Terms Of Service

 

AGREEMENT BOND

Hi, Welcome to DayLush, kindly take note of the T&Cs for our provided service. To use our services, you should be at least 18 years old and above in the jurisdiction in which you reside. The Services are not available to persons under the age of 18. With the usage of our services via our website to purchase in our products, you acknowledge and concur with the agreement of the most current version of our T&Cs as posted on our website, www.daylush.com. If you do not wish to be bound by this agreement, you may discontinue or not participate in our services. If you have already established an account and you do not wish to continue to be bound by this agreement, kindly proceed to terminate your account.

At any given time, DayLush may revise and modify on the specific terms, codes of conduct or guidelines or any matter that is related to our service. It will be your sole responsibility for reviewing out our T&Cs periodically for any modifications. Your continued use of our services following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any Service, including tournament rules and eligibility.

You understand and accept that DayLush is unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with all laws that govern you, civil and criminal.

GOVERNING LAW COMPLIANCE

You are subject to all laws pertaining to the province, state, and/or country in which you reside and from which you access our services, and are solely responsible for obeying those laws. You understand and accept that DayLush cannot be held liable if laws applicable to you restrict or prohibit your participation in our services. DayLush makes no representations or warranties, implicit or explicit, as to your legal right to participate in any services offered on our website nor shall any person affiliated, or claiming affiliation, with DayLush have authority to make any such representations or warranties. 

THIRD PARTY REPRESENTATIVES

In the event that you grant insurance authority or control over your account to a third party whether on a discretionary or non-discretionary basis, you do so at your own risk. Neither DayLush nor any of its affiliates or agents shall in any way be responsible for reviewing your choice of such third party or for making any recommendations with respect thereto. DayLush does not make any representations or warranties concerning such third party and shall not be responsible for any loss to you which results from the actions of such third party. DayLush reserves the right to reject the appointment of any representative or attorney authorized to act on your account and may elect to dismiss and/or reject any transactions performed by such person.

ELIGIBILTY ON PARTICIPATION
 

To use our services and register an account (optional) with us, you must agree to the conditions set forth below. You understand and concur with the terms that:

• You are a natural person, at least 18 years old and above in the jurisdiction in the location which you reside. DayLush reserves the authority to request the evidence of your age, at any time.
  
  
• You fully understand our guidelines and procedures of our services, and your use of our services will always comply fully with this Agreement, the Privacy Policy and the rules of our services.
  
  

• Your account is personal and is only to be used by you. You shall not allow any other person to access your account. We take no responsibility for any third party access to your personal account. Your account will also not be transferable to any other person.
  
  

• Upon creating an account with us, you are required to provide the following information:  First Name, Last Name, Email Address & Password.

• All information that you provide for the purpose of registering an account with us must be true, accurate, current and complete, and you will promptly notify us of any changes to such information. DayLush reserves the right to terminate your account. If you deliberately submit incomplete or inaccurate information, we may immediately close off your account and forfeit any earnings to which you may have otherwise been entitled.
  
  

• At any time, DayLush reserves the authority to request to provide proof of eligibility and conduct a review to validate your account in order for you to continue to access our services, and each client hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of our website.
  
  
  
• All money that you use through the Services does not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any relevant authority.
  
  

• Only one active account is allowed to be registered with us. You are prohibited from holding more than one account. In the event it is discovered that you have opened more than one account, all accounts may be closed without notice.
  
  
  

  

REFUND OF PAYMENT

• DayLush offers refund only in the event that our igloo marquees ruins or damages your events. All refunds are transferred to your bank account. DayLush will refund via paynow or internet banking and you may receive your refunds instantly. DayLush will not be held liable or responsible if there are malfunctions, discrepancies or delays on the transfer of refunds to your bank account.

 

• There will/might be instances whereby you will not receive the full amount of your refunds in your bank account. This may be due to transfer service fees imposed by your bank or 3rd party merchants. DayLush will not be held liable or responsible if we have transferred the correct amount of refunds to your bank account but you did not receive the full amount.
  
  
  

INTELLECTUAL PROPERTY

• With the usage of our services such as the registration of an account and/or participation in our services, you acknowledge and agree that all content included in the services, including all website design, text, graphics, photos, video, and all software that forms part of the services is owned or licensed by DayLush. Daylush reserves the right to change product images and specifications at any time without notice. You may not copy, download, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassembly, reverse engineer, decrypt or otherwise use or exploit any software or other works or content from our website and all related social media sites unless we have expressly allowed You to do so. You agree that all proprietary rights, including all trademark, copyright, patent or trade secret rights, inherent in such software, works and content is owned by Us or applicable third parties. DayLush neither warrants nor represents that your use of the Content will not infringe rights of third parties.  Although DayLush makes the best of efforts to include accurate and up-to-date information, DayLush does not make warranties or representations as to the accuracy or completeness of any Content and assumes no liability or responsibility for any errors or omissions in the Content.

 

• All clients, whether participating in our services or not, are not allowed to, in any manner, use the idea of our services for the purpose of self gain. DayLush reserves the right to take legal action against you.

 

• The terms DayLush and daylush.com are the trademarks, service marks and/or trade names of DayLush. You may not have the rights for such copyright material or trade or service marks and must not use them without DayLush’s written permission.
  
  
  

RULES OF CONDUCT

• DayLush allows clients to post comments/suggestions/reviews & questionnaires on our facebook page. As such, all clients are to conduct themselves in a proper manner when messaging or posting a comment on our facebook page. You understand and accept the following terms:

• DayLush reserves the right to temporarily or permanently ban members who violate or abuse these rules of conduct.

• DayLush reserves the right to remove any comments posted on our facebook page that is deemed inappropriate by us.

• Posting or emailing of materials that are profane, vulgar, obscene, disruptive, hostile, abusive, violent, insulting, indecent or threatening will not be tolerated.

• DayLush reserves the right to delete posts/messages/emails that contains URLs, videos & audio files, advertisements, copyright materials or promotions of other companies.

• All emails, facebook messages and posts should be only limited to the subject of our service.

• Your personal information (your username, phone number, Paypal account ID, bank account details, birth date, password) should not be shared on our facebook pages. DayLush will not be held responsible if any of your personal information is stolen and is used against you.

TERMS OF TERMINATION

• DayLush reserves the right to terminate your account with any reason or with the violation of our terms or conditions, or with the breaching of the terms.
  
  
  
• If you wish to terminate your account, you may notify us by email @ services@daylush.com. Do not notify us via our facebook page. All enquiries, queries and termination requests will be responded to you within a reasonable time. DayLush will contact you via email once your account has been terminated.

 

ABUSE

• DayLush is entitled to terminate a client's access to our services, accounts, and take legal action against any client if he/she is found to be creating problems, possible legal liabilities, or acting inconsistently with the spirit of these Terms and Condition or Our policies.

• The following violations listed below may result in immediate removal or account termination from our services:

• Any posting material that includes third party and proprietary material.

• The posting of another individual's account information such as password, contact number, email address and bank account number.

• The posting of materials which includes pornography, indecency, profanity, vulgarity, hate speech, disruptive, or hostile comments, interpersonal disputes, or threats of violence in a post.

• The intention to exploit or harm children by exposing them to inappropriate Content, which includes the request of personal information.

• The impersonation or misrepresentation of other clients to gain an advantage or to achieve malicious purposes.

• The usage of any programming code which can damage/interfere with our website operations.

• Influencing and encouraging other clients to violate DayLush’s T&Cs or policies.

• The impersonation or the attempt to impersonate DayLush staff or any other clients.

• The submission of programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, redirect, destroy or limit the functionality of any computer software or hardware or telecommunications.

• Using our Site for commercial purposes, including advertising any commercial endeavor (e.g., offering for sale products or services) except as may be specifically authorized by DayLush.

• The posting of hyper-links or URLs to other sites that contain content that violates this Agreement, or falls within the descriptions of Abuse set forth herein.

• The posting or uploading of videos or audio files.

• Discussing or reposting of deleted posts on our facebook page.

• Emails which consist of contents that violates this Agreement.

 

DISCLAIMER OF WARRANTIES

• THE SERVICES OF DAYLUSH ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. DAYLUSH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONAL WARRANTIES. WE EXCLUDE ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
  
  
  
• In the event that DayLush violates this Agreement, we offer our maximum liability of direct damages which you may recover the full amount of your initial purchase. In no event shall the Owner, its subsidiaries, affiliates, officers, agents, partners, and employees be liable to a User or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to lost profits, arising out of this service; any content on this service; or any User Content posted on the service, even if the Owner is aware of the possibility of such damages.

 

LIMITATION OF LIABILITY

• Please do note that some countries, states, provinces and/or localities do not allow for limitation of incidental, consequential, or other damages, so the above limitation may not apply to You.

• If you want to pursue legal action against any other clients with reasons to your own justifications, you agree to pursue such right, claim or action independently of and without recourse to Us, and You release and agree to hold Us harmless from and against any and all claims, liability, damages, losses, costs and expenses including legal fees known and unknown, arising from or in any way connected with such right, claim or action.
  
  
  
• By registering and/or participating in our services, You agree to defend, indemnify and hold harmless DayLush, our affiliates, subsidiaries or other representatives from and against all claims and expenses, including attorneys’ fees, resulting from (i) any breach of this Agreement or your negligent and wrongful conduct; (ii) your use and access of the Services, including the posting of any content on our facebook page by you; and (iii) a violation by you of any applicable law.
  
  
  
• No failure by the Owner to insist upon the strict performance of any covenant, obligation, term or condition of this Agreement or to exercise any right or remedy hereunder shall constitute a waiver. No partial or complete waiver of any breach shall affect or alter this Agreement, but each and every covenant, obligation, term and condition of this Agreement shall continue in full force and effect with respect to any other existing or subsequent breach.
  
  
  
• In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected and shall continue to be valid in full force and effect without being impaired in any manner and if, for any reason, a court finds that any provision of this Agreement is invalid, illegal or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable, then such provision shall be deemed to be written and construed and enforced as so limited.

IDEMNIFICATION

• By registering and/or participating in our services, You agree to defend, indemnify and hold harmless DayLush, our affiliates, subsidiaries or other representatives from and against all claims and expenses, including attorneys’ fees, resulting from (i) any breach of this Agreement or your negligent and wrongful conduct; (ii) your use and access of the Services, including the posting of any content on our facebook page by you; and (iii) a violation by you of any applicable law.
  
  
  

NO WAIVER

• No failure by the Owner to insist upon the strict performance of any covenant, obligation, term or condition of this Agreement or to exercise any right or remedy hereunder shall constitute a waiver. No partial or complete waiver of any breach shall affect or alter this Agreement, but each and every covenant, obligation, term and condition of this Agreement shall continue in full force and effect with respect to any other existing or subsequent breach.

SEVERABILITY

• In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected and shall continue to be valid in full force and effect without being impaired in any manner and if, for any reason, a court finds that any provision of this Agreement is invalid, illegal or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable, then such provision shall be deemed to be written and construed and enforced as so limited.

 

PRIVACY

• DayLush acknowledges that the privacy of your personal information is important to you. For more information about DayLush’s data protection practices, please read our Privacy Policy, which is incorporated by reference in this Agreement. The Privacy Policy explains how DayLush treats your personal information, and protects your privacy, when you use the Services. By accessing or using the Services, you agree to the use of your information in accordance with DayLush’s Privacy Policy.
  
  

 

HOW TO CONTACT US

• If you have any questions or concerns about this T&C, you may contact us via our email @ services@daylush.com.