Terms of Services

Terms and Conditions

By accessing and placing an order through By Mona Fashion, you acknowledge that you agree to and are bound by the following Terms & Conditions. These terms are applicable to the entire website and any communications, including emails, exchanged between you and By Mona Fashion.

Under no circumstances will the By Mona Fashion team be held liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profits, resulting from your use of or inability to utilize the materials on this site, even if advised of the possibility of such damages. Should your use of materials from this site lead to the need for servicing, repair, or correction of any equipment or data, you will bear all related costs.

By Mona Fashion is not responsible for any outcomes that may arise from your use of our resources. We retain the right to change prices and modify our resource usage policies at any time.

License

By Mona Fashion provides you with a revocable, non-exclusive, non-transferable, limited license to download, install, and use the website in strict accordance with these Terms & Conditions.

These Terms & Conditions form a contract between you and By Mona Fashion (hereafter referred to as "By Mona Fashion," "us," "we," or "our"), the provider of the By Mona Fashion website and the associated services (collectively referred to as the "By Mona Fashion Service").

You agree to comply with these Terms & Conditions. If you do not accept these Terms & Conditions, we kindly ask you to refrain from using the By Mona Fashion Service. In these Terms & Conditions, "you" refers both to you as an individual and to any entity you represent. Any breach of these Terms & Conditions may lead to the cancellation of your account or restricted access to your account without prior notification.

Definitions and Key Terms

For clarity within these Terms & Conditions, the following terms are defined as follows:

  • Cookie: A small data file created by a website and stored by your web browser, utilized to identify your browser, provide analytics, and remember details about you, such as your language preferences or login information.
  • Company: When referring to "Company," "we," "us," or "our," it denotes Mtr web solutions & management fzco, Silicon oasis Dubai, which is responsible for managing your information under these Terms & Conditions.
  • Country: The nation in which By Mona Fashion or its owners/founders are located, specifically Australia.
  • Device: Any internet-enabled device, including phones, tablets, and computers, that can access By Mona Fashion and utilize its services.
  • Service: Refers to the offerings provided by By Mona Fashion as detailed in the relevant terms (if available) and on this platform.
  • Third-party Service: Refers to advertisers, contest sponsors, marketing partners, and other entities that provide content or whose products or services may be of interest to you.
  • Website: The By Mona Fashion site, accessible via https://bymonafashion.com/.
  • You: An individual or entity registered with By Mona Fashion to access and use the Services.

Restrictions

You agree that you will not, and you will not allow others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the website, nor make the platform available to any third party.
  • Modify, create derivative works from, disassemble, decrypt, reverse compile, or reverse engineer any portion of the website.
  • Remove, alter, or obscure any proprietary notices (including any copyright or trademark notices) of By Mona Fashion or its affiliates, partners, suppliers, or licensors.

Return and Refund Policy

Thank you for shopping at By Mona Fashion. We appreciate your interest in our products and want to ensure you have a fulfilling experience while exploring, evaluating, and purchasing from us.

As with any shopping experience, certain terms and conditions apply to transactions at By Mona Fashion. We aim to keep this concise while providing all necessary information. The key takeaway is that by placing an order or making a purchase at By Mona Fashion, you are agreeing to these terms in conjunction with our Privacy Policy.

If for any reason you are not entirely satisfied with a product or service we provide, please reach out to us. We are here to address any concerns you may have regarding your purchase.

Your Suggestions

Any feedback, comments, ideas, enhancements, or suggestions (collectively referred to as "Suggestions") you provide to By Mona Fashion concerning the website will remain the exclusive property of By Mona Fashion.

By Mona Fashion reserves the right to use, copy, modify, publish, or redistribute your Suggestions for any purpose and in any manner without providing credit or compensation to you.

Your Consent

We have revised our Terms & Conditions to ensure complete transparency regarding what is set when you visit our site and how it is utilized. By using our website, creating an account, or making a purchase, you consent to our Terms & Conditions.

Links to Other Websites

These Terms & Conditions apply solely to our Services. The Services may contain links to external websites not operated or controlled by By Mona Fashion. We are not responsible for the content, accuracy, or opinions expressed on these external sites, nor do we investigate, monitor, or check their accuracy or completeness. When you use a link to navigate from our Services to another website, our Terms & Conditions will no longer be applicable. Your browsing and interactions on any other website, including those linked from our platform, are governed by the terms and policies of that specific website. These third parties may use their own cookies or other methods to gather information about you.

Cookies

By Mona Fashion utilizes "Cookies" to identify the sections of our website you have visited. A Cookie is a small piece of data that your web browser stores on your computer or mobile device. We use Cookies to improve the performance and functionality of our website, though they are not essential for its use. However, without these Cookies, certain functionalities, such as videos, may not be accessible, and you may need to re-enter your login details each time you visit the site, as we would be unable to remember your prior login. Most web browsers can be adjusted to disable Cookies, but if you choose to disable them, you may find that some functionalities on our website do not work correctly or at all. We do not store Personally Identifiable Information in our Cookies.

Changes to Our Terms & Conditions

You acknowledge and agree that By Mona Fashion may, at its sole discretion, cease (either temporarily or permanently) to provide the Service (or any features within the Service) to you or to users generally, without prior notice. You are free to stop using the Service at any time and are not required to notify By Mona Fashion when you do so. You understand that if By Mona Fashion disables access to your account, you may be barred from accessing the Service, your account details, or any files or materials contained within your account.

If we decide to update our Terms & Conditions, we will post those changes on this page and/or update the modification date below.

Modifications to Our Website

By Mona Fashion holds the right to modify, suspend, or permanently discontinue the website or any connected services, with or without prior notice and without any liability to you.

Updates to Our Website

From time to time, By Mona Fashion may introduce enhancements or improvements to the website’s features and functionality, which may include patches, bug fixes, updates, upgrades, and other modifications (collectively termed "Updates").

These Updates may alter or remove specific features and/or functionalities of the website. You agree that By Mona Fashion has no obligation to (i) provide any Updates or (ii) maintain or enable any particular features and/or functionalities of the website for you.

You also acknowledge that all Updates will (i) be considered integral to the website and (ii) be subject to the terms and conditions of this Agreement.

Third-Party Services

Our website may showcase, include, or provide access to third-party content (including data, information, applications, and other products and services) or link to third-party websites or services ("Third-Party Services").

You understand and agree that By Mona Fashion is not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspects. By Mona Fashion assumes no liability or responsibility to you or any other individual or entity for any Third-Party Services.

Links to Third-Party Services are offered solely for your convenience; you access and use them at your own risk and subject to the terms and conditions of those third parties.

Term and Termination

This Agreement will remain effective until either you or By Mona Fashion decides to terminate it.

By Mona Fashion reserves the right, at its sole discretion, to suspend or terminate this Agreement at any time, for any reason, with or without prior notice.

This Agreement will automatically terminate without notice from By Mona Fashion if you fail to comply with any terms herein. You can also terminate this Agreement by deleting the website and all copies from your devices.

Upon termination, you must cease all use of the website and remove all copies from your devices.

Termination of this Agreement will not affect any rights or remedies available to By Mona Fashion in law or equity in the event of a breach by you (during the term of this Agreement) of any obligations outlined herein.

Copyright Infringement Notice

If you are a copyright owner or an authorized representative of such an owner and believe that any material on our website infringes upon your copyright, please contact us and provide the following information: (a) a physical or electronic signature of the copyright owner or an authorized individual; (b) identification of the infringing material; (c) your contact information, including your address, phone number, and email; (d) a statement asserting your good faith belief that the use of the material is unauthorized; and (e) a statement that the information provided is accurate, and you are authorized to act on behalf of the copyright owner under penalty of perjury.

Indemnification

You agree to indemnify and hold harmless By Mona Fashion, including its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any), from any claims or demands, including reasonable attorney's fees, arising from your: (a) use of the website; (b) violation of this Agreement or any applicable laws; or (c) infringement of any rights of third parties.

No Warranties

The website is provided to you "AS IS" and "AS AVAILABLE," with all faults and without any warranty. To the fullest extent permitted by law, By Mona Fashion, on its own behalf and on behalf of its affiliates and their licensors and service providers, expressly disclaims all warranties, whether express or implied, regarding the website, including implied warranties of merchantability, fitness for a specific purpose, title, and non-infringement, as well as any warranties arising from the course of dealing or usage.

By Mona Fashion makes no representations or warranties that the website will meet your expectations, achieve desired results, function compatibly with any other software or services, operate without interruptions, meet performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Additionally, neither By Mona Fashion nor any of its service providers guarantees the operation or availability of the website, or the information, content, materials, or products contained within it; that the website will be uninterrupted or free from errors; that the accuracy, reliability, or currency of any information or content will be maintained; or that the website, its servers, or any communications from By Mona Fashion are free of harmful components such as viruses, malware, or other harmful materials.

Certain jurisdictions do not allow for the exclusion of or limitations on implied warranties or restrictions on statutory rights, so some or all of the above exclusions may not be applicable to you.

Limitation of Liability

Regardless of any damages you may incur, the total liability of By Mona Fashion and its suppliers under any provision of this Agreement is limited to the amount you actually paid for the website.

To the fullest extent permitted by law, neither By Mona Fashion nor its suppliers shall be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, loss of data, business interruptions, personal injury, or loss of privacy) arising out of or related to your use of or inability to use the website, third-party software, or hardware utilized in connection with the website, or in relation to any provision of this Agreement, even if By Mona Fashion or any supplier has been advised of the potential for such damages, and even if the remedy fails in its essential purpose.

Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Severability

If any provision of this Agreement is deemed unenforceable or invalid, that provision will be modified and interpreted to achieve the intent of the provision as closely as possible under applicable law, while the remaining provisions will continue in full force and effect.

This Agreement, along with the Privacy Policy and any other legal notices published by By Mona Fashion regarding the Services, represents the entire agreement between you and By Mona Fashion concerning the Services. Should any provision be found invalid by a court of competent jurisdiction, the remaining provisions will remain valid and enforceable. No waiver of any term of this Agreement shall be considered a further or continuing waiver of such term or any other term, and By Mona Fashion's failure to assert any right or provision under this Agreement does not constitute a waiver of that right or provision. You and By Mona Fashion agree that any cause of action arising from or related to the Services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

Waiver

Except as stated herein, the failure to exercise any right or require the performance of any obligation under this Agreement does not affect a party's ability to exercise that right or require that performance at any time in the future. A delay in exercising any right or power shall not be interpreted as a waiver of that right or power. Furthermore, no single or partial exercise of any right or power under this Agreement prevents further exercise of that or any other right granted herein. In the case of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will prevail.

Amendments to This Agreement

By Mona Fashion reserves the right, at its discretion, to modify or replace this Agreement at any time. If a revision is significant, we will notify you at least 30 days prior to the new terms taking effect. What constitutes a significant change will be determined at our discretion.

By continuing to access or use our website after any revisions take effect, you agree to be bound by the updated terms. If you do not agree to the new terms, you are no longer authorized to use By Mona Fashion.

Entire Agreement

This Agreement constitutes the complete agreement between you and By Mona Fashion regarding your use of the website and supersedes all previous agreements, both written and oral, between you and By Mona Fashion.

You may be subject to additional terms and conditions when you use or purchase other services from By Mona Fashion, which will be provided to you at the time of such use or purchase.

Updates to Our Terms

We may update our services and policies, which may require us to modify these Terms to ensure they accurately reflect our services and policies. Unless otherwise required by law, we will notify you (e.g., through our services) before making any changes to these Terms and give you an opportunity to review them before they take effect. If you continue to use the services, you will be bound by the updated Terms. If you do not agree with these or any updated Terms, you may delete your account.

Intellectual Property

The website, along with its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), is owned by By Mona Fashion, its licensors, or other providers of such materials and is protected by international copyright, trademark, patent, trade secret, and other intellectual property rights. The material may not be copied, modified, reproduced, downloaded, or distributed in any manner, in whole or in part, without the express prior written consent of By Mona Fashion, unless expressly permitted in these Terms & Conditions. Any unauthorized use of the material is strictly prohibited.

Agreement to Arbitrate

This section applies to any dispute except for claims related to injunctive or equitable relief regarding the enforcement or validity of your or By Mona Fashion's intellectual property rights. The term “dispute” refers to any disagreement, action, or controversy between you and By Mona Fashion concerning the services or this agreement, whether arising from contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” shall be interpreted broadly as permissible by law.

Notice of Dispute

In the event of a dispute, either you or By Mona Fashion must provide a Notice of Dispute, which is a written statement that includes the name, address, and contact information of the party giving notice, the facts leading to the dispute, and the relief sought. Any Notice of Dispute must be sent via email to: info@bymonafashion.com. By Mona Fashion will send any Notice of Dispute to you by mail to your address, if available, or to your email address. You and By Mona Fashion will make efforts to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After this period, either party may proceed to arbitration.

Binding Arbitration

If the dispute is not resolved through informal negotiation, any further efforts to resolve the issue will occur exclusively through binding arbitration as outlined in this section. By participating in this agreement, you waive your right to litigate any disputes in court before a judge or jury. The arbitration will be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any necessary interim or preliminary injunctive relief from a court of competent jurisdiction to protect their rights or property while awaiting arbitration. All legal, accounting, and other costs incurred by the prevailing party will be covered by the non-prevailing party.

Submissions and Privacy

If you submit or post any ideas, suggestions, designs, photographs, information, advertisements, data, or proposals, including concepts for new or improved products, services, features, technologies, or promotions, you agree that such submissions will be treated as non-confidential and non-proprietary. They will become the sole property of By Mona Fashion without compensation or credit to you. By Mona Fashion and its affiliates are not obligated to respect such submissions and may use the ideas contained in them for any purpose and in any medium indefinitely.

Promotions

By Mona Fashion may, from time to time, conduct contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to provide personal information. Please be aware that all Promotions may be subject to separate rules, which may include specific eligibility requirements, such as age or geographic restrictions. You are responsible for reviewing all Promotion rules to determine your eligibility. By entering any Promotion, you agree to comply with all applicable rules.

Additional terms and conditions may apply to purchases of goods or services on or through our services, and these will be incorporated into this agreement by reference.

Typographical Errors

In the event a product or service is listed at an incorrect price or with inaccurate information due to typographical errors, By Mona Fashion reserves the right to refuse or cancel any orders placed for the incorrectly listed product or service. This right applies regardless of whether the order has been confirmed and your payment method has been charged. If your payment method has been charged and your order is canceled, By Mona Fashion will promptly issue a credit to your account for the amount charged.

Miscellaneous

If a court of competent jurisdiction finds any part of these Terms & Conditions to be unenforceable, the remainder will remain in effect. Any waiver of any provision will only be effective if in writing and signed by an authorized representative of By Mona Fashion. By Mona Fashion is entitled to seek injunctive or other equitable relief without the need to post a bond in the event of any breach or anticipated breach by you. The By Mona Fashion service is operated and controlled from its offices in Silicon Oasis, Dubai. The service is not intended for distribution or use by any person or entity in any jurisdiction where such distribution or use would violate local law or regulation. Those who choose to access the By Mona Fashion service from other locations do so at their own risk and are solely responsible for complying with local laws, where applicable. These Terms & Conditions (which include the By Mona Fashion Privacy Policy) represent the entire understanding between you and By Mona Fashion regarding its subject matter and cannot be modified by you. Section headings in this agreement are for convenience only and hold no legal significance.

Disclaimer

By Mona Fashion is not responsible for any content, code, or inaccuracies.

By Mona Fashion does not provide warranties or guarantees.

In no event shall By Mona Fashion be liable for any special, direct, indirect, consequential, or incidental damages, or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising from or in connection with the use of the service or its contents. By Mona Fashion reserves the right to make modifications to the content of the service at any time without prior notice.

The By Mona Fashion service and its contents are provided "as is" and "as available," without any warranties or representations of any kind, either express or implied. By Mona Fashion acts as a distributor, not a publisher, of third-party content, exercising no editorial control and making no warranties regarding the accuracy, reliability, or currency of any information provided through or accessible via the By Mona Fashion service. By Mona Fashion specifically disclaims all warranties in any content transmitted in connection with the By Mona Fashion service or on linked sites, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No oral or written information provided by By Mona Fashion or any of its affiliates, employees, officers, directors, or agents creates a warranty. Prices and availability are subject to change without notice. Additionally, By Mona Fashion does not warrant that the service will be uninterrupted, uncorrupted, timely, or error-free.

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