GENERAL TERMS AND CONDITIONS OF WEBSITE USE

General

These terms and conditions define the relationship between IQL Limited t/a Catwalkgenius.com (Catwalkgenius.com) and the natural and legal persons (Users) using the website www.catwalkgenius.com (the Site, which expression shall include any blogs located on the Site or linked to it and any other website or social networking site set up by Catwalkgenius.com from time to time) or any service provided by or on behalf of Catwalkgenius.com.

The Site and services provided through it are offered to Users upon condition of acceptance of these terms and conditions without modification. By viewing and using the Site you are deemed to consent to these terms and conditions. Please therefore read these terms and conditions carefully as they set out your rights and obligations with respect to the use of the Site and services provided through it. In addition, please note the different terms and conditions set out below and our privacy statement which is available at www.catwalkgenius.com/privacy.

Catwalkgenius.com may modify these terms and conditions from time to time, and User's continued use of the Site following such change shall signify agreement to be bound by the modified terms and conditions. If you do not agree to any change to these terms and conditions you must immediately stop using the Site.

The Site may contain hyperlinks to third party websites or contain references to third party websites. The information and data contained on such third party websites is outside of control by Catwalkgenius.com and we do not make any representation or warranty as to the accuracy or completeness of information contained on such third party websites.

Catwalkgenius.com may temporarily restrict Site services for Users when in its sole opinion this appears necessary for server security and integrity and/or for any technical measures or maintenance activities and/or for any other reason whatsoever.

Catwalkgenius.com reserves the right to make changes of or supplements to any information and data supplied on the Site or otherwise at any time without advance notice to Users.

Users

Users agree to comply with the following rules and regulations when using the Site without exception:

Registration

Where a User registers as a Shopper, Designer or expert on the Site personal information will be required. The User agrees to provide true, current, complete, and accurate information and to maintain and promptly update this information as required to keep it true, current, complete and accurate.

If a User provides any information that is untrue, not current, incomplete or inaccurate, or Catwalkgenius.com has reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, Catwalkgenius.com has the right to suspend or terminate the User's use of the Site.

All information requested from a User on registration as a Shopper, Designer or expert shall hereafter be referred to as Registration Information. This Registration Information will be retained by Catwalkgenius.com for no longer than is necessary. Unless the User has agreed to the use of the Registration Information for direct marketing purposes Catwalkgenius.com agrees to use the Registration Information only for the purpose of supplying services to the User. Users who have agreed to the use of the Registration Information for direct marketing purposes may "opt-out" in writing at any time. Catwalkgenius.com does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services which may be obtained from such third parties, and the User agrees that Catwalkgenius.com shall not have any liability with respect thereof.

If the User consists of more than one individual, the User agrees to provide Registration Information in the name and in full authority for all individuals collectively registering as the User. Those individuals shall nominate one contact person as part of the Registration Information.

As part of the registration process Users will be given the option to subscribe to newsletters from Catwalkgenius.com. In accepting this option a User is agreeing to allow us to send it information by email from time to time. We shall not pass on the User's email address to third parties without your express consent and we will stop sending the User these newsletters at any time if the User follows the 'unsubscribe' instructions contained in the newsletter.

Privacy Policy

Our policy is to respect and protect the privacy of Users and we shall endeavour not to disclose Users' personal information to any third party. Catwalkgenius.com acknowledges that it is a data controller in relation to such personal information for the purposes of the Data Protection Acts 1988-2003 and shall comply with its obligations as a data controller.

Notwithstanding the above, you hereby give your consent and accept and agree that Catwalkgenius.com may disclose any information we hold relating to you to outside parties where:

  1. we have a good faith belief that such action is necessary to protect our rights;
  2. where we have a good faith belief that you have committed an unlawful action;
  3. where we have a good faith belief that the legitimate rights of a third party appear have been interfered with; or
  4. where a court or tribunal orders disclosure.

Intellectual Property rights

The contents of the Site and all information present on it are protected by copyright. Copying, adapting, changing, distributing or storing of information or data present on the Site, in particular, but without prejudice to the generality of the foregoing, descriptions and/or images of Items, requires Catwalkgenius.com's prior written consent. All trade marks and industrial property rights reproduced on the Site are unrestrictedly subject to the provisions of the registered owner's rights in force at any given time.

Restriction and suspension

Catwalkgenius.com can take the following measures when there are concrete signs of users violating legal provisions, third party rights or these terms and conditions, or when it is necessary for the protection of other Users:

Limitation of Liability

You expressly understand and agree that, to the fullest extent permitted by law, Catwalkgenius.com (and its subsidiaries or associated companies (if any)) shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if it has been advised of the possibility of such damages, arising out of, or resulting from:

The accuracy of the information located on the Site is not guaranteed by Catwalkgenius.com and does not constitute professional advice and Catwalkgenius.com will not therefore accept responsibility for any loss damage or expense incurred upon using that information for any purpose whatsoever.

If you are dissatisfied with any portion of the Site, or with any of these terms and conditions your sole and exclusive remedy is discontinuation of your use of this Site. Catwalkgenius.com is not responsible for any personal injury and/or damage to any individual as a result either directly or indirectly of any information published on this Site.

Indemnity

You agree to indemnify and hold harmless Catwalkgenius.com, its officers, directors, agents, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these terms and conditions by you or any other liabilities arising out of your use of the Site, or the use by any other persons accessing the Site using your registered details. Catwalkgenius.com reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.

Severability

Should individual provisions of these terms and conditions be or become void or ineffective and/or conflict with legal provisions this will not affect the validity of the other terms and conditions. The ineffective provisions shall be replaced by provisions that best meet the purpose of the ineffective provisions in a legally effective way.

Governing law

These terms and conditions are subject to Irish law and you agree to submit to the exclusive jurisdiction of the Irish courts.

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TERMS AND CONDITIONS OF PURCHASE

Catwalkgenius.com is not involved in purchases. As a result, Catwalkgenius.com has no control over the quality, safety or legality of Items, the truth or accuracy of the information provided in respect of such Items, the ability of Designers to produce those Items or the ability of Shoppers to pay for those Items. All Items displayed for sale on the Site have been designed and manufactured by Designers and Catwalkgenius.com cannot be held responsible for any problems with the size, condition or quality of the purchased Item. Catwalkgenius.com makes no warranty regarding any Items purchased or obtained through the Site or any other commercial transactions entered into through the Site.

Catwalkgenius.com cannot ensure that a Shopper or Designer will actually complete their respective part of a purchase. We recommend that Shoppers buy only from a Designer after checking that Designer's feedback score shown in their Designer Profile.

Shoppers must provide a delivery address capable of accepting delivery from Monday to Friday between 9am and 5pm. The time taken for delivery will depend upon the location of each Shopper and Designer and it is intended that an estimate will appear in the Item details on the Site. Catwalkgenius.com may at its discretion communicate a Shopper's delivery details to the Designer producing the relevant Item so that the Designer can deliver that Item to the Shopper directly.

Designers agree to properly pack all Items for delivery and to comply with Catwalkgenius.com standard delivery instructions as may be posted on the Site from time to time and any other reasonable instructions in this regard.

A Shopper must pay for Items through the payment method indicated by that Designer. If a Shopper fails to make payment within three (3) days from order, Catwalkgenius.com and/or the Designer may cancel the order and re-list the Item as being available for sale. The Designer is entitled to post negative feedback on the relevant Shopper Profile in respect of such non-payment.

If a purchased Item is found to be defective in material or workmanship or otherwise not in material conformity with the details provided by the Designer in respect of that Item the Shopper, in addition to any other rights which it may have under all applicable warranties or otherwise, may reject and return such Items to the relevant Designer.

Shoppers should be aware that Designers may not accept returns or exchanges of their Items or will stipulate certain conditions in relation to returns or exchanges, for example conditions relating to the Item's condition, the time limit within a return will be accepted, or the payment of delivery costs. Shoppers are advised to check the Item description and checkout pages to determine whether this is the case in respect of the Item they are considering purchasing. Shoppers are required to log returns in the return section of the Site upon which Catwalkgenius.com shall provide the postal address to which Item should be returned.

Catwalkgenius.com reserves the right to contact a Shopper or Designer following a purchase (using the contact details provided as part of the Registration Information or otherwise) in the event an issue or problem arises in respect of that purchase. In such cases, we will seek statements from all affected parties and attempt to reach consensus on the best way to proceed. Our decision on such matters is final and no communication shall be entered into.

Following a purchase, a Shopper is entitled to leave a feedback rating for the Designer in respect of the purchased Item.

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TERMS AND CONDITIONS OF AGREEMENT WITH DESIGNERS

The Designer warrants that:

and agrees to indemnify and hold harmless Catwalkgenius.com, its officers, directors, agents, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach by the Designer of these warranties.

The Designer agrees that they shall only sell Items manufactured by a third party in circumstances where the Designer owns all Intellectual Property rights present in those Items.

By posting an Item Description on the Site the Designer provides Catwalkgenius.com with a non-exclusive, perpetual, royalty free licence to reproduce this information elsewhere on the Site. Catwalkgenius.com has the irrevocable right to modify any Item Description in the interests of maintaining a consistent and professional look to the Site and/or where such modification is appropriate in Catwalkgenius.com's sole opinion. However, Catwalkgenius.com shall not materially alter the nature of an Item Description unless required to do so under applicable law.

Designers must specify in the Item Description whether they will accept returns or exchanges of their Items or refunds or whether certain conditions will be attached to returns or exchanges. If a Designer offers refunds they must indicate the payment method through which such refund will be made.

The Designer acknowledges that Shoppers may post a feedback rating to indicate the quality of their experience with the Designer. If a Designer obtains a low feedback rating, its purchases will be reviewed by Catwalkgenius.com which reserves the right to suspend or remove the Designer's account on the Site at our sole discretion. The Designer agrees not to take any action that could compromise the integrity of the feedback system. Feedback posted by Shoppers will remain on the Site on a permanent basis, although either party to such feedback can request Catwalkgenius.com to delete it provided both parties mutually agree to such deletion.

The Designer acknowledges that Catwalkgenius.com will charge commission on purchase of posted Items at the commission rate current at the date of purchase. The Designer will be obliged to pay such commissions through a 'paypal' account belonging to them. Accrued commissions owing to Catwalkgenius.com shall be outlined in a monthly statement provided to the Designer via email and shall be payable within 7 days of receipt of the relevant statement. Time for payment shall be of the essence and any delay or failure to pay the commission owing to Catwalkgenius.com shall result in Catwalkgenius.com suspending or removing the Designer's account on the Site and potentially initiating legal proceedings against the Designer. Interest on overdue commission shall accrue from the date when payment becomes due until the date of payment at 2% above the Bank of Ireland base lending rate for the time being in force. If any act or proceedings shall be commenced in which the Designer's solvency is concerned, the accrued commission owing to Catwalkgenius.com shall become immediately due and payable.

The Designer acknowledges that it will be solely responsible for paying any taxes that might arise as a result of any income received through its involvement with Catwalkgenius.com and agrees to fully comply with all laws in its country of residence in this regard.

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TERMS AND CONDITIONS – 'ADOPT A DESIGNER' SCHEME

Supporters

Supporters are entitled to purchase any number of Elements up to a specified limit. On purchasing an Element the Supporter agrees to immediately pay the amount for such Element as stated on the Site (which is subject to change without notice) to Catwalkgenius.com by means of its nominated 'paypal' account. Any delay or failure to pay that fee shall result in Catwalkgenius.com suspending or removing the Supporter's account with Catwalkgenius.com.

Catwalkgenius.com agrees to administer any payments for Elements received from the Supporter separately from Catwalkgenius.com's assets until the Adoption Target has been reached. Catwalkgenius.com will not spend any part of the Adoption Fund but will be entitled to all interest yielded on the funds comprising the Adoption Fund up until the point that those funds are released to the Designer (or remitted back to the Supporters on the expiry of a time limit to be decided by Catwalkgenius.com in its sole discretion).

The number of Elements required to meet the Designer's Adoption Target may be altered without notice. In such instance Catwalkgenius.com shall not increase the Adoption Target for a Designer in respect of which Supporters have already purchased Elements.

Either the Supporter or Catwalkgenius.com may terminate this agreement at any time without notice or indication of reasons. Should this occur before the relevant Adoption Target(s) is reached the Supporter shall be entitled to repayment of all funds contributed to the Adoption Fund up to the date of termination minus Catwalkgenius.com's payment processing costs. Such repayments will be processed within fourteen (14) days of a request being made by the Supporter and shall be payable only to the Supporter's nominated 'paypal' account.

Provided that the Supporter's balance of funds is one euro or more, the Supporter may opt to transfer funds to the Supporter's nominated 'paypal' account. Such transfer will be processed within four (4) weeks of a request being made by the Supporter and shall be payable only to the Supporter's nominated 'paypal' account. Catwalkgenius.com's payment processing costs shall be deducted from each transfer.

If a Designer's Adoption Target is reached:

For the avoidance of doubt, in the event that a Designer does not reach its Adoption Target its Supporters shall not be entitled to a limited edition item or to a share of Net Revenues.

Supporters of an Adopted Designer shall be entitled to a share of one third (33%) of all Net Revenues (such percentage participation may be changed at any point without notice) derived from sale of the Adopted Collection to be calculated on a pro rata pari passu basis with the other Supporters according to the number of Elements purchased by each Supporter. “Net Revenues” shall be defined as the gross revenues received in connection with the sale of the Adopted Collection minus the relevant payment processing costs, applicable taxes and any reasonable and substantiated expenses incurred by Catwalkgenius.com. The Supporter's share of Net Revenues shall be payable only to its nominated 'paypal' account. The Supporter's entitlement to that share will expire on the earlier of the sale of each Item in the Adopted Collection or one (1) year from the first appearance of the Adopted Collection on the Site.

The Supporter acknowledges that the Net Revenue share may be reduced at Catwalkgenius.com's sole discretion in some instances in order to accommodate a commission for a Designer or a Supporter or other person that has advertised and sold Items from the relevant Adopted Collection. The Supporter shall be entitled to an overview of all Net Revenues paid to date in respect of that Adopted Collection on demand.

The Supporter acknowledges that it they are obliged to keep their account with Catwalkgenius.com operational and retain their registered email address in order to receive their share of Net Revenues.

The Supporter acknowledges that it will be solely responsible for paying any taxes that might arise as a result of any income received through its involvement in the Scheme and agrees to fully comply with all laws in its country of residence in this regard.

For the avoidance of doubt the Scheme is not designed as an investment vehicle. Catwalkgenius.com is not a regulated investment provider and we offer no financial advice or guarantees in respect of the Scheme to Supporters and/or Designers.

Designers

The Designer shall be admitted to the scheme solely at the discretion of Catwalkgenius.com. A Designer must have had a minimum of one Item available for sale for a period of not less than one month (or until purchase) within the last 3 months in order to be considered eligible for the Scheme.

Catwalkgenius.com is entitled at its sole discretion to request the Designer for further information or documentation in relation to its proposed participation in the Scheme. The Designer shall provide Catwalkgenius.com with this information or documentation immediately on request. The Designer warrants that its participation in the Scheme will not violate the rights of any third party or any applicable law or regulation and indemnifies and holds Catwalkgenius.com harmless from any claims or damages resulting thereof.

A Designer's Adoption Fund will remain under the control of Catwalkgenius.com until the Adoption Target has been reached. The Designer has no claim to any part of that fund until Catwalkgenius.com confirms that this is the case. Catwalkgenius.com will not spend any part of the relevant Adoption Fund but will be entitled to all profit from interest yielded on the Adoption Fund up until the point that the funds are released to the Designer (or remitted back to the Supporters on the expiry of a time limit to be decided by Catwalkgenius.com in its sole discretion).

The Designer herewith grants Catwalkgenius.com free and unrestricted permission to use his/her name, designer name (if any), portrait, biography and all other relevant personal details, in relation to the Scheme and the promotion of Catwalkgenius.com. This permission will end if and as soon as the Designer withdraws from the Scheme before achieving the Adoption Target. If the Goal is achieved and the collection is produced, Catwalkgenius.com will have unrestricted entitlement to use the name, designer name (if any), portrait, biography and all other relevant personal details of the Designer free of charge in relation to the exploitation of the Adopted Collection worldwide in any media now known or hereafter invented in perpetuity.

Catwalkgenius.com shall provide Designers with a blog on the Site which the Designer agrees to update regularly or on reasonable demand from Catwalkgenius.com. The Designer agrees not to use this blog to send unsolicited emails or other form of communication to other Users.

The Designer agrees that it is not entitled to include commercial banners or other third party advertisements on his/her own website or blog on the Site (if any) or any other website or blog independent of the Site on which references or details of the Scheme and/or the Adopted Collection are contained either up until the Adoption Target is reached or afterwards without the prior written consent of Catwalkgenius.com.

The Designer may withdraw from the Scheme at any point up until its Adoption Target has been reached by notifying Catwalkgenius.com in writing of such withdrawal by email to talktous@catwalkgenius.com. The Designer agrees to close down its Designer Profile in such circumstances.

On reaching the Adoption Target, the Designer is no longer entitled to withdraw from the Scheme and agrees to use the relevant Adoption Fund solely in order to design and produce the Adopted Collection in conjunction with Catwalkgenius.com within six (6) to nine (9) months of the Adoption Target being reached (except in circumstances where a so-called event of force majeure occurs or where Catwalkgenius.com agrees in its sole discretion to relieve the Designer of these obligations). The Designer agrees to enter into a legally binding “label” agreement with Catwalkgenius.com outlining the terms under which the Adopted Collection will be produced and providing for such matters as deadlines, budgetary levels and required production quantities and shall sign any other documents or undertake any other commitments as are reasonably required by Catwalkgenius.com.

The Designer agrees to consult meaningfully with Catwalkgenius.com in relation to each stage of the design and production of the Adopted Collection and to provide such updates and accounts on its progress as Catwalkgenius.com might reasonably request. Catwalkgenius.com is entitled at its sole discretion, but after consultation with the Designer, to appoint a design mentor, project manager, manufacturing contractor and/or carriage firm as well as purchase fabric and trims in relation to the Adopted Collection, provided that it bears the costs related thereto, and the Designer agrees to cooperate fully with Catwalkgenius.com and the appointed legal or natural persons in such circumstances.

The Adopted Designer will retain full creative control over the design of the Adopted Collection. Production quantities, budgetary and pricing issues and logistical and production matters will remain under the control of Catwalkgenius.com, albeit in consultation with the Adopted Designer. Catwalkgenius.com may at its sole discretion pay any part of the Adoption Fund directly to suppliers of materials or services to the Adopted Collection rather than to the Designer.

In relation to each item in the Adopted Collection the Adopted Designer warrants that:

and agrees to indemnify and hold harmless Catwalkgenius.com, its officers, directors, agents, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach by the Designer of these warranties.

The Adopted Designer agrees that the Adopted Collection will be distributed solely through the Site and/or any other websites and/or by means of other distribution methods approved by Catwalkgenius.com in its sole discretion at retail prices and in such quantities as are decided by Catwalkgenius.com in its sole discretion.

The Designer shall be entitled to a share of one third (33%) of all Net Revenues (such percentage participation may be changed at any point without notice) derived from sale of the Adopted Collection. The Designer's share of Net Revenues shall be payable only to its nominated 'paypal' account. Catwalkgenius.com may at its sole discretion permit Supporters, Designers or other persons to advertise and sell the Items from the Adopted Collection and may provide for such persons to receive a share of the Net Revenues derived from the Adopted Collection in such circumstances.

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GLOSSARY OF TERMS AND DEFINITIONS FOR ALL USERS

Adopted Designer A Designer who has reached their adoption target and is producing (or has produced) a new collection with the proceeds.
Adopted Collection The Collection that the Adopted Designer creates with their Adoption Fund.
Adoption Fund Amount of funding that a Designer has achieved through its Supporters' purchase of Elements.
Adoption Target The fund level at which the contributions towards a Designer's adoption have amounted to the specified target value.
Catwalkgenius.com IQL Limited t/a Catwalkgenius.com, a company registered in Ireland with company registration number 441900 having its registered office at IQL Ltd Head Office, 44 Longmeadow, Islandbridge, Dublin 8, Ireland.
Designer A User who has registered as a designer on the Site. They design the items on sale (and manufacture them, even if not directly responsible for production)
Designer Profile Designer's personal page accessible by all Users.
Element A notional element of an Adoption Fund.
Intellectual property copyright, trade marks, patents, designs, know how, trade secrets and any other intellectual property whatsoever.
Item A piece of clothing or an accessory (whether or not made as a trial item) available for sale on the Site.
Registration Information The information requested from a User on registration as a Shopper, Designer or expert on the Site.
Scheme The 'Adopt a Designer' scheme.
Shopper A User who has registered as a shopper on the Site.
Shopper Profile Shopper's personal page accessible by all Users.
Site Catwalkgenius.com
Supporter A Shopper who purchases a minimum of one (1) Element.
Supporter Profile Supporter's personal page accessible by all Users.
User Every visitor to the Site.
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Catwalkgenius.com is a venture owned by IQL Ltd, a private limited company registered in Ireland. Company registration no: 441900. Company address: IQL Ltd Head Office, 44 Longmeadow, Islandbridge, Dublin 8, Ireland