Terms and Conditions
CONDITIONS AND TERMS
LEGAL REFERENCES AND DEFINITIONS
This webpage is for you (or this Application)
The property that allows the Service to be provided.
These Terms govern any legally enforceable or contractual relationship between the Owner and the User.
the proprietor (or We)
The real person(s) or legal entity that offers this Website and/or the Service to Users is Atum Clothing.
The service that this Website provides, as specified in these Terms and on this Website.
Provisions in this or other related documents that apply to the use of this Website and Services are subject to change at any time without notice.
the user (or You)
This Website is used by a natural person or a legal entity.
This document is a contract between you and Atum Clothing.
You agree to be bound and adhere by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”), and any additional terms that apply by accessing or using this website or any services owned or managed by this website.
These Terms apply to all transactions.
the terms and conditions for using this website, and
any other agreement or legal relationship between the Owner and you
in a way that is legally binding The definitions of capitalized words can be found in the respective parts of this document.
This document must be read carefully by the User.
Do not use this website if you do not agree to all of these Conditions of Service and any additional terms that apply to you.
This website is brought to you by:
Clothing by Atum
United States of America
[email protected] the owner’s email address.
WHAT THE USER SHOULD KNOW IN SUMMARY
This Website and the Service have an age restriction: The User must be an adult under relevant legislation in order to access and use this Website and any of its Services.
Please keep in mind that some of the provisions in these Terms may only apply to specific types of Users. Certain sections, in instance, may only apply to Consumers or Users who may not qualify as Consumers. Such restrictions are always stated fully in each relevant section. Sections apply to all Users unless otherwise specified.
TERMS AND CONDITIONS OF USE
In some situations, single or more conditions of use or access may apply, which will be specified in this document.
Users confirm that they meet the following requirements by using this Website:
Users have no limits as to whether they are Business/Commercial or Consumers.
Applicable law must identify users as adults.
THIS WEBSITE’S CONTENT
Unless otherwise stated, the Owner or its licensors provide or own all Website Content.
The Owner has made every effort to ensure that the Website Content complies with all applicable laws and does not infringe on the rights of third parties. However, achieving such a result is not always attainable.
In such instances, the User should use the contact information provided in this article to file a complaint.
ALL RIGHTS RESERVED IN RELATION TO THE CONTENT ON THIS WEBSITE
All intellectual property rights in such content are reserved and held by the Owner.
As a result, users may not utilize any such content in any way that isn’t required or implied in the legitimate usage of the Website/Service.
EXTERNAL RESOURCES ACCESS
Users may have access to external resources supplied by third parties through this Website. Users agree and accept that the Owner has no control over such resources and hence cannot be held liable for their content or availability.
Conditions that apply to any resources given by third parties, including those that apply to any prospective transfer of content rights, are determined by the terms and conditions of each such third party or, in the absence of those, by applicable statutory law.
This Website and the Service may only be used in accordance with these Terms and relevant law, and only for the purposes for which they were created.
Users are solely responsible for ensuring that their use of this Website and/or the Service does not infringe on any relevant laws, regulations, or rights of other parties.
INDEMNIFICATION AND LIABILITY
USERS IN AUSTRALIAN
WARRANTIES ARE EXPRESSLY DISCLAIMED
This website is provided “as is” and “as available” without any warranties. The User uses the Service at his or her own risk. To the fullest extent permitted by law, the Owner expressly disclaims any and all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. User obtains no advice or information, whether oral or written, from Owner or through the Service that is not specifically contained above.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees make no warranties that the content is accurate, reliable, or correct; that the Service will meet User’s requirements; that the Service will be available at any time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise accessed through the use of the Service is done so at the user’s own risk, and users are entirely liable for any damage to their computer system or mobile device, as well as any data loss, that may occur as a consequence of such download or use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner will not be a party to or monitor any transaction between Users and third-party product or service providers.
The Service may become unavailable or incompatible with the User’s web browser, mobile device, or operating system. The Owner is not responsible for any alleged or actual damages resulting from the Service’s content, operation, or use.
Certain implied guarantees cannot be excluded or limited under federal law, state law, or other jurisdictions. Users may be exempt from the above exclusions. Users have particular legal rights under this Agreement, and they may also have other rights that differ by state. This agreement’s disclaimers and exclusions do not apply to the extent that relevant legislation prohibits them.
To the fullest extent permissible by law, the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees shall not be liable for any damages.
any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating
any damage, loss, or injury resulting from unauthorized access to or use of the Service, User account, or the information contained within through hacking, tampering, or other means;
any content errors, omissions, or inaccuracies;
User access to or usage of the Service may result in personal harm or property damage of any kind;
any unauthorized access to or use of the Owner’s secure systems, including any and all personal information kept on those servers;
any failure or interruption of transmission to or from the Service;
any bugs, viruses, trojan horses, or other malicious software that might be delivered to or through the Service;
any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
any User’s or third-defamatory, party’s insulting, or illegal behavior In no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, or employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in excess of the amount paid by User to the Owner under this agreement in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
Whether the alleged obligation is based on contract, tort, negligence, strict liability, or any other basis, this limitation of liability section shall apply to the fullest extent authorized by law in the applicable country, even if the Owner has been advised of the possibility of such damage.
The aforementioned limits or exclusions may not apply to User because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. The conditions provide User with specific legal rights, and User may also have other rights that differ by jurisdiction. The terms’ disclaimers, exclusions, and limitations of liability do not apply to the extent that they are prohibited by relevant legislation.
The User agrees to defend, indemnify, and hold harmless the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to legal fees and expenses, arising from the User’s use of the Website.
User’s use of and access to the Service, as well as any data or content that User transmits or receives;
User’s breach of these terms, including, but not limited to, User’s breach of any of these terms’ representations and warranties;
Any infringement of third-party rights by the user, including but not limited to any right of privacy or intellectual property rights;
Any legislative legislation, rule, or regulation that the user has broken;
any content posted from User’s account, including, but not limited to, misleading, incorrect, or inaccurate information; any third-party access with User’s unique username, password, or other security measure, if applicable;
Willful wrongdoing on the part of the user; or
To the extent permitted by applicable legislation, User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees will make statutory provisions.
NO WAIVER IS REQUIRED.
The Owner’s failure to assert any right or provision under these Terms does not imply that such right or provision has been waived. No waiver of such or any other term shall be construed as a further or continuing waiver.
INTERRUPTION OF SERVICE
The Owner reserves the right to stop the Service for maintenance, system updates, or other modifications in order to provide the greatest possible service level, while alerting the Users appropriately.
The Owner may also decide to suspend or cancel the Service entirely, subject to applicable laws. If the Service is discontinued, the Owner will work with Users to allow them to withdraw Personal Data or information as required by law.
Furthermore, the Service may be unavailable due to events beyond the Owner’s control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Without the Owner’s express prior written permission, Users may not replicate, duplicate, copy, sell, resell, or exploit any component of this Website and its Service, either directly or through an authorized reselling program.
POLICY ON PRIVACY
RIGHTS TO INTELLECTUAL PROPERTY
Any intellectual property rights associated to this Website, such as copyrights, trademark rights, patent rights, and design rights, are the sole property of the Owner or its licensors.
The Owner or its licensors own all trademarks and other marks, trade names, service marks, wordmarks, drawings, pictures, or logos appearing in connection with this Website and or the Service.
The stated intellectual property rights are protected by applicable intellectual property laws or international treaties.
MODIFICATIONS TO THESE TERMS
At any moment, the Owner reserves the right to change or otherwise modify these Terms. In such situations, the Owner will notify the User of the modifications in a timely manner.
Such modifications will only have an impact on the User’s connection in the future.
Continued use of the Website and/or Service by the User indicates acceptance of the amended Terms.
If any party does not accept the new Terms, the Agreement may be terminated.
The Owner will specify the date by which the amended Terms will take effect if required by applicable legislation.
Any or all of the Owner’s rights under these Terms may be transferred, assigned, sold, or subcontracted by the Owner. Changes to these Terms will be applied in accordance with their provisions.
Without the explicit consent of the Owner, Users may not assign or transfer their rights or responsibilities under these Terms in any way.
All communications regarding the use of this Website must be submitted to the address listed in this agreement.
If any term of these Terms is found to be invalid or unenforceable under applicable law, the validity of the remaining provisions will not be affected, and they will remain in full force and effect.
If any term of these Terms is or is considered void, invalid, or unenforceable, the parties will make every effort to reach an amicable agreement on valid and enforceable provisions to replace the void, invalid, or unenforceable parts.
In the event that this is not done, the void, invalid, or unenforceable terms will be replaced by the appropriate statutory provisions, if allowed or indicated by the applicable legislation.
Without limiting the foregoing, the nullity, invalidity, or impossibility of enforcing a particular provision of these Terms shall not render the entire Agreement null and void unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they knew the provision would not be valid, or in cases where the remaining provisions would cause an unacceptable hardship to any of the parties.
Any provision that is invalid or unenforceable will be interpreted, construed, and changed to the degree necessary to make it valid, enforceable, and consistent with its original intent. These Terms are the complete agreement between Users and the Owner with respect to the subject matter hereof, and they supersede all other communications, including but not limited to all prior agreements, between the parties with respect to that subject matter. To the fullest extent permissible by law, these Terms will be enforced.
RULES OF GOVERNMENT
Without regard to conflict of laws considerations, these Terms are governed by the law of the country where the Owner is based, as revealed in the relevant section of this document.
EXCEPTION FOR CONSUMERS FROM EUROPE
Regardless of the foregoing, if the User is a European Consumer with their usual abode in a nation where the law allows for a higher level of consumer protection, those higher standards will apply.
The courts of the place where the Owner is based, as shown in the relevant section of this document, have sole jurisdiction over any dispute arising out of or related to these Terms.
EXCEPTION FOR CONSUMERS FROM EUROPE
Any Users who qualify as European Consumers, as well as Consumers based in Switzerland, Norway, or Iceland, are exempt from the aforementioned.
Last Updated: February 7, 2021