Introduction

These Conditions of Use govern your use of our website and mobile application (collectively referred to as the “Platform”). Please read them carefully before using the Platform. By using the Platform, you agree to be legally bound by these Conditions of Use. If you do not accept these Conditions of Use, do not use the Platform.

We may change these Conditions of Use from time to time. If we make changes, we will notify you by revising the “Last Updated” date at the bottom of this page. We recommend that you revisit these Conditions of Use each time you use our Platform to stay informed about our information practices and the ways you can help protect your privacy.

Our Platform is owned and operated by mizunoirons.com USA Inc (“Boohoo”, “we” or “us”). If you have any questions about these Conditions of Use, please contact us at support@mizunoirons.com.

Platform Overview

Our Platform allows you to learn about and purchase our trend-led clothing and accessories. We offer styles to suit every budget. To use certain features, such as making purchases or leaving reviews, you must create a personal account.

Purchases made through the Platform are subject to our Terms of Sale. Please ensure you have read and agree with those terms before making any purchases.

Changes to the Platform and Conditions of Use

We are constantly improving and adding new functionality to our Platform. We may change or discontinue any part of our Platform or services offered through it from time to time, at our discretion.

As mentioned, we may also change these Conditions of Use. We will notify you of material changes by posting the revised terms on the Platform. Changes will be effective no sooner than fourteen (14) days after posting. Your continued use of our Platform means you accept those changes. If you do not agree to the changes, you should discontinue your use of the Platform.

Your Boohoo Account

You need a Boohoo account to access certain features, such as writing reviews and making purchases.

Registration: To register for an account, you must be at least 16 years old. You agree to provide true, accurate, current and complete information about yourself.

Log-in credentials: You are responsible for maintaining the confidentiality of your password and account, as well as for any account activities by yourself or anyone else using your log-in credentials. Please notify us immediately of any unauthorized use or security breach.

Account termination: Accounts that remain inactive for over 12 months may be terminated and deleted along with associated information. We also reserve the right to suspend or terminate your account if you breach these Conditions of Use.

One account per person: Each individual should establish one account used by that individual. Accounts registered on another person’s behalf may be deleted without notice.

Your Use of the Platform

You agree that you will use our Platform only for lawful purposes and per these Conditions of Use. In particular, you agree that you will NOT:

We reserve the right to delete or modify User Content (as defined below) that we believe violates these rules. We take no responsibility and assume no liability for User Content submitted by users. We also reserve the right to suspend or terminate accounts of users who repeatedly violate our rules of conduct.

User Content

The Platform lets you upload or transmit content – like reviews, photos, videos, measurements for fit tools, participation in forums or surveys, product improvement ideas – (“User Content”).

Your license to us: When you submit User Content, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to store, display, reproduce, modify to enable display and storage (such as for formatting or to change resolution), and distribute your User Content on the Platform or otherwise in connection with operation of our business. This license is only for the purpose of operating the Platform and/or related Boohoo business purposes.

What we expect from you: You affirm the User Content you provide is yours originally, and that any factual statements are true. You will only supply User Content that you are comfortable sharing with others under these Conditions of Use.

Removal rights: You can delete certain User Content you have shared at any time unless it has already been relied upon (such as a review). You can also request via privacy@mizunoirons.com that we delete certain User Content about you that is not properly anonymized, like fit information. However, we reserve the right to retain cached or archived copies for our records or as required by law.

No compensation; your responsibility: We are not obligated to pay you for rights to your User Content and we cannot control how others use content you share publicly. You understand that User Content is non-confidential and non-proprietary. We take no responsibility and assume no liability for any User Content submitted by users. You bear all risks associated with your submissions of User Content.

Reviews and Ratings

We welcome open and honest feedback in user reviews. Please keep reviews relevant to your experience with the specific item and focused on objective facts, to help others assess products responsibly. Please do NOT include any private or confidential information about yourself or others in reviews. We reserve the right to decline to post or remove any review, at our discretion. Reviews represent the subjective opinions and experiences of our users; we do not endorse any specific reviews.

Privacy Rights

Please review our Privacy Policy to understand what personal information we collect through the Platform, how we use it and your choices. You agree that we can process your data according to our Privacy Policy.

Intellectual Property Rights

Our Platform and its entire contents, features and functionality, including all information, software, text, displays, images and audio, and the design, selection and arrangement thereof (“Materials”), are owned by Boohoo, its licensors or other providers and are protected in all forms by intellectual property laws globally.

Your use of the Platform does not grant you ownership rights of any kind in the Platform or Materials contained or presented therein. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, publicly perform, publicly display or in any way exploit any Materials or other content appearing on the Platform.

We only grant you limited permission, subject to these Conditions of Use, for purposes of using the Platform. Any use of materials on the Platform other than as authorized under this limited license is strictly prohibited.

Trademarks

The trademarks, names, logos and service marks displayed on our Platform are our registered and unregistered trademarks or those of third parties. Your unauthorized use of the trademarks, names, logos or service marks appearing on the Platform may constitute trademark infringement.

Accuracy and Integrity of Information

Although we aim for accuracy, we make no warranties regarding information provided on the Platform. It is your responsibility to verify information before relying on it. Content and specifications may change without notice. We disclaim any liability for decisions made or harms arising from use of information provided through the Platform to the fullest extent permitted by law.

Indemnity

You will indemnify Boohoo for any loss or damages suffered by us or third parties as a result of your breach of these Conditions of Use or in relation to your use of the Platform. We reserve the right to exclusively defend and control claims arising under this provision and you must fully cooperate with us in asserting any defenses.

Disclaimers and Limitations of Liability

We make no representations or warranties about our Platform, either express or implied, including without limitation regarding merchantability, fitness for a particular purpose, title, non-infringement, accuracy, timeliness or completeness of content. We do not guarantee the Platform will meet your needs, be secure or error-free. We also do not control and are not responsible for controlling how or when our users use the Platform or the features, services and interfaces made available through the Platform. We are not responsible for circumvention of security features or interference with the Platform by outside parties.

As permitted by law, use of the Platform is at your own risk. To the fullest extent permitted by applicable law, Boohoo and its officers, directors, employees, agents and volunteers exclude all representations, warranties, and conditions whether implied by statue, common law or custom (and including those relating to skill, care or prudence) in connection with the Platform and all content or goods accessed via the Platform.

We limit our liability to you to the fullest extent permitted by applicable laws. Despite the previous paragraphs, if Boohoo is liable in connection with these Conditions of Use or your use of the Platform, Boohoo limits its liability to you as follows even if remedies fail the essential purpose:

(a) for goods, liability is limited to damages up to two times the amounts you paid us for the goods or one hundred U.S. dollars (US$100), if more;

(b) for services, liability is limited is limited to re-performing the services or what you paid for the services, if anything.

(c) in all cases, we are not liable for indirect damages; lost profits; lost data; or harm arising from use or inability to use the Platform.

Termination of Access

We reserve the right to modify, suspend or discontinue all or part of the Platform without notice. We reserve the right to deny Platform access privileges or terminate rights to access our Platform at any time, without notice and for any reason, including for violation of these Conditions of Use.

Governing Laws

The laws of the State of California [or United States, depending on preference], without reference to principles of conflicts of laws, govern these Conditions of Use and any dispute that might arise between you and Boohoo.

Dispute Resolution

In furtherance of our desire for practical, just, fast and affordable dispute resolution:

(1) You must contact us within one (1) year of any claim arising with all relevant details so we can attempt to resolve it without legal proceedings. We commit to respond promptly and make reasonable efforts to efficiently resolve claims out of court.

(2) If a claim proceeds to external dispute resolution, we intend that it be resolved via binding non-appearance-based arbitration using an established alternative dispute resolution provider mutually agreeable to you and us. The arbitrator may not consolidate claims without consent of all parties. Any judgment on an arbitration award may be entered into any court with proper jurisdiction. If arbitration fails or is not available, you consent to exclusive jurisdiction and venue in California state or federal courts to resolve claims related to these Conditions of Use or use of the Platform.

Language

We recognize English may not be your primary language. These Conditions of Use have been prepared in English and may be translated for convenience. The English version governs your use and is the version used for determining binding terms and intent. It will govern over any translations prepared for convenience.

By using our Platform, you consent to having these Conditions of Use governed, interpreted and enforced exclusively in the English language in accordance with California law.

General Terms

If any provision of these Conditions of Use is deemed unlawful, void or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions. Section titles are for convenience only and have no legal or contractual significance. The term “including” means “including without limitation”.

Contact Us

Please contact us with any questions or comments about these Conditions of Use or the Platform:

Boohoo Group USA Inc.
Email: info@mizunoirons.com


Last Updated: December 2023