Terms of Service
Last updated: 27 Apr 2024.
Please read these terms of service carefully before using Our Service.
1 - Interpretation and Definitions
1.1 - Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.
1.2 - Definitions
For the purposes of these Terms of Service:
- Account means a unique account created for You to access our Service or parts of our Service.
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Application means the software program provided by the Company or Operator downloaded by You on any electronic device, named PurvX.
- Buyer refers to users of the Service who are placing Orders for Goods.
- Country refers to USA.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to PurvX Marketplace Inc., 2810 North Church Street, PMB 71018, Wilmington, DE 19802 US.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
- Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
- Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
- Good refers to the items or services offered for sale, rental, auction, contact, or any other means of trading on the Service.
- Operator (referred to as either "the Operator", "We", "Us" or "Our" in this Agreement) refers to PurvX Marketplace Inc..
- Order means a request by You to purchase, rent or trade by any means Goods on the Application or Website.
- Platform refers to the Application and Services
- Rental refers to the items or services offered for rental on the Service.
- Rental Partner or Owner refers to users of the Service who are listing items for rent on the Service.
- Renter refers to users of the Service who are renting items on the Service.
- Seller refers to users of the Service who are listing Goods and making them available for trade by any means.
- Service refers to the Application or the Website or both.
- Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
- Website refers to PurvX Marketplace Inc., accessible from www.purvx.com.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2 - Contact Us
If you have any questions about these Terms of Service, You can contact us:
- By email: support@purvx.com
- By visiting this page on our website: Contact Us
3 - Acknowledgment
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
You represent that you are over the age of majority according to the laws of your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
4 - Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws.
4.1 - For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
4.2 - United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
4.3 - Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.
4.4 - Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
5 - User Accounts
5.1 - Account Creation
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
5.2 - Account Information
You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address.
You may have to provide documents to comply with identity verification.
Before or during posting Goods, you may be asked to supply, without limitation, Your bank account details, and Your identity documents.
Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
5.3 - Account Review
Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.
5.4 - Account Password
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
5.5 - Account Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help.
6 - Content
6.1 - Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
6.2 - Content Restrictions
The Company or Company or Operator is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
- Impersonating any person or entity including the Company or Operator and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company or Operator reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company or Operator be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
6.3 - Content Backups
Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
6.4 - Intellectual Property of Others and Copyright Infringement
We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
We are ready to comply with local regulations in that matter (Digital Millennium Copyright Act (DMCA), EU Copyright Directive, ...).
If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see 2 - Contact Us) and include in Your notice the following information related to the alleged infringement:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Upon receipt of a notification, the Company or Operator will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
7 - Orders of Goods and Rentals
By placing an Order for Goods and Rentals through the Service, You warrant that You are legally capable of entering into binding contracts.
7.1 - Position of the Service in Orders and Rentals
Our role is one of a facilitator between the Buyer/Renter, the Sellers and/or the Rental Partners, using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between the Buyer/Renter, the Sellers and/or the Rental Partners.
We are not a party to any agreement the Buyer/Renter has with the Sellers and/or the Rental Partners. Any agreement the Buyer/Renter enters with the Sellers does not form a part of any agreement We have with the Buyer/Renter.
The same principle applies to agreements between the Sellers, the Rental Partners and the Buyers and/or Renters.
Sellers and Rental Partners are not considered employees, partners, representatives, agents, joint venturers, or franchisees of the Company or Operator. The Company or Operator does not employ or retain Sellers and Rental Partners. Buyers and Renters hereby acknowledge that the Company or Operator monitors and facilitates certain aspects of interactions facilitated through the Service.
7.2 - Your Information as Buyer
If You wish to place an Order for Goods and/or Rentals available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
7.3 - Availability, Errors, and Inaccuracies
We, along with the Sellers and Rental Partners, are consistently updating Our offerings of Goods and Rentals on the Service. Despite Our best efforts, the Goods and Rentals available may occasionally be mispriced, inaccurately described, or unavailable. Additionally, delays may occur in updating information on the Service and in our advertising on external websites.
We strive to display the attributes of Goods and Rentals as accurately as possible, including colors. However, it's important to understand that the actual colors You see on Your screen may be influenced by Your computer system's settings and capabilities. Unfortunately, We cannot guarantee a perfect match between the product's color and its representation on Your device (including computers, smartphones, and tablets).
You, as a Buyer, should be aware that We, Sellers, and Rental Partners cannot and do not guarantee the accuracy or completeness of any information provided, including prices, product images, specifications, availability, and services. We reserve the right to modify or update information and to rectify errors, inaccuracies, or omissions at any time without prior notice.
7.4 - Prices Policy
The Company or Operator, the Sellers, and Rental Partners reserve the right to revise their prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or Operator or the Seller or the Rental Partner. In that event, You will have the right to cancel Your Order.
7.5 - Payments
Payment can be made through various payment methods we have available. We rely on payment gateways that have their own terms of service and their own limitations.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
7.6 - Service Fees
We may charge You some fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during your Order or Listing (as applicable). We reserve the right to change the service fees at any time.
7.7 - Order Modification
You and the Sellers and/or Rental Partners are responsible for any Order modifications you agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.
7.8 - Order Cancellation
This section applies to both purchases and rentals.
7.8.1 - Our Order Cancellation Rights
We reserve the right to refuse or cancel Your Order at any time for various reasons, including but not limited to:
- Unavailability of Goods or Rentals
- Errors in the description or prices
- Errors in Your Order
- Mistakes made by the Seller or Rental Partner
- Suspected fraud or unauthorized transactions
7.8.2 - Order Cancellation by Buyers or Renters
If You as a Buyer cancel an Order, the amount You paid (including the Service fees) is not refunded.
If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.
For detailed information on cancellation policies specific to Rentals, please refer to Section 8.2.10.
7.8.3 - Order Cancellation by Sellers or Rental Partners
If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will be refunded to the Buyer and will not be transferred to the Seller.
If something outside Your control requires the cancellation of an Order, or if You believe the Order should be refunded, contact Us.
For detailed information on cancellation policies specific to Rentals, please refer to Section 8.2.10.
7.9 - Order Dispute
If a Buyer, Renter, Seller, or a Rental Partner disputes an Order, they should notify the Company or Operator. The dispute will be resolved according to the Disputes Resolution Process outlined in Section 14 of these Terms.
8 - Rental Terms
8.1 - Rental Booking Period
The Rental Period selected is considered 'inclusive,' meaning that both the day of pickup and the day of return are counted as part of the rental duration. For example, a 4-day rental period implies that the rental item can be picked up on Friday and must be returned by Monday. In this scenario, both Friday and Monday are included in the 4-day period.
8.2 - Terms for Renters
8.2.1 - Title to Rental Items
The Rental items are and remain the property of the Rental Partner at all times. The Rental Partner (or the Company or Operator on their behalf) reserves the right to retrieve the item at any time. No modifications or alterations can be made to items without the explicit approval of the Company or Operator or the Rental Partner that has provided You, as the Renter, with the item.
8.2.2 - Rental Item Care and Return
The Renter agrees to handle the Rental Item with care to ensure it is returned in good condition, suitable for the next Renter. You are responsible for any loss, destruction, or damage to the Rental Item, beyond normal wear and tear.
Normal Wear and Tear refers to minor imperfections that arise from the expected use of the item. This may include minor creasing of clothing, scuffing on shoes, or slight pilling on fabrics.
However, if You, as the Renter, return a Rental Item that is damaged beyond normal wear and tear (such as rips, tears, burns, stains that cannot be removed through normal cleaning methods (e.g., red wine stains, food stains), or missing or broken components), We reserve the right to charge You for the cost of repair or replacement of the Rental Item, up to its full Retail Value, as provided by the Rental Partner on their listing or determined at Our discretion. This cost will be based on estimates from qualified repair professionals or the replacement cost of the item, whichever is less. In the case of a dispute regarding the level of damage, please refer to the Disputes Resolution Process outlined in Section 14 of these Terms.
8.2.3 - Security Deposit
The Renter must pay a Security Deposit before picking up the Rented item.
8.2.3.1 - Security Deposit Refunds
The Security Deposit will be refunded upon the timely return of the Rented item in the same condition as it was received, except for minor wear and tear.
However, the deposit may be withheld in whole or in part in the following situations:
- Late Return: A late fee of $20 will be charged for each day the Rental is overdue. This fee will be deducted from Your deposit. If the late fee exceeds the deposit amount, You will be responsible for the remaining balance.
- Damages beyond Normal Wear and Tear: This includes damages such as red wine stains, irremovable food stains, breakage, or tearing that render the garment irreparable. In such cases, the deposit will be withheld to cover the cost of repair or replacement.
- Lost or Stolen Item: If the Rented item is lost or stolen, Your deposit will not be refunded. Additionally, You will be invoiced for the retail value of the Rental item (minus the deposit amount) to compensate for the loss.
8.2.4 - Booking Process
After the Booking is accepted by the Rental Partner, the Renter will receive a link to pay the Rental Security Deposit fee as listed on the Rental Partner's item listing. The Renter must pay the deposit before picking up the item on the booking date.
8.2.5 - Pickup and Return
Currently, only Pick-Up for Rentals is supported. No shipping options are available. The Renter must pick up the item on the specified booking date and return it promptly at the end of the Rental Period.
8.2.6 - Identification
In some cases, after You, as the Renter, have placed an Order via our website, You may be asked for a passport, driver's license, or other forms of identification. If this isn't provided, the Company or Operator and the Rental Partner reserve the right to refuse the booking.
8.2.7 - Issues with Fit or Appearance
All information regarding the fit of the items available for hire on our website is provided by Rental Partners. We take no responsibility if you choose a size or item that does not fit you or does not suit you. If in doubt, please get in touch with the Rental Partner before making a booking. There will be no refund or credit offered in this circumstance.
8.2.8 - Cleaning
We recommend against attempting to clean the Rental items yourself. Our Rental Partners launder/dry-clean all garments when they are returned after Your Rental. There will be no fees charged as long as stains can be removed. You agree that under no circumstances will you attempt to alter or repair the Rental item(s) yourself, or have them cleaned/repaired by anyone else. Do not cut, iron, or hem tape any item booked via the Service.
8.2.9 - Damage or Loss
If damage (stains, rips, etc.) is observed when Your Rental item arrives, please take photos of this and let Us and the Rental Partner know right away. If You don't do this and there was no known damage prior to delivery, it may be assumed that the damage was caused by You.
8.2.10 - Cancellation Policy
This section specifically applies to Rental cancellations.
8.2.10.1 - Cancellation By Renter
If You need to cancel Your rental after booking, You must notify the Company or Operator at least 1 day before your scheduled pick-up date. A cancellation fee of $20 will apply for cancellations made within 24 hours of pick-up.
8.2.10.1 - Cancellation By Rental Partner/The Company
The Company or the Rental Partner providing the Goods/Service may cancel your booking, for any reason. The compensation to you will be limited to the amount you paid to The Company for the booking. The Company will not be responsible for any consequential damages that result from cancellation of the booking.
Reasons The Company or the Rental Partner may cancel your booking include, but are not limited to:
- The item is damaged by a customer that has rented the item prior to you.
- The item is lost or stolen by a customer that rented the item prior to you.
- It is deemed that it is not possible to deliver the item to you in time for your booking, due to previous late return by a customer, or for any other reason.
In all cases above, you will be entitled to a full refund.
8.2.11 - Dispute Resolution
In the event of a dispute between a Renter and a Rental partner, the Company or Operator will attempt to mediate a resolution according to the Disputes Resolution Process outlined in Section 14 of these Terms. If mediation is unsuccessful, both parties have the right to pursue legal action.
8.3 - Terms for Rental Partners
8.3.1 - Item Maintenance
Rental Partners are responsible for ensuring the cleanliness and overall condition of their Rental items before each Rental. Items must be dry cleaned or laundered between every booking to maintain quality standards.
8.3.2 Listing Items
Rental Partners must accurately list their items on the Service, including descriptions, condition, and Rental terms. Rental Partners have the discretion to set Rental Rates and Security Deposit amounts for their items.
8.3.3 Damage or Loss
Rental Partners may charge Renters for any damage or loss of items beyond normal wear and tear, in accordance with the terms outlined in Section 8.2.9 (Damage or Loss) for Renters. Rental Partners reserve the right to retrieve their items at any time.
Rental Partners acknowledge that normal wear and tear is an expected part of the rental experience. This may include minor creasing of clothing, scuffing on shoes, or slight pilling on fabrics.
8.3.3.1 Damage Beyond Normal Wear and Tear
The Renter is responsible for any loss, destruction, or damage to the Rental Item exceeding normal wear and tear. This may include rips, tears, burns, stains that cannot be removed through normal cleaning methods (e.g., red wine stains, food stains), missing or broken components, or excessively dirty items requiring professional cleaning beyond normal use (e.g., excessive dirt, pet hair, strong odors).
8.3.3.2 Repair and Replacement Costs
In the event of damage exceeding normal wear and tear, We will take all reasonable efforts to recover the cost of repair or replacement from the Renter. This may involve, but is not limited to, seeking reimbursement from the Renter's security deposit or pursuing other collection measures.
We are not liable or obligated to compensate You, the Rental Partner, for any damages exceeding normal wear and tear in situations where We are unable to recover the costs from the Renter.
Excluded Damages:
We will not be responsible for the following:
- Normal wear and tear: As mentioned earlier, minor imperfections arising from expected use are not considered damage.
- Damage after Listing Period: We are not liable for any damage that occurs after the Rental Period has ended.
- Late Damage Reports: To ensure a fair assessment, damage reports must be submitted within seven (7) days of receiving the returned Rental Item.
8.3.4 Compliance with Terms
Rental Partners agree to comply with all terms and conditions outlined in this Agreement and the Company's policies.
8.3.5 Calendar Availability
Rental Partners are responsible for managing their calendar availability on the Service. This includes accurately blocking out dates when items are already booked and updating availability promptly after completing Rentals.
9 - Currency
All prices displayed for Goods and Services on our platform are in U.S. dollars (USD) unless explicitly stated otherwise.
We currently accept payments in U.S. dollars (USD) only. However, We reserve the right to expand Our payment options to include other currencies in the future. If We do offer additional currencies, We will update this Terms of Service to reflect those changes.
10 - Payouts for Sellers and Renters
10.1 - Confirmation Window
Buyers have 2 weeks from the marked ship date (on the Service) to provide feedback or raise any concerns. We encourage them to confirm receipt sooner within the Confirmation Window to expedite your payout process. Once the Confirmation Window closes (or upon buyer confirmation), you'll receive confirmation that your payout has been initiated.
10.2 - Payment Schedule
The First Payout on the Service will typically be available within 7 days after the first successful payout is triggered as per the below schedules.
After a payout is triggered (refer section 10.2.1 and 10.2.2), Stripe will begin the process of transferring the funds to the Seller's or Rental Partner's bank account, which is connected to their payout settings on the Service. It can take Stripe anywhere between 5 to 10 business days to transfer the money to the Seller's or Rental Partner's bank account. Moreover, there may be additional days of standard bank processing time before the balance appears in the Seller's or Rental Partner's bank account statement.
10.2.1 - For Sellers
The payout is triggered 14 days after the Order is marked as shipped or upon Buyer confirmation.
Sellers will receive payment for successful Rentals minus any applicable fees.
10.2.2 - For Rental Partners
The payout is triggered 2 days after the end of the Rental Booking Period (i.e., if the booking ends on Monday, the payout is triggered on Wednesday)
Rental Partners will receive payment for successful rentals minus any applicable fees.
11 - Service Costs
For a complete overview of Our Services, including subscription plan options, pricing, and fees, and cancellation policies, please visit our FAQ page.
We reserve the right to modify or waive fees associated with certain parts of the Service. However, you are solely responsible for the following:
-
For Rentals:
- (i) The fee for any Service you order that is not canceled in accordance with our cancellation policy.
- (ii) Any late fees incurred due to late returns ($20 per day), damaged items, or lost items.
- (iii) The non-refundable Deposit if the outfit is not returned or is delayed beyond two days.
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For Purchases:
- (i) The fee for any Service You order that is not canceled in accordance with Our cancellation policy.
- (ii) Any shipping costs You incur as a Buyer or Seller (depending on your agreement with the other party).
- (iii) Any return shipping costs and/or restocking fees You may be responsible for under the Seller's individual return policy. Please refer to the Seller's policy on their listing before checkout.
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Seller Costs
- (i) Sellers are responsible for covering the costs associated with shipping their products to Buyers.
- (ii) The Company or Operator Commission Fee including the payment processing fees.
- (iii) Any Monthly or Annual Subscription plan fees
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Rental Partner Costs
- (i) The Company or Operator Commission Fee including the payment processing fees.
- (ii) Any Monthly or Annual Subscription plan fees
12 - Tax Responsibility
The Seller and Rental Partner are solely responsible for:
- Filing all tax returns related to income generated through this platform, including sale prices, rental booking fees, and other fees paid to them.
- Submitting all payments arising from these transactions to the relevant federal, state, local, or foreign tax authorities.
- Completing these tasks in a timely manner in accordance with all applicable laws and regulations.
13 - Disclaimer of Warranties and Limitation of Liability
13.1 - Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company or Operator and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD (or its equivalent in the Service local currency) if You haven't purchased, hired or availed anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or Operator or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or Operator or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
13.2 - "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor Operator nor any of the company's providers makes any representation or warranty of any kind, express or implied:
- (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
- (ii) that the Service will be uninterrupted or error-free;
- (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
- (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
13.3 - Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator.
The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.
13.4 - Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
14 - Disputes Resolution about the Service
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company or Operator.
14.1 - Dispute Resolution Process
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Initial Communication:
The disputing party should notify the Company support via email, clearly outlining the nature of the dispute, providing relevant documentation or evidence, and specifying their desired resolution.
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Investigation:
The Company will conduct an impartial investigation into the dispute, gathering information from both parties involved and any relevant sources.
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Mediation:
The Company will attempt to mediate a resolution between the parties involved, facilitating communication and negotiation to reach a mutually agreeable solution.
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Decision:
Based on the findings of the investigation and the progress of mediation, the Company will make a final decision to resolve the dispute. This decision is binding and not subject to arbitration or appeals.
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Communication of Decision:
The Company will communicate the decision to both parties involved, outlining any actions or remedies to be implemented. Both parties are expected to adhere to the decision made by the Company.
15 - Intellectual Property of the Service
The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company or Operator and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company or Operator.
16 - Your feedback to Us
You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
The Company or Operator does not accept unsolicited suggestions and/or ideas. Any inquiries, feedback, suggestions, ideas, criticism, or other information provided by a User to the Company or Operator regarding Our Services (collectively referred to as "Submissions") shall be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants the Company or Operator full ownership of the Submission, as if the Company or Operator had created, developed, and posted the Submission for its own purposes, without any obligation to pay royalties or any other form of compensation to the user. The Company or Operator reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell, or assign the Submission in any manner it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing, and displaying any Submission in any form, media, or technology, whether currently known or developed in the future, alone or as part of other works, or using the Submission within or in connection with the Company or Operator products or services. The User acknowledges that Submissions will not be returned, and the Company or Operator may use Submissions, including any ideas, concepts, or know-how contained therein, without payment of money or any other form of consideration, for any purpose, including, but not limited to, developing, manufacturing, distributing, and marketing products.
By making a Submission, You represent and warrant that You own or otherwise control the rights to the Submission. Furthermore, You represent and warrant that the Submission does not contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or mislead the Company or Operator regarding the origin of any Submission. You agree to indemnify the Company or Operator for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
17 - Changes to these Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide notice of such changes on the Service, but we are not obligated to notify users directly. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application or Website and the Service.
You should regularly review these Terms, as Your continued use of the Service after any such changes constitutes Your agreement to such changes.