Terms of Usage for Miss Mafia
Effective Date: 09/28/2024
At Miss Mafia, we take pride in providing exceptional quality beauty products.
APPLICATION OF TERMS
These terms apply to any person or entity (‘you/your’) accessing Miss Mafia (‘our/the website’).
By accessing and using our website you agree to be bound by these terms.
We reserve the right to amend these terms and conditions. If amended, we will post the updates on our website. It is your responsibility to regularly check for updates that may affect you. We do not individually notify you of these revisions.
If we don’t enforce a part of these Terms, it doesn’t mean we’re giving up that right. If a court finds any part of these Terms invalid or unenforceable, the rest of the Terms will still apply.
These Terms constitute the entire agreement between us and yourself regarding the service. Any previous agreements are superseded by these terms and conditions.
These terms and conditions are to read and used in conjunction with our Privacy Policy.
PRODUCTS OR SERVICES
Miss Mafia offers a range of fashion-forward products and accessories designed to enhance your personal style and make a bold statement. These include, but are not limited to:
a) Clothing
Our clothing line features stylish and contemporary pieces, including dresses, tops, and outerwear. Each item is carefully curated to reflect the latest trends while offering timeless fashion options for all occasions.
b) Footwear
We offer a collection of chic and comfortable footwear, ranging from casual flats to statement heels. Our shoes are crafted to provide both style and functionality, making them perfect for everyday wear or special events.
c) Accessories
Miss Mafia accessories include a wide array of items such as handbags, jewelry, and scarves, all designed to complement your outfit and elevate your overall look.
ENTIRE AGREEMENT
This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation, or agreements between the parties as to the subject matter contained in this agreement.
ACCEPTABLE USE
Users are required to refrain from any attempts to disrupt the operation of Miss Mafia through the use of viruses, malware, denial of service attacks, or any other harmful methods. Any actions that may result in damage or impairment to the Service, including unauthorized access to accounts or computer systems, are strictly prohibited. The use of automated tools or malicious code to access the Service is expressly forbidden.
NON-DISPARAGEMENT
You agree not to make any defamatory or disparaging statements or comments to any third party regarding the Service, its officers, directors, employees, personnel, agents, policies, services, or products, except as required by law. This provision does not limit your ability to provide reviews or performance assessments of the Service.
HYPERLINKS
The inclusion of any link (including hyperlinks, buttons, downloadable documentation or referrals) within the Service is provided for your convenience. It is important to note that the presence of a link does not imply an endorsement, recommendation, or certification by us. Furthermore, the existence of a link should not be construed as suggesting any affiliation between the third-party website and us.
We expressly disclaim endorsement of the content on any third-party websites. We are not responsible for the content found on linked third-party websites or third-party advertisements. Additionally, we do not make representations regarding the accuracy or content of such linked websites.
It is our policy not to knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights, or patents. Your use of third-party websites is undertaken at your own risk and is subject to the terms and conditions of use specified by those websites.
COLLECTION AND USE OF PERSONAL INFORMATION
When you contact us or purchase services on our website, we will ask you to provide us with personal information such as your name, address and email address. We will handle all personal information we collect in accordance with our privacy policy, available at Privacy Policy and the applicable law.
We may otherwise collect personal information about you to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, and our business partners.
We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:
- how we store and use, and how you may access and correct your personal information;
- how you can lodge a complaint regarding the handling of your personal information; and
- how we will handle any complaint.
If you would like any further information about our privacy policies or practices, please contact us.
By providing your personal information to us, you consent to the collection, use, storage, and disclosure of that information as described in the privacy policy and these terms.
INTELLECTUAL PROPERTY
All content available on or through the Website is the intellectual property of Miss Mafia or its licensors, protected by copyright, trademark, patent, trade secret, and other applicable laws. You agree not to reproduce, modify, retransmit, distribute, sell, exploit, publish, broadcast, or circulate the content received through the Service to any third party.
Our website and its content including our products and services, may represent or contain intellectual property owned by us, including trademarks, copyrights, and proprietary information.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.
NOTICES
A notice or other communication to a party must be in writing and delivered to that party or that party’s legal representative in one of the following ways:
- Delivered personally; or
- Sent by email to their email address when it will be treated as received when the receipt by the recipient’s email server has been received.
SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms and conditions or consider it appropriate, we reserve the right to immediately and without notice, suspend or terminate your access to Miss Mafia, temporarily or indefinitely.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY GENERAL SERVICES
We cannot guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You acknowledge and agree that, on occasion, we may remove the Service for indefinite periods or cancel the Service at any time without notice to you.
You expressly understand and agree that your use of, or inability to use, the Service is at your sole risk. The Service, and all products and services delivered to you through the Service, are provided ‘as is’ and ‘as available,’ unless expressly stated otherwise by us. We disclaim all representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Miss Mafia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
GOVERNING LAW
These terms and conditions are governed by the laws of Delaware. You agree to submit to the non-exclusive jurisdiction of the courts within Delaware.
DISPUTE RESOLUTION
If a dispute arises between the parties neither party can commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause.
Disputes may arise, but not limited to, out of or in relation to your agreement to these terms and conditions or the relationship of the Parties, including without limitation, any dispute as to the existence, validity, construction, interpretation, negotiation, performance, breach, termination or enforceability of this Agreement.
- Complaint
The complainant must serve notice in writing on the respondent of the following:
- the nature of the dispute;
- the outcome the complainant desires; and
- the action the complainant believes will settle the dispute.
- Endeavour to resolve dispute
Within 14 days of the receipt, by the respondent of the notice, the parties must use their best endeavours to amicably resolve any dispute, controversy or claim, whether based on contract, tort or otherwise by negotiation.
- Mediation
If after those 14 days there are any unresolved issues, the parties will refer their dispute to a mediator nominated by Resolution Institute, and the parties will participate in good faith in mediation under the Resolution Institute Mediation Rules.
- Arbitration
If negotiations cannot be reached by way of mediation and one of the parties chooses to resolve the dispute through final and binding arbitration the following applies:
- The seat of arbitration shall be New York. The law governing this Arbitration Agreement shall be the substantive law that applies in the seat of the arbitration.
- The dispute shall be resolved by arbitration in accordance with the American Arbitration Association Rules (AAA Rules).
- The language of the arbitration shall be English.
- The number of arbitrators shall be 3.
- Survival of this clause
This clause survives the termination of this agreement.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Miss Mafia and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all liabilities, costs, expenses, damages and losses (including, without limitation, any direct, indirect, special, or consequential losses, loss of reputation and all interest, penalties and legal and other professional costs and expenses, including, without limitation, the cost of internal resources) suffered or incurred as a result of arising from or in connection with your participation in:
- Any breach or representation or warranties contained in this Agreement.
- Any actual or alleged issues related to business advice provided through Miss Mafia.
- Any violation of any Applicable Laws related to the provision of advice, including additional expenses, or fines.
- Any claim made against you for actual or alleged infringement of a third-party’s Intellectual Property rights arising out of the content or advice provided through Miss Mafia.
- Any claim made against you by a third party for personal injury or damage to property arising out of or in connection with the advice provided through Support.
- Any claim made against you by a third party arising out of or in connection with the provision of business advice, to the extent that such claim arises out of a breach, negligent performance, or failure in performance.
FORCE MAJEURE
Neither party shall be liable to the other party for any loss caused by a Force Majeure Event, due to any failure to observe the terms and conditions of this agreement, where such failure is not within a party’s reasonable control. Such events caused beyond reasonable control including but not limited to:
- natural disasters such as fire, flood, drought, earthquake or any other event declared as a natural disaster;
- terrorist attack, civil war, war, armed conflict, imposition of sanctions, or embargo; or
- riot, strikes, lock downs, restrictions and prohibitions or any other actions by any government or semi government authorities.
If a party is prevented from or delayed in performing any of its obligations under this Agreement due to a Force Majeure Event, the Affected Party shall, as soon as reasonably practicable after the start of the Force Majeure Event but no later than five (5) Business Days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement.
The Affected Party shall use all reasonable endeavors to mitigate the effect of the Force Majeure Event.
PRESUMPTION OF ACCEPTANCE
By making a purchase from Miss Mafia, you acknowledge and agree that you have read, understood, and accept these terms and conditions in their entirety. Your act of purchasing from us serves as a presumption of acceptance of these terms and conditions, effective from the moment you initiate a purchase through our platform, website, or any other means of transaction.
Should you disagree with any part of these terms and conditions, you retain the right to reject them. However, any rejection must be communicated to us in writing within 7 days from the date of purchase. Your continued use of the purchased goods or services beyond the specified timeframe for rejection constitutes an ongoing acceptance of these terms and conditions.