H A R A K A S
Haute Couture
Privacy Policy - Legal Policy
1. LEGAL INFORMATION
1.1 The website www.harakasfashion.com (the “Website”) is the property of HARAKAS HAUTE COUTURE INC., which includes HARAKAS's affiliated companies, and use thereof is governed by the following terms of use ( “Terms of Use”).
1.2 By accessing, browsing and using the Website, you agree to comply with and be bound by these Terms of Use, including confidentiality rules. Please take the time to read these Terms of Use carefully. If you disagree with any clause of these Terms of Use, please exit the Website immediately.
1.3 HARAKAS HAUTE COUTURE may from time to time revise, change, modify and/or remove part of these Terms of Use at its sole discretion. The new dated version of these Terms of Use takes effect as soon as it is published on-line.
1.4 The Website may be administrated and operated from different locations in JAPAN and USA. The Website is accessible worldwide. If you chose to access the Website from outside JAPAN and USA you do so on your own initiative and you are solely responsible for complying with compulsory local laws.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 HARAKAS has the exclusive rights, title, and interest (unless stated otherwise) to the Website’s Intellectual Property Rights, including but not limited, to its content.
2.2 Intellectual Property Rights include all intellectual property rights of whatever nature without limitation: all texts, graphics, user and visual interfaces, photos, images, illustrations, trademarks, logos, layout, video clips, audio clips, sound, music, design, know-how, technology, drawing, products, artwork and other materials appearing on the Website, and future rights of copyright, as well as all rights to software programs, code and supporting documentation, moral rights, image rights, patents, trademarks, trade names, goodwill, internet domain names, registered and unregistered design rights, data, database rights and all other intellectual property rights (whether registered or not) or other rights or forms of protection having equivalent or similar effect anywhere in the world, insofar as these rights have been created by HARAKAS or its employees.
2.3 Except as provided for under §3 hereinafter, nothing contained on the Website shall be interpreted as granting licence or the right to use any content on the Website.
3. USE OF THE WEBSITE
3.1 The data contained on the Website is presented for information and promotion purposes only.
3.2 The information provided is for your personal use only. You may download, display or print the information appearing on the Website exclusively for personal and non-commercial purposes, provided that the copyright notice is retained on each copy and you do not change any trademark or other notification of ownership. Downloading or reproduction of any document or software gives you no right, title or interest with respect to said documents or software.
3.3 Any other use, including reproduction for purposes other than personal non-commercial use, modification, dissemination, publication, distribution, transmission, creation derivative works form, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except with HARAKAS’s prior written consent.
3.4 HARAKAS HAUTE COUTURE neither warrants nor guarantees that use of any content displayed on its Website will not infringe on third party rights.
4. INFORMATION DEEMED NON-CONFIDENTIAL AND SUGGESTIONS
4.1 Any personal identification or information sent via the Internet to the Website is protected and treated according to HARAKAS’s Privacy Policy. HARAKAS HAUTE COUTURE invites you to read the Privacy Policy carefully before sending any such personal identification or information.
4.2 You hereby accept that all comments, suggestions, drawings, concepts, photos, testimonials or any other documents (except for your private confidential information) communicated or entrusted to HARAKAS through its Website or by any other means (“Suggestions”) shall not be deemed as confidential and shall not be your property.
4.3 All Suggestions automatically become the property of HARAKAS as soon as they are made. Making a Suggestion transfers all rights, titles and interests, including the copyrights, linked to the Suggestions to HARAKAS. HARAKAS has no obligation (i) to preserve the confidential nature of any Suggestion; (ii) to financially compensate anyone in exchange of or in connection with a Suggestion; or (iii) to reply to or acknowledge receipt of any Suggestion made to it.
4.4 You hereby guarantee that no Suggestion made infringes on the rights of a third party, with respect to copyright, registered trademarks, patents, trade secrets, private life or any other personal or property rights. By making a Suggestion, you acknowledge that HARAKAS can (but is not obliged to) copy, publish, disseminate or use this Suggestion for any purpose, including, but not limited to, advertising, promotional or product development purposes or any other commercial purpose, without any financial compensation being payable to you or to any other person. You are and shall remain liable for the content of any Suggestion made by you.
4.5 HARAKAS enjoys a worldwide reputation for both the design and manufacture of high quality jewellery, HAUTE COUTURE DRESSES and other luxury products. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect HARAKAS’s creations. As a result, HARAKAS will not agree to or accept being the receiver of unsolicited proposals of collaboration and it is possible that HARAKAS may already be working on similar ideas. Consequently, you are advised that HARAKAS is not interested in receiving ideas or other proposals.
5. DISCLAIMER OF WARRANTIES
5.1 Any materials, information or Website content are supplied “as is” in terms of their
availability, and with no guarantee of any sort, express or implied, including, amongst
others, implied warranty of merchantability or suitability for any particular purpose.
5.2 HARAKAS carries no liability and cannot guarantee that the information contained on the
Website is accurate, complete and up-to date, or that the Website contains no defect and
that any existing defects will be corrected. By using this Website, you agree to do so at
your own risk and assume full responsibility for any problems inherent in using it, any
loss of data and costs related to any assistance or repair to any hardware and/or software
used by you for connecting to the Website, and you agree that HARAKAS bears no liability
whatsoever for any damage that may be caused by, result from or be connected to your use of
the Website.
5.3 If you communicate with us by e-mail, you should note that the security of Internet e-
mail is uncertain. By sending sensitive or confidential e-mail messages, you accept the
risk inherent to such uncertainty and possible lack of confidentiality over the Internet.
6. LIMITATIONS OF LIABILITY
6.1 You access, use, browse and navigate on the Website at your own risk.
6.2 You accept that, to the fullest extent permitted by applicable regulations, neither
HARAKAS nor any of its affiliates shall, under any circumstances, be held liable for
actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage,
or any other damage, whatever its nature, even if HARAKAS was previously informed of the
possibility of such damage, whether during a contractual action, a prejudice or any other
theory, resulting from, or connected to the use, incapacity to use or execution of
information, products or documents on this Website.
6.3 All materials downloaded or obtained in any other manner during the use of the Website
are at your own risk. HARAKAS takes no responsibility for any damage or virus which might
affect your computer equipment or other property by reason of your access to, use of, or
downloading of any material from its Website or for any illegal intrusion or intervention
in the IT system.
6.4 HARAKAS reserves the right to interrupt or discontinue any or all of the functionality
of its Website. HARAKAS accepts no responsibility or liability whatsoever for any
interruption or discontinuing of any or all functionality of its Website resulting from
actions or omissions of HARAKAS or any third party.
7. CHANGE OF INFORMATION
7.1 The content of the Website may contain inaccuracies or typographical errors. HARAKAS
reserves the right to make changes, corrections, and/or improvements to such content at any
time without prior notice but does not assume any responsibility to do so.
7.2 The style, drawing and colours of HARAKAS products featured on the Website may be
modified without prior notice.
8. AVAILABILITY OF PRODUCTS AND SERVICES
8.1. The products featured on the Website are representative of HARAKAS’s collection.
However, not all HARAKAS products are featured on the Website.
8.2. The Website may contain information on HARAKAS products and services, not all of
which are available in every location. A reference to a product or service on the Website
does not imply that such product of service is or will be available.
8.3. While every effort is taken to try to ensure that the colour, design, style,
reference number, description and size of the products featured on the Website are
representative of the original products, variation may occur. Neither HARAKAS nor its
affiliated companies shall be liable for any error or inaccuracy in the description,
reference and in the photographs or graphical representations of products displayed on the
Website. HARAKAS will not be liable for such errors and is under no obligation to deliver
the products and/or pay any damages whatsoever. Any questions about products can be
directed to the HARAKAS Customer Service Department on the hyperlink
9.HARAKAS HAUTE COUTURE SUGGESTED RETAIL PRICE
9.1. The prices of gem-set models are dependent on market fluctuations and therefore
subject to variations. HARAKAS reserves the right to modify the prices and models on this
website at any time.
10. MISCELLANEOUS
10.1 The present Terms of Use embody the full agreement concluded between HARAKAS and
yourself concerning the access and use of the Website and its content.
10.2 These Terms of Use, as well as your use of the Website and any agreement between us,
shall be governed by and construed in accordance with the laws of JAPAN without
giving effect of conflicts of law principles thereof. Any dispute, controversy or claim
arising out of or in connection with this Agreement is subject to the exclusive
jurisdiction of the ordinary courts of the canton of JAPAN, with the exception of an appeal to the Japanese federal Court.