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Terms and Conditions

TERMS AND CONDITIONS – WEARTHAT.ME

The www.wearthat.me website is operated by Allied Enterprises L.L.C, trading as Wear That, a limited liability company duly organized under the laws of the United Arab Emirates, under the Commercial License number 203385, whose registered address is at P.O. Box 30069, Dubai, United Arab Emirates.

By visiting the Website you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use of the Website and all content, products, styling services and functionalities available on the Website (or any of our other websites and related micro-sites accessed through the URL www.wearthat.me and related domain names)

If you wish to use our Services, you must read and agree to be bound by our policies relating to those Services. In particular, your attention is drawn to our policies relating to the terms of purchase and our Privacy Policy. If you are a minor and/or are aged under 18, you must let your parent or guardian know about our Privacy Policy before you register to use this Website or any of the Services.

We grant you a non-transferable and revocable personal license to use the software that is provided to you by us as part of the Website, for the sole purpose of enabling you to use and enjoy the benefit of our Services, as provided by Wear That in the manner permitted by the Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in writing in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you, and without prejudice to any other rights of Wear That.

1.     REGISTRATION

Certain Services and related features, such as but not limited to the Wear That styling service, newsletters, and other features that may be made available on the Website may require registration or subscription to enable your use of them. Should you choose to register or subscribe for any such Services or related features, you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes. We may change our registration or subscription requirements from time to time. As a user of the Website you are solely responsible for keeping passwords and other account identifiers safe and secure. As a user of the Website you are entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us immediately of any unauthorized use of your password or account. Wear That shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph. You may be liable for our losses or others due to such unauthorized use.

Please refer to our Privacy Policy for information about how we use your data.

2.     WEAR THAT STYLING SERVICES

In order to become a client of Wear That and use the Services, you must register on the Website and provide:

•     Your name;

•     Your email address; and

•     any other registration information requested from time to time.

You must select a password for your account that you should keep private and confidential and not share with any third parties.

During the account creation process we will also ask for additional information about you, including your size, fit and style preferences in order to create your style profile (“Style Profile”). In order to ensure that the Services continue to work best for you, you must keep your Style Profile up to date. Wear That will incur no liability for the Services in relation to your Style Profile.

Other than for Direct Purchases (see clause 5 (Direct Purchases) below), even though Wear That will make reasonable efforts to follow the style and price preferences you express in your Style Profile, we do not guarantee that every item in your Box will meet those preferences.

You must be at least 18 years old to use the Services. Wear That reserves the right to cancel any request for the Services if we in our sole discretion suspect that you or any person requesting to use the Services are under 18 years old.

Wear That further reserves the right, in our sole discretion, to suspend your account, your use of the Services or the sending of Boxes at any time at our discretion, as necessary to protect the security or operation of the Services or any other reason whatsoever.

3.     REQUESTING AND SCHEDULING A BOX

Once you have registered, you may request a Wear That stylist to curate you various fashion items and accessories (the “Products”) that will be sent to you in a Wear That box (a “Box”), which will be scheduled through the Services on the Website. You may also request that we automatically send you a Box on regular intervals, without having to manually schedule each Box individually.

A requested Box will include 1-15 items chosen by our stylists which are then sent to you. Information regarding shipping and returns can be found below. You may also be able to select particular items (for example that you have seen on our social media accounts) to be included in your Box however Wear That does not guarantee that we will be able to provide such particular items.

Your scheduling of a Box or Direct Purchase is an offer to purchase the Products. We may accept your offer by processing your Styling Fee payment and shipping you the Box, or by shipping the Direct Purchase. For any reason, we may decline to accept your request for a Box. If we decline to accept your request for a Box, we may will notify you at the email address you provided.

You may change the scheduled date for your requested box by providing us with at least five (5) calendar days written notice prior to the date of shipment. You will receive an email confirmation when your shipment is ready.

The products and available Services appearing for sale on the Website are subject to acceptance and availability. If, for any reason following the placement of a request for a Box, Product(s) or for Services, we are unable to supply a particular Product or Service, we will inform you as soon as possible and cancel your request.

All requests for Boxes, Products or Services are subject to acceptance. We reserve the right to refuse or cancel any request for any reason, including inaccuracies, or errors in service, product or pricing information, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item requested does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms and Conditions or any other problem identified by us.

Unless cancelled, acceptance of your request will be perfected five (5) days prior to the date of delivery of the Box. Completion of the contract between you and Wear That will be perfected when we dispatch the products to you, at which time your account dashboard will be updated to ‘Delivered” against your order. The sale contract is therefore concluded in Dubai, United Arab Emirates and the language of the contract is English. Neither our third-party payment processor nor our nominated courier has the authority to accept an order on behalf of Wear That.

We may refuse to process a request or transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product or service from the Website, whether or not that product has been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Every effort is made to make sure all details on the Website are accurate, however we may from time to time discover an errors. If we discover an error in your request, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil a request for a product that was advertised and reserve the right to cancel such an request that has been accepted or is in transit. If you order a Product that is priced incorrectly, we will email or telephone you to inform you that we have not accepted your request and/or that the relevant part of your request has been cancelled. If you have already paid for the Product(s), we shall refund the full amount or re-credit your account in such sum as soon as we are able. In the event that products are recalled in transit, we will process your refund/re-credit once the products have been returned to us.

By confirming your purchase at the end of the process, you agree to accept and pay the full amount payable for the Product(s) as set out in your request, including any delivery charges applicable to that request.

4.     THE BOX

Once you receive your Box, you will have three (3) calendar days in order to try on the Products and choose if you would like to either keep or return various items (the “Try-On Period”).

If you want to send back any of the Product in your Box, simply place them in the return package we provide and we will collect them at no additional cost. You will only be charged for items you keep and not for items that you have returned to us in your Box after the Try-On Period has ended.

Risk in all the Products transfers to you upon delivery of the Box to you and shall remain with you at all times while the Box and the Products are in your possession. You are therefore liable for any loss or damage to the Products of the Box during the Try-On Period and for the avoidance of doubt while the Products are in your possession.

After you return the Box to us, Wear That will inspect the items and determine in our sole discretion whether (i) any Products have been damaged; and/or (ii) are not returned to us unworn and in their original condition; and/or (iii) do not have the tags in place. If you return the Products unworn, undamaged, in their original condition and with all the tags in place, you will be deemed to have rejected the Product(s) and risk in the products returns to us. If not, you will be deemed to have accepted the Product(s) and you will be charged the full price of the item. Wear That will then endeavour to send you such Products that are deemed accepted however shall incur no liability in this regard.

We will assume that you have chosen to keep any Products in the Box that you do not postmark back to us by the end of the Try-On Period, and we will charge your credit or debit card (or other payment method) automatically for those Products any time after the end of the Try-On Period.

If we do not receive any items from you after five (5) calendar days have lapsed from the end of the Try-On period, you will be deemed to have accepted the entire contents of the Box and will be charged the full value of the Products.

Title in your chosen Products will transfer to you directly from the supplier upon receipt of your payment.

5.     DIRECT PURCHASES

You may also request to purchase individual items that you have seen on Wear That’s social media or otherwise. Wear That does not guarantee the availability of any such items or that it will be able to process the direct purchase, which will be assessed on a case by case basis and carried out by Wear That in its sole discretion. If you request a direct purchase, you consent for Wear That to contact you and process your personal data for the purpose of carrying out the direct purchase. Your data will be processed in accordance with our Privacy Policy.

6.     FEES AND PAYMENT

Prior to shipping you a Box, you will be charged a non-refundable amount of AED105 (Arab Emirate Dirhams One Hundred and Five) (“Styling Fee”).

The Styling Fee will be charged to your credit or debit card (or other applicable payment method) in accordance with these terms and conditions. You may be charged at any time between the time the order is placed and when your Box is shipped.

The Styling Fee is a one-time fee and will go towards all your future Boxes.

You will also be charged for the Products of a requested Box that you have accepted in accordance with clause 4 (The Box) above. You are responsible for paying for all Products in your Box, whether they conform to your Style Profile or not, unless you return the Products in accordance with our policies.

If you are a customer whose credit/debit card is not denominated in United Arab Emirates Dirhams, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

We accept the following forms of payment:

¡        credit/debit card: VISA/MASTERCARD/AMERICAN EXPRESS

All credit/debit card payments are subject to validation checks and authorization by the issuer. If the issuer of the credit/debit card refuses to authorize payment, we will not be liable for any delay or non-delivery. We will cancel your order and contact you for an alternative method of payment.

The details on the credit/debit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be debited and cleared from your account upon completion of the shipping of your order by Wear That. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it.

No credit/debit cards’ details will be stored, sold, shared, rented or leased to any third parties except by our online payment gateway service provider.

We take reasonable care to make the Website secure. Rest assured that your card number will be protected using SSL (Secure Socket Layer). SSL is a security technology that encrypts your card details and provides a secure connection between Internet browsers and websites, allowing you to transmit private data online. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized.

The cost of the Styling Fee and the prices of the Products are in your local currency and are inclusive of any applicable taxes or import duties. You are responsible for the payment of the Styling Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Wear That may provide certain promotions or credits to customers in its sole discretion. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt. There will be 5% VAT charged on shipping and COD rates for UAE and KSA

You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services.

7.     DELIVERY

Wear That delivers to the United Arab Emirates.

Available delivery dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory, geography, and automatic shipping preference.

Wear That will deliver your Box or direct purchases to the address specified in your order.

Delivery charges will be indicated during your check out process, in your local currency. Currently we are not charging any fees for delivery, however we reserve the right to include delivery charges in our sole discretion.

Orders may not be shipped to P.O. boxes, AFO/FPO addresses or to any address outside the United Arab Emirates.

Wear That will process your orders Saturday through Thursday excluding Friday and public holidays.

If no one is available to accept delivery of the order, you will have the option to arrange for an alternative delivery date or be given additional information about the collection of your order from the courier company.

 

8.     RETURNS AND EXCHANGE

 

It is our intention to ensure our customers are satisfied with their purchases from us.

Please note that we do not offer any returns or exchanges on purchased Products. You are invited to return your Product during the Try-On Period and then place a new request for a Box for the Product you wish to purchase, subject to stock availability.

In exceptional circumstances and at the sole discretion of Wear That, returns or exchanges for items purchased from your Box may be offered. To request an exchange of a purchased item, please contact [email protected]. For an exchange to be considered, it must be within three (3) business days since the time of purchase. Each exchange request will be treated on a case-by-case basis and Wear That reserves the right to refuse to exchange any Products without limitation in its sole and absolute discretion.

All products must be returned to us unused and with all tags, if any, still attached and in the same condition as received, in their original box and packaging, along with the original invoice within the Try On Period. We will not accept any returns if the original packaging has been opened or tampered with.

Returns that are damaged or soiled will not be accepted and will be returned to you.

Once we have received and inspected the returned Product(s) and approved the return, Store Credit will be offered for the value of the Product(s) (if applicable), with the exception of applicable taxes or import duties and delivery and return charges.

A Product is deemed to be damaged or defective if it is received as damaged or where a manufacturing fault occurs within one (1) month of purchase. Items that are damaged as a result of normal wear and tear are not considered to be damaged or defective. Where possible, we will offer to repair the defective items under certain circumstances.

For all defective items outside of our Return Policy, please contact our Customer Service Team at [email protected]. Should you receive an item that is not in perfect condition please contact us immediately.

In the case that a refund is approved by Management under exceptional circumstances, and if you paid by credit/debit card, we will process the refund by crediting the same credit/debit card used when the order was placed. Please note that refunds can take up to ten (10) business days to show on your account due to varying processing times between payment providers.

If you received an item as a gift and wish to return it, please contact our Customer Service who will be happy to discuss further.

All products must be unused and with all Wear That and designer tags still attached and in the same condition as received, in their original box and packaging, with the original invoice within 3 days of the date of your order.

 

9.     CANCELLATION

We fully understand that sometimes you might change your mind regarding your purchase. If you change your mind before receiving your Box, you may cancel an upcoming Box by accessing your account and cancelling the box at least five (5) days before the Box is due to ship. The Styling Fee is non-refundable even if you cancel a Box.

 

10.  GIFT CARDS

 

You may purchase Wearthat.com gift cards through [email protected]. Wear That Gift Cards can be redeemed solely through our Services for Products or Styling Fees, or any other item that Wear That may decide in its sole discretion. Wear That Gift Cards cannot be redeemed for cash except where required by law. The minimum gift voucher is AED 105, the customer can select the amount they wish to spend from AED 105 and upwards.  For balance information, or to replace the remaining value on a damaged card, contact:  [email protected]. Wear That Gift Cards require no maintenance, activation, or other fees. Wear That reserves the right to close accounts or request alternative forms of payment if a Wear That Gift Card is fraudulently obtained or used. For full terms and conditions for gift cards

Purchasing and Redemption

These terms (“Gift Card Terms”) apply to the use of a Wear That Gift Card (“Gift Card”), when purchased via the Wear That website in digital form. Use of the Gift Card constitutes acceptance of the Wear That Terms of Use (https://wearthat.me/page/terms-and-condition), Privacy Policy https://wearthat.me/page/privacy-policy), and these Gift Card Terms. If do not agree with these Gift Card Terms, do not purchase or use the Gift Card.

You may purchase Gift Cards for variable amounts, as available. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. Gift Cards may only be purchased and redeemed by persons residing in the U.A.E, its territories, or military posts.

The only way to redeem the Gift Card is through the Wear That website for both products and styling fees. You do not need a Wear that account (“Account”) to purchase Gift Cards, but use of a Gift Card balance requires an Account. The method of redemption of Gift Cards is subject to change in Wear That’s sole discretion. If an order exceeds the amount of the Gift Card, the balance must be paid with a payment method accepted by Wear That.

Personal information that you provide in connection with the purchase or redemption of Gift Cards will be governed by the Wear That Privacy Policy.

You may be able to obtain your gift card balance by contacting Wear That customer service [email protected]. The Gift Card balance relayed to you by a customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.

No fees apply to Gift Cards.

Gift Cards expire in 6 months after purchase.

Use and Limitations

Gift Cards are not reloadable. Gift Cards cannot be redeemed for other Gift Cards or transferred to others.

Accounts once redeemed.Gift Cards are not returnable or refundable for cash except as otherwise provided by law.

Risk of Loss

Wear That shall have no liability to you for Gift Cards that are lost, destroyed, altered, or used without your permission. Wear That may elect in limited circumstances at its own discretion to replace the remaining value of any lost, destroyed, or altered Gift Cards.

Fraud

We reserve the right to void Gift Cards, close Accounts, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied fraudulently, unlawfully, or otherwise in violation of these Gift Card Terms.

Limitation of Liability and Gift Cards

IN THE EVENT A GIFT CARD THAT HAS NOT BEEN FULLY REDEEMED IS NON-FUNCTIONAL, WEAR THAT SHALL BE FOR THE REPLACEMENT OF SUCH GIFT CARD.

 

11.  ELIGIBILITY

The purchase of products or services through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the United Arab Emirates.

In order to use the Services, request a Box or purchase Products on the Website, you must provide your personal details, including your real first and last name, valid mobile telephone number, alternate contact phone number, valid e-mail address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided.

The Website is only available to persons who meet Wear That terms of eligibility, those who hold a valid credit/debit card by a bank acceptable to Wear That, and those who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the product(s) which they purchase. Products purchased are for personal or gift use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit. Wear That reserves the right to restrict multiple quantities of a Box, Products or any item being shipped to any one customer or delivery address.

By making an offer to purchase Products(s) or Services, you expressly authorize Wear That to perform credit checks and to transmit or obtain your credit/debit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit/debit card, obtain an initial credit/debit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for information about how we use your data.

12.  PRODUCTS LIABILITY

By buying products through our Website, you acknowledge and agree that Wear That carries no product liability save as described in the preceding paragraphs in relation to returning and exchanging the products or refunding/crediting the price paid, and that full liability for the products rests with the manufacturer. The terms of the manufacturer’s product liability are found in the product’s package or in the notice that accompanies the products.

13.  INTELLECTUAL PROPERTY

All copyright, trademarks, trade names, trade dress, designs, the “look and feel” of the Website, other intellectual property and material, rights on and relating to the Website including software and all HTML and other code contained in the Website, page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads and video clips (collectively, the “IP”) are and shall at all times remain vested in Wear That and/or are the property of their respective owners, and are protected by the United Arab Emirates and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only as expressly authorized by Wear That and/or its third party licensors provided, however, that you (i) do not modify or alter the IP in any way; and (ii) do not provide or make available the IP to any third party in a commercial manner. You will not acquire any copyright, trademark or other proprietary rights whatsoever in the IP. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP or our Website. The IP may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the IP is strictly prohibited.

Wear That is the exclusive owner or licensee of the IP (as applicable) and is the exclusive licensee of the URL domain name.

14.  CONTENT

Wear That provides no warranty as to the accuracy of the content on the Website, nor does it warrant that such content is error free or reliable or that your use of the content will not infringe the rights of third parties. Wear That does not warrant that the functional aspects of the Website or its content will be error free or that the Website, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment or data, Wear That is not responsible in any way for those costs. Wear That makes no warranty regarding the Website’s content, software, text, downloads, graphics or links, or any results from using the Website and you bear the entire risk of the completeness, accuracy or usefulness of any content on this Website. Wear That reserves the right to withdraw any content from the Website at any time and for any reason. Removal may be immediate and without notice. You confirm that Wear That is not liable to you or any third party for any such withdrawal.

We endeavor to provide an accurate description of the products on our Website and to display the colours of the products as accurately as possible. We cannot guarantee that your monitor’s display of any colour will be accurate.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Wear That and we accept no responsibility for any such views expressed in any media.

15.  YOUR CONTENT

You are responsible for your use of the Website, for any information, text, graphics, photos or other materials which you upload or post to the Website (collectively “Your Content”), and for any consequences thereof. Most content you submit, post, or display through the Website is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide content that you are comfortable sharing with others under these Terms and Conditions. When posting Your Content, you agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. We may not monitor or control Your Content and, we cannot take responsibility for Your Content. Any use or reliance on Your Content, or content provided by any party other than Wear That (such as other users) (“Other Content”) or obtained by you through the Website is at your own risk. Your Content may be moderated and may take up to 48 hours to be displayed but Wear That does not commit to checking all Your Content or Other Content and will not be liable for the same. If you have a complaint about any posts please contact our Customer Service. Wear That reserves the right, in its sole discretion, not to publish or to remove any Your Content or Other Content that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data or improperly uses the medium for promoting and advertising businesses.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Content or endorse any opinions expressed via the Website. You understand that by using the Website, you may be exposed to Other Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any of Your Content or Other Content, including, but not limited to, any errors or omissions in Your Content or Other Content, or any loss or damage of any kind incurred as a result of the use of Your Content or Other Content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.

You retain your rights to Your Content. By submitting, posting or displaying Your Content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Wear That to provide, promote, and improve the services it provides and to make Your Content available to other companies, organizations or individuals who partner with Wear That for the syndication, broadcast, distribution or publication of Your Content on other media and services, subject to our terms and conditions for Your Content use. Such additional uses by Wear That, or other companies, organizations or individuals who partner with Wear That, may be made with no compensation paid to you with respect to Your Content.

We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Wear That, its users and the public.

You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the Terms and Conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Your Content in such a manner as to interfere with or create an undue burden on the Website.

16.  INDEMNIFICATION

You agree, at our request, to defend, indemnify, and hold harmless Wear That and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of these Terms and Conditions or the use by any other person accessing the Website using your Internet account. Wear That reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the Website.

17.  AVAILABILITY

You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that Wear That cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside Wear That’s control, such as, for example, transmission and telecommunication links between Wear That and you and between Wear That and other systems and networks.

Wear That may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. Wear That is not liable for any modification to or suspension or interruption of the Website.

18.  DISCLAIMER

OUR WEBSITE IS PROVIDED BY WEAR THAT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEAR THAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEAR THAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WEAR THAT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.

19.  LIMITATION OF LIABILITY

Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of the United Arab Emirates.

The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WEAR THAT OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WEAR THAT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL WEAR THAT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.

20.  MISCELLANEOUS

We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.

These Terms and Conditions constitute the whole legal agreement between you and Wear That and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and Wear That in relation to the same.

You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and Wear That may stop providing the same (or any features within them) to you or to users.

You understand that Wear That grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and Wear That reserves the right to revoke these exceptions either generally or in specific cases.

You understand that you are solely responsible for (and that Wear That has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Wear That may suffer) of any such breach.

If Wear That does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of Wear That’s rights.

You and Wear That are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Wear That. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.

If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.

These Terms and Conditions are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail.

These Terms and Conditions are governed by the laws of the Emirate of Dubai, United Arab Emirates and all disputes arising hereunder are subject to the exclusive jurisdiction of the Dubai courts.

21.  CONTACT US - CUSTOMER SERVICE

If you have any questions about the Terms and Conditions or any aspect of your order, please contact our Customer Service by email at [email protected] or by telephone/WhatsApp at +971 50 324 9731 every day from 10 AM to 6 PM (UAE TIME).

 

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