Terms of service

# Terms & Conditions | BURGEE

## TERMS & CONDITIONS

Welcome to the Burgee website (the “Site”). Burgee International Ltd. (“BURGEE”, “us”, or “our”) provides you the right to access and use the Site, including all Content, products, and services available on the Site (collectively with the Site, the “Offerings”), subject to these Terms and Conditions, our Privacy Policy ([accessible here](/privacy)), and any additional terms referenced herein and/or terms you agree to prior to being granted access to certain areas of the Site (collectively, the “Terms”). These Terms govern your use of our Site and your conduct, irrespective of your means of access, whether from a computer, mobile phone, or other device.

This Site is operated by our affiliate Burgee Online Services Ltd. on our behalf (Burgee Online Services Ltd. operating in such capacity henceforth and herein as “BURGEE Online”). In addition, BURGEE will process the orders placed through this Site and will be the merchant of record for such orders, unless otherwise indicated during the checkout process.

These Terms apply to any website or document that links to these Terms.

THE TERMS CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BURGEE (COLLECTIVELY, THE “PARTIES”), PLEASE CAREFULLY READ THEM BEFORE ACCESSING OR USING ANY OFFERING. BY ACCESSING OR USING ANY OFFERING, OR BY CLICKING A BOX THAT STATES YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, AND AGREE TO BE BOUND BY THE TERMS, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR OFFERINGS, INCLUDING THE COLLECTION AND USE OF YOUR INFORMATION SET FORTH IN OUR [PRIVACY POLICY](/privacy).

IF YOU DO NOT AGREE TO THE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, BURGEE IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SITE OR USE OF ANY OFFERINGS AND YOU MUST NOT ACCESS OR USE ANY OFFERINGS.

IMPORTANT – ARBITRATION AGREEMENT – PLEASE READ:

THE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND BURGEE ONLINE AND/OR ITS AFFILIATES ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 22 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO INDIVIDUAL, BINDING, AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU AND BURGEE ONLINE WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN COURT OR TO HAVE A JURY TRIAL FOR ANY CLAIMS.

## 1. DEFINITIONS

Capitalized terms used in these Terms have the definitions given in the context in which they are used. All other terms used herein have the plain English (U.S.) meaning.

## 2. ELIGIBILITY

You may only access and use the Offerings if you are 18 years of age or older and meet the other eligibility requirements specified in the Terms. By accessing or using any Offerings, and by agreeing to these Terms, you acknowledge you meet each of these requirements. If you do not meet any of these requirements, you may not access or use any Offerings. Our Offerings are not available to any users BURGEE previously removed from our Offerings.

## 3. MODIFICATIONS

BURGEE reserves the right, at any time in our sole discretion, to modify the Offerings with or without notice to you, by making those modifications available on the Site. BURGEE also reserves the right, at any time in our sole discretion, to modify the Terms; provided that any modifications to our Privacy Policy will be pursuant to the terms set forth therein. BURGEE will inform you of the presence of any changes to the Terms by posting those changes on the Site. Any modifications will be effective immediately upon posting on the Site. You may terminate your Account or cease using the Offerings if you object to any such modifications. However, you will be deemed to have agreed to any and all modifications through your continued use of the Offerings following such notice period. BURGEE will note the effective date of the latest version of these Terms at the top of this page. It is your responsibility to review these Terms periodically.

## 4. PRIVACY

Please review our privacy policy, available [here](/privacy) (“Privacy Policy”) for details about our personal information practices. The Privacy Policy is incorporated by reference herein, and these Terms and Conditions are incorporated into the Privacy Policy.

## 5. PURCHASE RELATED POLICIES AND PROCEDURES

To view terms and conditions related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), which are incorporated into these Terms by reference, please visit [https://www.myburgee.com/shipping-returns](/shipping-returns).

## 6. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Site, and any samples BURGEE may provide to you, are for your personal and/or professional use only. You may not sell or resell any of the products or services, or any samples, that you purchase or otherwise receive from us or otherwise use the Offerings for any commercial purposes. Please note that BURGEE will track the purchases you make through your Account on the Site, at our freestanding stores, and by telephone order. BURGEE reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that BURGEE believes, in our sole discretion, may result in the violation of our Terms.

## 7. ACCURACY OF INFORMATION

BURGEE attempts to be as accurate as possible when describing our products and services on the Site; however, BURGEE does not warrant that the descriptions, colors, information, or other Content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. BURGEE therefore reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and BURGEE reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. BURGEE apologizes for any inconvenience.

## 8. TERMINATION

Except as indicated in this Section, these Terms may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. Upon termination or expiration of these Terms for any reason you will immediately cease all use of and access to the Offerings, including, without limitation, all Content you obtained prior to termination. Termination does not relieve you of any payment obligations relating to purchased products or services and these Terms will continue to apply to all products and services purchased prior to termination. Any Section of these Terms which, by its nature, should survive expiration or termination of these Terms shall survive such expiration or termination.

## 9. YOUR OBLIGATIONS AND RESPONSIBILITIES

When accessing or using the Offerings, you will at all times comply with these Terms and the special warnings or instructions for access or use posted on the Site. You shall always act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Offerings and may not impair the integrity or operation of the Offerings in any way. You further agree not to (1) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, a Pro Member or any BURGEE employee, contractor, forum leader, guide, or host; (2) “stalk” or otherwise harass including advocating harassment of another (including, without limitation, any BURGEE employee, contractor, or host), entrap or harm any third party including harming minors in any way; (3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, including Your Content; (4) intentionally or unintentionally violate any applicable local, state, national or international law; or (5) collect or store personally identifiable data about other users. Without limiting the generality of any other provision of these Terms, if you default on your obligations as set forth in these Terms, you shall be liable for all losses and damages your default may cause us, our parents, subsidiaries, affiliates, partners, or licensors.

## 10. YOUR RIGHTS

### 10.1 To Access the Site

Subject to your compliance with the Terms, BURGEE will permit you to access and make personal use of the Site solely for lawful purposes and only in accordance with the Terms and any other agreement you agree to before being given access to any specific areas or features of the Site. If you are accessing and using the Site on someone else’s or an entity’s behalf, you represent that you have the authority to bind that person or entity as the principal to all Terms provided herein and that you agree to the Terms on such person’s or entity’s behalf, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of any Offerings resulting from such access or use.

### 10.2 To Create Links

Subject to your compliance with the Terms, you may also create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site may not (a) replicate, any of our Content; (b) imply that BURGEE is endorsing such website or its services or products; (c) misrepresent its relationship with us; (d) contain content that could be construed as distasteful, obscene, offensive, controversial, illegal, or inappropriate for any ages (as determined in our sole discretion); (e) portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; or (f) link to any page of the Site other than the home page. BURGEE may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

### 10.3 To Access Content

You may be provided with access to a variety of data, information, and content through the Site, including marketing materials, software, text, music, audio, video, photographs, maps, images, illustrations, graphics, trademarks, logos, service marks, button icons, messages, and other media (“Content”). Other than Your Content (as defined below) all Content available through the Site, and any compilation thereof, is owned by us or our third-party providers. All Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. You will not, and will not permit any third party to: (a) edit, alter, modify, reproduce, copy, or create derivative works of any Content; (b) access, distribute, sell, resell, lend, loan, lease, license, sublicense, rent, transmit, publicly display, publicly perform, publish, adapt, or transfer any Content; or (c) use, alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content. While you may access and interact with Content on the Site, you are granted no licenses or rights in or to any Content. Use of our Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Other users and third parties may transmit or post Content to the Site. BURGEE does not endorse or control such Content, have not verified the accuracy of such Content, and will not be responsible for any errors or omissions in, any Content provided by third parties through the Site and therefore, BURGEE does not guarantee the accuracy, integrity, or quality of any such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable to you. UNDER NO CIRCUMSTANCES WILL BURGEE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF ANY CONTENT. YOU HEREBY WAIVE ALL RIGHTS TO ANY CLAIMS AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENTS OF ANY PROPRIETARY RIGHTS, RIGHTS OF PRIVACY AND PUBLICITY, MORAL RIGHTS, AND RIGHTS OF ATTRIBUTION IN CONNECTION WITH CONTENT AVAILABLE ON THE SITE.

### 10.4 Restrictions

The Offerings may constitute our valuable trade secrets. You will not, and will not permit any third party to:

(a) use, access or attempt to access the Offerings except as expressly provided in these Terms;

(b) frame or utilize framing techniques to enclose the Offerings or any portion thereof;

(c) copy, republish, redistribute, transmit, sell, license, or download any Offerings (except caching or as necessary to view the Site);

(d) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Offerings, or otherwise make the Offerings available to any third party;

(e) make any use of the Offerings other than for your personal use;

(f) disassemble, decode, decompile, modify, reverse engineer, or create any derivative works of the Offerings or any portion thereof.

## 11. OWNERSHIP

The Offerings contain material which is owned by or licensed to us and protected by international copyright, trademark, and other intellectual property laws. You may not use, copy, distribute, or create derivative works based on the Offerings except as expressly permitted herein.

## 12. THIRD-PARTY SERVICES

The Offerings may contain links to third-party websites or services. Such links are provided for your convenience and do not imply endorsement by BURGEE. We are not responsible for the content, accuracy, or practices of third-party sites.

## 13. USER CONTENT

You may submit content to the Site, such as reviews or comments (“Your Content”). By submitting Your Content, you grant BURGEE a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and distribute it. You represent that Your Content does not infringe third-party rights.

## 14. INDEMNIFICATION

You agree to indemnify and hold harmless BURGEE and its affiliates from any claims, losses, or damages arising from your use of the Offerings or violation of these Terms.

## 15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, BURGEE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE OFFERINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

## 16. DISCLAIMER OF WARRANTIES

THE OFFERINGS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

## 17. FORCE MAJEURE

BURGEE shall not be liable for any failure to perform due to causes beyond its reasonable control, including acts of God, war, or pandemics.

## 18. GOVERNING LAW

These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in New York County, New York.

## 19. INTERNATIONAL USE

BURGEE operates internationally, and access to the Site may be subject to export and import regulations. You are responsible for compliance with applicable laws in your jurisdiction.

## 20. COOKIES AND TRACKING TECHNOLOGIES

We use cookies and similar technologies to enhance your experience. Please see our Privacy Policy for details.

## 21. CHILDREN'S PRIVACY

The Site is not intended for children under 13. We do not knowingly collect personal information from children under 13.

## 22. ARBITRATION AGREEMENT

Any dispute arising from these Terms shall be resolved by binding arbitration in New York, NY, under the rules of the American Arbitration Association, except for disputes involving intellectual property rights. You may opt out within 30 days of accepting these Terms by emailing legal@myburgee.com.

## 23. MISCELLANEOUS

These Terms constitute the entire agreement between the parties. If any provision is held invalid, the remainder shall continue in effect. No waiver of any breach shall constitute a waiver of any prior or subsequent breach.

Effective Date: November 1, 2025

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**Disclaimer:** This is a sample Terms and Conditions document adapted from the provided Tom Ford Beauty template for illustrative purposes only. It is not legal advice, and Burgee should consult with qualified legal counsel to customize, review, and finalize any terms to ensure compliance with applicable laws in all relevant jurisdictions, including international regulations for an international clothing brand. Specific sections (e.g., shipping, arbitration, governing law) may need further tailoring based on Burgee's operations.