of disclosure of information provided by the User to third parties through User’s fault;

8.9.3. For any disputes and disagreements arising between the User and third parties, including Sellers, if such disputes and disagreements are not caused by violation of Company’s obligations hereunder.

• In any circumstances, the responsibility of the Company to the User limited to an amount equal to 40 (forty) AED.

9. FINAL PROVISIONS
   • The Company is located in the United Arab Emirates. The Company is not responsible for compliance with the laws of other countries if the User uses the Resource outside the United Arab Emirates.
   • All matters relating to the operation of the Resource and the Agreement, and any dispute or claim arising out of or in connection with them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the applicable laws of the Emirate of Dubai, United Arab Emirates, without giving effect to any choice or conflict of laws provision or rule (whether of the United Arab Emirates or any other jurisdiction).
   • In the event of disputes between the Company and the User relating to the execution of the Agreement, they shall be resolved by agreement between the Parties or, if no agreement can be reached, shall be resolved in court at the location of the Company. The applicable law shall be the law of the United Arab Emirates.
   • All correspondence between the Parties, notifications and requests shall be conducted solely in English or Russian.
   • The Agreement shall enter into force from the moment of its publication on the Resource and shall remain in effect until a new version of the Agreement is adopted.

 

Contact details of the Company:

Company trade name: Versa Technology

Address: Dubai, Jumeirah Bay X2

Email Address: info@moduse.com