Please read this Terms of Use Agreement (these "Terms" or this “Agreement”) carefully before using the https://www.pashione.co/ website (the "Site") and any mobile application, service, or functionality (collectively, the "Service") belonging to, provided by, created by, or operated by Pashione, Inc. Limited,("Pashione," "Company," "us," "our," and "we").
Your access to and use of the Service is conditional and subject to your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service (each a “User” and collectively, “Users”).
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access the Service.
Certain features, functionalities, tools, and solutions of the Service may be subject to additional guidelines, terms, or rules, which may be posted on the Service occasionally. All such additional terms, policies, and rules are incorporated by reference into these Terms.
These Terms set forth the legally binding terms and conditions that govern your use of the Service. By accessing or using the Service, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to agree to these terms (on behalf of yourself or the entity that you represent). You may only access or use the service or accept the Terms if you are at least 18 years old. If you do not agree with all the provisions of these terms, do not access and/or use the Service.
These Terms require arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute.
1. About Pashione
- Pashione, Inc. provides, among other things, an online platform that enables people who use the Service (Customers) to find the products posted by the Brands through the influence of the influencers (Influencers) who use the influencers' services and the platform to sell their products (Brands).
- Pashione, Inc. does not recommend or endorse any specific products or any other information that may be mentioned, written, or featured on Pashione, Inc. or linked to from Pashione, Inc. Your reliance on any information provided by Pashione, Inc., its employees, Brands, any third-party site/ application, other parties that may be linked to or accessed through the Service, or any other parties featured or appearing on the Service is solely at your own risk.
- Pashione, Inc. cannot and does not provide any warranties related to the information contained in or resulting from using the products that may be listed on or through the Pashione, Inc. Service. Any information accessed through the Pashione, Inc. Service is provided on an "AS IS" basis and without any warranty, either expressed or implied, including, but without limitation, any implied warranty of merchantability or fitness.
- Buyers/Customers registering for Pashione, Inc.’s Service must acknowledge and agree to this Terms of Service Agreement.
- The user agrees to comply with all the terms and conditions hereof. The right to use Pashione, Inc. is personal to the User and is not transferable to any person or entity.
- Pashione, Inc. does not guarantee the products posted on the site. Users may submit reviews of Brands/Vendors; however, such reviews do not constitute a guarantee, warranty, or prediction regarding the product. Pashione, Inc. will bear no responsibility or liability for any content generated or posted by any User or Brands (User-Generated Content) or any advice you encounter on or through the Service, and any use or reliance on User-Generated Content is solely at your own risk.
- Brands are not Employees of Pashione, Inc.Pashione, Inc.’s service provides a platform for all Brands to offer products to Customers. Brands are not employees of Pashione, Inc.
- User Responsibilities:Brands are solely responsible for the accuracy and legality of any information, solicitations, or advertisements that they choose to post or place on or through the Service, including without limitation any User-Generated Content and any communications with potential clients on or through the Site or the Service, including the responsibility to ensure that they are fully compliant with all applicable regulations, laws, and rules of professional conduct.
- Payment to Brands:The following terms shall govern the payment of Brands:
- a. Pashione, Inc. is not a party to contracts. Customers may contract with Brands on or through the Service. Such agreements are solely between the Brands and the Customer. Pashione, Inc. is not and will not be a party to any contracts between or among Customers and Brands submitted through our Service. Pashione, Inc. facilitates these contracts by providing a platform for customers to find brands.
- b. All fees are paid to Brands. Pashione, Inc. does not sell or charge for such products. Payments to Brands via Pashione, Inc.’s platform are transferred directly to the Brands’ payment account, less applicable service, and processing fees.
2. Account on Pashione, Inc
- Account Creation:To use the Services, you should register for an account (Account) and provide certain information about yourself as required in the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. The company may suspend or terminate your Account by this Agreement.
- Account Responsibilities:You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities under your Account. You agree to immediately notify the Company of any unauthorized use, suspected unauthorized use of your Account, or any other security breach. The company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- No Reliance on User-Generated Content:For the avoidance of doubt, UserGenerated Content posted on or through the Service, such as blog posts, articles, or videos, is provided for informational purposes only, with no assurance that such User-Generated Content is actual, correct, recommended, or accurate.
- No Liability for User Interactions:Pashione, Inc. may monitor communications and interactions on the Service. Any liability, loss, or damage resulting from interactions among Users, Customers, and/or Brands, including, without limitation, any postings you input or receive through your use of the Service, is solely your responsibility. At our discretion, we may monitor and/or record your general interactions with the Service, though we will not monitor or record the specific details of such interactions.
3. Access to the Services
- License: Subject to the terms and conditions of this Agreement, the Company grants you a limited, non-exclusive, and non-transferable license to the extent necessary and required to access, explore, and otherwise use this Service.
- Fees & Payment: The Company reserves the right to charge fees and to require payment of such fees for any or all Services used by Users. You agree to pay all applicable fees for the Services you selected or used. The company reserves the right to change its prices and institute new fees and other charges at any time. It may provide notice via email or posting on the Service at its discretion. Following this notification, your use of the Services constitutes your acceptance of any new or increased charges and/or fees. Any fees paid hereunder are non-refundable.
- Certain Restrictions: The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, do derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
- Modification: The Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or part) with or without notice to you. You agree that the Company will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
- Ownership: Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content, are owned by Company or Company’s suppliers, as the case may be. Neither these Terms nor your access to the Service shall be deemed to transfer to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly outlined in Section 3.1. The company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
4. User Content
- User Content (User Content) means any information and content that a User submits to, or uses with, the Service (e.g., content in the User’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with using your User Content, including any reliance on its accuracy, completeness, or usefulness by others or any disclosure of your User Content that personally identifies you or any third party. You now represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Pashione, Inc. because you alone are responsible for your User Content; you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. The company is not obligated to back up any User Content, and your User Content may be deleted without prior notice. You are solely responsible for creating and maintaining backup copies of your User Content if you desire.
- License: You at this moment grant (and you represent and warrant that you have the right to grant) to the Company an irrevocable, nonexclusive, royalty-free, and fullypaid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the preceding rights, solely for including your User Content in the Service. You now irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution concerning your User Content.
- Acceptable Use Policy: The following terms constitute our "Acceptable Use Policy":
- a. You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- b. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to strip, scrape, or mine data from the Service; however, we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file.
- Enforcement: The Company reserves the right (but has no obligation) to review any User Content and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account by Section 9, and/or reporting you to law enforcement authorities.
- Feedback: If you provide the Company with any feedback or suggestions regarding the Service ("Feedback"), you at this moment assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The company will treat any Feedback you provide to the Company as non-confidential and nonproprietary. You agree that you will not submit any information or ideas you consider confidential or proprietary to the Company.
5. Indemnification
You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including concerning costs and legal fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defiance and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the Company's written consent. The company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
6. Third-Party Links & Ads
- Third-Party Links & Ads: The Service may contain links to third-party websites and services and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the Company's control, and the Company is not responsible for any Third-Party Links & Ads. To the extent that the Company may provide access to Third-Party Links & Ads, the Company provides access to such Third-Party Links & Ads only for your convenience. It does not review, approve, monitor, endorse, warrant, or make any representations concerning ThirdParty Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply suitable caution and discretion. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply to your use thereof, including such third party’s privacy, terms of use, and data-gathering practices. You are solely responsible for conducting the research and investigation that you deem necessary and appropriate before using such Third-Party Links & Ads and before proceeding with any transaction in connection with such Third-Party Links & Ads.
- Other Users: Each Service user is solely responsible for its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that the Company will not be responsible for any loss or damage incurred due to such interactions. If there is a dispute between you and any Service user, we are not obligated to become involved.
- Release: You at this moment release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and at this moment waive and relinquish, every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Links & Ads).
- Privacy: You acknowledge and confirm that you have read Pashione, Inc.’s Privacy Policy, the terms of which are incorporated by reference herein, and agree that the terms of Pashione, Inc.’s Privacy Policy are reasonable. You consent to use your personal information by Pashione, Inc. and/or its third-party providers, partners, Brands, and affiliates per the terms of and for the purposes outlined in the Privacy Policy.
7. Disclaimers
- Disclaimer: Pashione, Inc. is not a Brand. We do not recommend or endorse any particular product. Pashione, Inc. does not offer advice regarding the suitability or appropriateness of any product. Pashione, Inc. and its officers, directors, employees, agents, representatives, and affiliates expressly disclaim any responsibility and liability arising from (a) your use of or reliance upon the service or the information that is made available on or through the Service, (b) any Services rendered by any third-party provider, partner, Brands, or affiliate featured on this Service, or (c) any claims that may directly or indirectly result from your reliance upon or use thereof.
- Service Disclaimers: The Service is provided on an "as-is" and "as available" basis, and the company (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Service will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties concerning the service, all such warranties are limited to ninety days from the date of first use. The preceding disclaimer may not apply to you if you reside in a state that does not allow disclaimers of implied warranties.
8. Limitation of Liability
To the maximum extent permitted by law, in no event shall the company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Service, even if the company has been advised of the possibility of such damages. Access to and use of the Service is at your discretion and risk, and you will be solely responsible for any damage to your device or computer system or loss of data resulting from that place. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of the action) will at all times be limited to a maximum of fifty U.S. dollars ($50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability arising from or relating to this Agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Term & Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for violation of any use of the Service or these Terms. Upon termination of your rights under these Terms, your Account and suitability to access and use the Service will terminate immediately. You understand that any termination of your Account may involve the deletion of the User Content associated with your Account from our database. The company will not be liable for any termination of your rights under these Terms.
10.Copyright Policy
The company respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for removing any infringing materials and the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. Suppose you believe that one of our users is, through our Service, unlawfully infringing the copyright(s) in a work and wish to have the allegedly infringing material removed. In that case, the following information in the form of a written notification must be provided to our designated Company:
- your physical or electronic signature.
- Identify the copyrighted work(s) you claim to have been infringed on.
- Identify the material on our services that you claim is infringing and that you request we remove.
- sufficient information to permit us to locate such material.
- your address, telephone number, and email address.
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
11.General
- Changes: These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by emailing the last email address you provided to us (if any) and/or by posting notice of the changes on our Service. You are responsible for providing us with your updated email address. If the last email address you provided us is not valid or, for any reason, is not capable of delivering the notice described above, our dispatch of the email containing such notice will nonetheless constitute adequate notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty calendar days following our dispatch of an email notice to you (if applicable) or thirty calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
- Governing Law and Jurisdiction: These Terms shall be governed by the laws of the United States of America. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the United States of America. If the dispute arises with Pashione Inc., then the Courts of the United States of America shall have jurisdiction over the matter.
- Export: The Service may be subject to all country(ies) export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any country technical data acquired from the Company or any products utilizing such data in violation of the export laws or regulations of the StoreFront country.
- Electronic Communications: The communications between you and the Company use electronic means, whether you use the Service or send us emails, or whether the Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. The preceding does not affect your non-waivable rights.
- Third-Party Rights: The provisions contained herein about disclaimers, exclusion of warranty, limitation of liability, and indemnification are for Pashione, Inc. and its officers, directors, employees, agents, representatives, affiliates, third-party providers, and partners. Each of these parties shall have the privity of contract concerning such terms to the extent necessary to assert and enforce these provisions directly against you on its behalf.
- Entire Terms constitute the entire agreement between you and us regarding using the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation.” Suppose any provision of these Terms is, for any reason, held to be invalid or unenforceable. In that case, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified to be valid and enforceable to the maximum extent permitted by law. To avoid doubt, the relationship between any brand and company is that of an independent contractor, and neither party is an agent or partner of the other. The relationship between Pashione, Inc. and each brand will be that of an independent contractor, and neither of us nor any of our respective officers, agents, or employees will be deemed, held, or construed to be partners, joint ventures, fiduciaries, employees, or agents of the other. These Terms and your rights and obligations herein may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the preceding will be null and void. Company may freely assign these Terms. The terms and conditions outlined in these Terms shall be binding upon assignees.
- Headings: The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect the terms and conditions herein, nor shall they limit, influence, or otherwise affect the interpretation of the terms and conditions contained herein.
- Severability: The terms and conditions contained herein shall be deemed severable. Suppose any provision is determined to be unenforceable or invalid. In that case, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Copyright/Trademark Information: Copyright © 2023 Pashione, Inc. All rights reserved. All trademarks, logos, and service marks (Marks) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.
- Taxes: You acknowledge and understand that the Company’s prices, fees, and other charges do not include any taxes that may apply to your purchase or use of the Service. For the avoidance of doubt, the term Taxes means all taxes, levies, imposts, duties, fines, or similar governmental assessments imposed by any jurisdiction, country, or any subdivision or authority thereof, including, but not limited to federal, state, or local sales, Value-Added Tax (VAT), Goods and Services Tax (GST), use, property, excise, service, transaction, privilege, occupation, gross receipts or similar taxes, in any way connected with this Agreement or agreement required hereunder, and all interest, penalties or similar liabilities concerning it. All prices, fees, and other charges payable under this Agreement or agreement ancillary to or referenced by this Agreement shall not include any Taxes. You agree to bear and be responsible for all such Taxes. You shall make all payments required without deduction of any Taxes, except as required by law, in which case the amount payable shall be increased as necessary so that after making any required deductions and withholdings, the Company receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such deductions or withholdings been made. Suppose you are a tax-exempt entity or claim exemption from any Taxes under this Agreement. In that case, you shall provide a certificate of exemption upon executing this Agreement. After receipt of valid evidence of exemption, the Company shall not charge you any Taxes from which it is exempt. Without limiting the preceding, all references to payments made in this Agreement are exclusive of any VAT, GST, or other consumption taxes (collectively, VAT) chargeable, and where required by law, VAT shall be itemized at the rate applicable, if any, and paid in addition to it. You shall communicate to the Company your VAT identification number(s) attributed by (i) the country where you have established your business and/or (ii) any other country where you have established a fixed establishment, to which the Services under this Agreement are provided. The company shall consider the Services under this Agreement to be for your business use and provided to the location(s) of you by the provided VAT identification number(s). You shall comply with all applicable tax laws and regulations and provide the Company with all necessary assistance to facilitate the recovery or refund of any VAT paid by the Company about the Services to the respective government or authority. You, at this moment, agree to indemnify the Company for any Taxes and related costs paid or payable by the Company attributable to Taxes that would have been your responsibility under this section if invoiced to you. You shall promptly pay or reimburse the Company for all costs and damages related to any liability incurred by the Company due to your noncompliance with or delay in fulfilling the responsibilities herein. Your obligation under this Section shall survive any termination or expiration of this Agreement.
Contact Information:
Pashione, Inc
13166 Teton St
Frisco, TX, 75035
USA
Email: policy@pashione.co
Contact No.: +1-945-213-6380
