Welcome to Kikoinne!
Fitting Labs, Ltd, (“Kikoinne,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.kikoinne.com (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Access and Use of the Service
Description: The Service is designed to provide men and women with fashion style advice online by selected pool of stylists at a given time (a “Service”). For more details about the Service, please see www.kikoinne.com. We charge you in advance as the pre-condition to get the Service. Kikoinne reserves the rights to refuse any and all current or future use of the Site or the Service, and not to do business with anybody, as Kikoinne deems appropriate in its sole discretion for any reason.
Registered Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Kikoinne of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Kikoinne will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Kikoinne reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kikoinne will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Kikoinne may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Kikoinne’s servers on your behalf. You agree that Kikoinne has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Kikoinne reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Kikoinne reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct: You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Kikoinne. Kikoinne reserves the right to investigate and take appropriate legal action against anyone who, in Kikoinne’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Kikoinne, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Kikoinne or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Prices, Fees and Billing: More information on charges, fees and payments is provided at www.kikoinne.com . To receive a Service, you will be required to pay in advance and provide Kikoinne with information regarding your credit card or other payment instrument. However, you can cancel your styling request before you receive the 3 outfit suggestions. Cancellation can be made by messaging our support staff on our dashboard, or by emailing our support staff at firstname.lastname@example.org. You represent and warrant to Kikoinne that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes that may occur. You agree to pay Kikoinne the styling fee and other charges incurred in accordance with this Terms of Service. You hereby authorize Kikoinne to bill your payment instrument in accordance with this Terms of Service. We reserve the right to change Service fees on our sole discretion. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than United Kingdom taxes based on Kikoinne’s net income (e.g., sales tax).
Special Notice for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Kikoinne, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Kikoinne, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Kikoinne.
The KIKOINNE name and logos are trademarks and service marks of Kikoinne (collectively the “Kikoinne Trademarks”). Other Kikoinne, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Kikoinne. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Kikoinne Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Kikoinne Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Kikoinne be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, changes in provided information for example about but not limited to price, available quantity, size, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Kikoinne does not pre-screen content, but that Kikoinne and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Kikoinne and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Kikoinne, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Kikoinne and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”) provided by you to Kikoinne are non-confidential and Kikoinne will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Kikoinne may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Kikoinne, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Kikoinne has no control over such sites and resources and Kikoinne is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Kikoinne will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Kikoinne is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Kikoinne is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Kikoinne is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Kikoinne enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Kikoinne and its affiliates and their stylists, officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KIKOINNE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRIGEMENT.
KIKOINNE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CLOTHES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KIKOINNE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KIKOINNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL KIKOINNE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KIKOINNE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED GREAT BRITAIN POUNDS (£100).
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if Kikoinne wasn’t able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award.
You agree that Kikoinne, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Kikoinne believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Kikoinne may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Kikoinne may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Kikoinne will not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Kikoinne will have no liability or responsibility with respect thereto. Kikoinne reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Kikoinne and govern your use of the Service, superseding any prior agreements between you and Kikoinne with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the English law without regard to its conflict of law provisions. The failure of Kikoinne to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
By “personal information”, we mean information that directly identifies you, such as your name, address, or email address. In this Policy, “we”, “our” and “Kikoinne” means Fitting Labs Ltd, and “you” means any person who visits our website.
What Information We Collect
We collect a variety of types of information. Examples include:
- Contact information, such as your name, address, phone number, or email address;
- Style advice information, such as the items you have been recommended to purchase, and your sizing preferences or/and measurements, preferred payment methods and payment information (such as, debit or credit card number);
- Preference’s information, such as your preferred contact methods, marketing preferences, as well as preferred brands and merchandisers.
- Profile and account information, which may include your contacts, style request information, preference information as well as your account password, registry information and other information in your profile or account;
- Demographic information, which may include age or birthdate, gender, ZIP code, and other information provided by you;
- Device and browsing information, including information about your phone, tablet, computer, or device, and online browsing activity (collectively, “automatically collected information”). Automatically collected information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and Internet service provider information. Automatically collected information may also include information about when and how you access and use our website, such as the date and time of your visit or use, the websites you visited before coming and after leaving our website, how you navigate and what you search for when using our website, the website pages and items you view using our website, and the items you have been recommended by our stylists.
How We Collect Information
We collect information on our website. We also obtain information from you and from third parties. For example, we collect and obtain information:
- From third parties, such as service providers that we use, analytics companies, advertising networks and cooperatives, demographic companies, third parties that provide us with information about you and the different devices you use online, and other third parties that we choose to collaborate or work with;
- From social media platforms and networks that you use in connection with our website or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, and Instagram. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our website (e.g., to log into an account, or to share inspiration, finds, purchases, and other content with your friends and followers on social media), we will collect the information that you share with us, or that those social media platforms or networks share with us. For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use;
- Using cookies and automatic collection methods. For example, we and third parties we work with, may collect information from the computer, tablet, phone, or other device: that you use to access our website; or that you use to open an email or click on an advertisement from us. This collection includes automatically collected information, and generally does not include personal information unless you provide it through our website or you choose to share it with us.
Automatic collection methods we use include:Automatic collection methods we use include:
- cookies (which may be session-based or persistent, and are typically small data files that are stored on your hard drive or in connection with your Internet browser);
- web beacons or tags (small images embedded into websites or emails that send information about your computer, tablet, phone, or other device when you visit our website, or open an email we send to you);
- website log files (which we tend to create automatically in connection with access to and use of our website);
- other technologies (which may be similar to or different than the methods noted above).
How We Use Information
We use the information that we collect to conduct our business and to provide you with the best possible products, services, and experiences. We may also combine any or all of the information that we collect or obtain. Examples of how we use information include:
- To provide you with services, such as to: fulfill your orders for the Style requests and process your payments; process, maintain and service your account(s) and memberships; and to provide you with products and services that we think you will like;
- To respond to you, such as when you: place an order or interact with stylists, share a comment or concern;
- For personalization of your experiences with us, including to: remember your interests and preferences; customize the services we share with you; facilitate your interactions with our stylists; track and categorize your activity and interests on our website, and to enrich your experience in our services on our website;
- For marketing and advertising, such as to: send you marketing and advertising communications;
- For analytics, such as to: understand how you use our website; understand your style preferences; determine the methods and devices used to access our website ; and improve our website;
- For our business purposes, such as: to operate and improve upon our business and lawful business activities; to maintain our programs, accounts, and records; for research; to determine your satisfaction with our services; to detect and prevent fraud or misuse of our services; and for any other business purpose that is permitted by law;
- For legal and safety purposes, such as to: defend or protect us, our customers, you, or third parties, from harm or in legal proceedings; protect our rights; protect our security and the security of our customers, employees, and property; respond to court orders, lawsuits, subpoenas, and government requests; address legal and regulatory compliance; and notify you of product recalls or safety issues.
How We Share Information
In general, we do not share personal information about you with third parties for third party marketing or advertising purposes. We do share personal information with third parties for other purposes. For example, we share personal information with:
- Third parties and service providers that provide products or services to us, that help us market or advertise to you (including co-branded marketing and advertising), or that provide products or services to you. We may use third parties or service providers to perform any of the actions or activities allowed under this Policy;
- Parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party; and
- Additional third parties such as law enforcement, government entities, courts, or other third parties as required or allowed by applicable law, such as for the legal and safety purposes described under the “How We Use Information” Section above, or otherwise to help prevent harm or fraud to us, you, our customers, or other third parties. We also may share personal information with third parties upon your request or with your approval, though we may not be able to accommodate all requests.
Online Advertising and Third Parties We Work With
We work with third party companies for advertising purposes, including to: serve advertisements across the Internet; track and categorize your activity and interests over time on our website and mobile application, and on third party websites and mobile applications; and to identify the different device(s) you use to access websites and mobile applications. We share information with these companies, and these companies may collect information—including automatically collected information when you use our website or mobile application—through the methods described in the “How We Collect Information” Section above (see “using cookies and automatic collection methods”). These third party companies may also possess or obtain information about you from your interactions: directly with the third party companies; with other websites, mobile applications, or companies that the third party companies work with; or from your interactions with advertisements the third party companies help to display to you. The information that these companies collect or that we share may be used to customize or personalize the advertisements that are displayed to you.
Security and Fraud
We take steps to help protect the confidentiality and security of personal information you share with us through our website. In general, information transmitted through the Internet may not be perfectly secure, and we are unable to guarantee the security of your personal information.
We encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following:
- Reviewing your Kikoinne account periodically and immediately reporting any unexpected activity or unrecognized information;
- Installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
- Not using the same password on more than one website;
- Not sharing your password with others;
- Password protecting your computer and mobile device; and
- Sign out/log off of website sessions so that your session is closed, especially when using a public computer.
Notices and Disclosures
- Links to Other Websites and Services: Our website may provide links to other Internet sites, content or videos (embedded or direct links) maintained by third parties. We are not responsible for the sites, content, or videos accessed via the links, and we have not reviewed the privacy practices of those third parties. We encourage you to review the privacy practices of those third parties.
- Browser Do Not Track Signals: While we strive to offer you choices when you use our website, we do not promise that we will be able to receive or honor web browser Do Not Track signals.
- Children's Privacy: Kikoinne does not knowingly request or collect personal information from any person under 13 years of age without prior verifiable parental consent. If you believe that your child under the age of 13 has submitted personal information to Kikoinne in connection with our website, and without prior verifiable parental consent, please contact us at firstname.lastname@example.org so that we can take steps to delete the personal information that she or he provided.
If you provide personal information through our website or mobile application separate from a purchase, you agree that the personal information will be transferred to and processed in the United Kingdom and any other country or jurisdiction at our sole discretion. The laws that apply to the use and protection of personal information in the United Kingdom or other countries or jurisdictions in which we transfer or process personal information may be different than the laws and protections in your country.
Updates to This Policy
We may make changes to this Policy, and may apply any changes to information previously collected, as permitted by law. When we make material changes to this Policy, we will notify you by posting the updated Policy on our website, and we will update the effective date at the end of this Policy.