PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated: October, 2024
TERMS OF USE
LAST REVISED: October 7th, 2024
These Terms of Use (“Terms of Use”) govern your use of the website located at https://www.circularcouture.
BY USING THE SERVICES, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE (AND ANY ADDITIONAL TERMS INCORPORATED HEREIN) AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORISED TO USE ANY OF CIRCULARCOUTURE.COM’S SERVICES.
NOTICE: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO THE WEBSITE OR THE SERVICES, THESE TERMS OF USE OR ANY TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ARBITRATED EXCEPT AS OTHERWISE SET FOTH HEREIN, AND YOU EXPRESSLY WAIVE THE RIGHT TO (1) ASSERT CLAIMS AGAINST US IN COURT; (2) PARTICIPATE IN A REPRESENTATIVE OR CLASS ACTION; AND (3) HAVE A JURY HEAR YOUR CASE. YOU EXPRESSLY CONSENT TO HAVE ALL OF YOUR CLAIMS ARBITRATED ON AN INDIVIDUAL BASIS ONLY. YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA AND WHICH IS INCORPORATED INTO THESE TERMS OF USE, AND YOU CONSENT TO SUCH COLLECTION, USE AND DISCLOSURE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY SERVICES.
For purposes of these Terms of Use, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity’s behalf, and (c) your entity is legally and financially responsible for your use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
These Terms of Use describe your responsibilities, CIRCULARCOUTURE.COM’s liability and the liability of third parties related to the Services. All users of the Services must accept and comply with the terms and conditions set forth herein. Certain portions of the Services may be subject to additional terms and conditions specified by us from time to time. Your use of the Services is subject to those additional terms and conditions. If you have any questions regarding these Terms of Use, please contact us via email at LISA@CIRCULARCOUTURE.COM
These Terms of Use include a release by you of all claims for damage against us that may arise out of your use of the Services. By using any of THE SERVICES, you agree to THESE PROVISIONS.
I. ABOUT THE SERVICES
1. Overview. CIRCULARCOUTURE.
2. Privacy Policy. Our privacy practices in operating the Services are described in our Privacy Policy located at https://www.
Please review the Privacy Policy to learn about: what information we may collect about you; what we use that information for; what third party information, if any, you are agreeing to share by using the Services; and with whom we share that information.
3. Seller Terms and Conditions. Our terms and conditions governing your sale of goods on the Services are described in our Seller Terms and Conditions located at https://www.
4. Return Policy. Our terms and conditions governing your return of goods on the Services are described in our Return Policy located at https://www.
5. Shipping Policy. Our terms and conditions governing your shipping of goods on the Services are described in our Shipping Policy
6. ACCOUNT REGISTRATION
Registration. To register an account on the Services, you must be able to form legally binding contracts (for example, you cannot use the Services if you are under 18 years old or the age of legal majority in your jurisdiction).
You do not need to create an account on the Services (a “User Account”) to use the public features of the Services, however, you do need a User Account to receive new item and discount alerts, use account balances towards purchases of goods, manage and make CIRCULARCOUTURE.COM Reserve Luxury Layaway payments, add items to your product wish list, and manage shipping and tracking information. You may create a User Account by completing the registration process set forth on the Website. You are responsible for providing and maintaining current your accurate contact information, which may include name, email address, shipping address, phone number, payment information, and other account information. Telephone calls and email correspondence with CIRCULARCOUTURE.COM may be recorded or monitored. It is a violation of these Terms of Use to create multiple accounts. Authorized Users. You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account name/number provided by you or CIRCULARCOUTURE.COM for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. CIRCULARCOUTURE.COM has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will cease all use and contact CIRCULARCOUTURE.COMimmediately by emailing us at lisa@CIRCULARCOUTURE.COM.com.
III. TERMS APPLICABLE TO THE SERVICES
License to Use Services. Subject to your compliance with these Terms of Use, CIRCULARCOUTURE.COM hereby grants to you, a personal, nonexclusive, nontransferable, revocable, limited license (without the right to sublicense) to access and use the Services (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely on computers and devices that you own or control, and subject to the limitations set forth below. These Terms of Use are limited to the intellectual property rights of CIRCULARCOUTURE.COM and its affiliates and licensors and do not include any rights to other patents or intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The limited rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any software program.Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App or the Services. WE DO NOT GUARANTEE THAT THE APP OR THE SERVICES CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SERVICE PLAN. WE DO NOT GUARANTEE THAT THE APP OR THE SERVICES WILL BE AVAILABLE IN, OR THAT ORDERS FOR PRODUCTS CAN BE PLACED FROM, ANY PARTICULAR GEOGRAPHIC LOCATION. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). You acknowledge that, when you use the App or the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App or the Services, including your receipt of Push Messages from CIRCULARCOUTURE.COM. YOU ARE SOLELY RESPONSIBLE FOR ANY FEE, COST OR EXPENSE THAT YOU INCUR TO DOWNLOAD, INSTALL AND/OR USE THE APP OR THE SERVICES ON YOUR MOBILE DEVICE, INCLUDING FOR YOUR RECEIPT OF PUSH MESSAGES FROM CIRCULARCOUTURE.COM.
Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and CIRCULARCOUTURE.COM, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and CIRCULARCOUTURE.COM acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and CIRCULARCOUTURE.COM acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, CIRCULARCOUTURE.COM, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the App. You and CIRCULARCOUTURE.COM acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the App, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.Use Restrictions. (a) You agree that: (i) you will not use the Services if you are not fully able and legally competent to agree to these Terms of Use, (ii) you will only use the Services for lawful purposes, (iii) you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct, (iv) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”, (v) you will not use the Services to cause nuisance, annoyance or inconvenience, (vi) you will not impair the proper operation of the network, (vii) you will not try to harm the Services in any way whatsoever, (viii) you will not copy, or distribute the Services or other content without written permission from CIRCULARCOUTURE.COM, (ix) you will only use the Services for your own use and will not resell it to a third party, (x) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services, and (xi) you will provide us with whatever proof of identity we may reasonably request.
(b) You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by CIRCULARCOUTURE.COM. Except as specifically permitted herein or expressly authorized in writing by CIRCULARCOUTURE.COM, you agree that you will not directly or indirectly: (i)distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity, (ii) use the Services in any service bureau arrangement, (iii)copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means, (iv) harvest or scrape any content or data from the Services, or (v) permit any third party to engage in any of the acts described in clauses (i) through (iv).
You further understand and agree that you are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services, (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services), (y) use any means to discover the source code of any portion of the Services, or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of CIRCULARCOUTURE.COM and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that CIRCULARCOUTURE.COM is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services.User Content License Grant. As a condition of your use of the Services, you hereby grant to CIRCULARCOUTURE.COM a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you upload, publish, submit or transmit to be made available through the Services (“Your Content”). By submitting Your Content through the Services, you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights, (b) that Your Content is accurate, and (c) that use of Your Content does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Services by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE OR SERVICES.Third Party Services and Materials. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that CIRCULARCOUTURE.COM is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. CIRCULARCOUTURE.COM does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Third party services and Third Party Materials that may be accessed from, displayed on or linked to from the Services are not available in all languages or in all countries. CIRCULARCOUTURE.COM makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
IV. FEES AND PAYMENTS
Payments. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card, debit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (a) discontinue or limit the available quantity of any product or aspect of the Services and (b) refuse to allow any user to purchase a product or deliver any product to a user.
When you purchase products through the Services, you (a) agree to pay the price for such products set forth in the Services, all shipping and handling charges (if any), and all applicable taxes and customs fees in connection with your purchase (the “Full Purchase Amount”) and (b) authorize CIRCULARCOUTURE.COM to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Payment can be made by credit card, debit card, through PayPal, with existing account balances, or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility.Changes to Products and Pricing. CIRCULARCOUTURE.COM may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Services. The inclusion of any products or services through the Services at a particular time does not imply or warrant that these products will be available at any other time. We reserve the right to change prices for products displayed on the Services, or the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error.Shipment of Products. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website (for example, UPS), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific time.No Delivery to Children. In furtherance of our policy of not collecting personal information from persons under the age of 18, users are not allowed to give CIRCULARCOUTURE.COM the personal information of any persons under the age of 18 for delivery or shipping purposes or any other reason.
V. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
Disclaimer. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR YOUR USE OF THE SERVICES, INCLUDING INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CIRCULARCOUTURE.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. CIRCULARCOUTURE.COM DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (D) DEFECTS IN THE SERVICES WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY CIRCULARCOUTURE.COM OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CIRCULARCOUTURE.COM OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL CIRCULARCOUTURE.COM BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF CIRCULARCOUTURE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. CIRCULARCOUTURE.COM’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU IN CONNECTION WITH EITHER THE PURCHASE OF GOODS VIA THE SERVICES OR FOR USE OR SALE OF GOODS VIA THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.Essential Terms. You agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that CIRCULARCOUTURE.COMwould not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability. You are agreeing to these limitations of liability to induce CIRCULARCOUTURE.COM to grant you the rights set forth in these Terms of Use.Indemnification. By entering into these Terms of Use and using the Services, you agree that you shall defend, indemnify and hold CIRCULARCOUTURE.COM, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation, (b) your violation of any rights of any third party, (c) any unauthorized use of the Services, or (d) your negligence or willful misconduct.
VI. OWNERSHIP
Intellectual Property. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that CIRCULARCOUTURE.COM and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of CIRCULARCOUTURE.COM’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Services, and all software, content, data, information and materials contained therein are the confidential and proprietary information of CIRCULARCOUTURE.COM (or its licensors), and accordingly you agree to (a) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of CIRCULARCOUTURE.COM and (b) only use such information for the purposes of using the Services provided by CIRCULARCOUTURE.COMhereunder.Feedback. Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to CIRCULARCOUTURE.COM by you (collectively “Feedback”) and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by CIRCULARCOUTURE.COM or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of CIRCULARCOUTURE.COM. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of CIRCULARCOUTURE.COM and CIRCULARCOUTURE.COM may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to CIRCULARCOUTURE.COM any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At CIRCULARCOUTURE.COM’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
VII. GOVERNING LAW/DISPUTE RESOLUTION/ARBITRATION
In the event of a dispute, you and CIRCULARCOUTURE.COM agree to try to resolve it informally first. If it’s not resolved 60 days later, we agree to arbitrate the claim, instead of going to court. You may opt-out of arbitration within 30 days of accepting these Terms of Use.
You agree to resolve disputes with CIRCULARCOUTURE.COM through binding arbitration, except as described in this section VII (“Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action, except as described in Section VII(g). You may opt-out of this Arbitration Clause under Section VII(k).COVERED DISPUTES. YOU AND CIRCULARCOUTURE.COM AGREE THAT ANY DISPUTE OR CLAIM BETWEEN YOU AND CIRCULARCOUTURE.COM ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE WEBSITE (A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. A DISPUTE INCLUDES ANY CLAIM OR DISPUTE RELATING TO THE WEBSITE, ACCESS AND USE THEREOF, YOUR ACCOUNT, OR ANY ASPECTS OF YOUR RELATIONSHIP OR TRANSACTIONS WITH CIRCULARCOUTURE.COM. A DISPUTE ALSO INCLUDES ANY CLAIMS OR DISPUTES THAT AROSE FROM OR INVOLVE FACTS THAT OCCURRED BEFORE THE EFFECTIVENESS OF THE AGREEMENT AND CLAIMS THAT MAY ARISE AFTER ITS TERMINATION. FOR CLARITY, NOTHING IN THIS ARBITRATION CLAUSE PREVENTS EITHER PARTY FROM SETTLING ANY DISPUTE(S) ON A CLASS-WIDE, BATCH-WIDE OR OTHER MULTIPARTY BASIS.EXCEPTIONS TO ARBITRATION. THIS ARBITRATION CLAUSE DOES NOT REQUIRE ARBITRATION OF THE FOLLOWING TYPES OF CLAIMS BROUGHT BY EITHER YOU OR CIRCULARCOUTURE.COM: small claims court actions, if the requirements of the court are met and the claims are only on an individual basisclaims relating to intellectual property rights, such as trademarks, trade dress, domain names, trade secrets, copyrights and patents; andclaims for public injunctive relief as allowed and interpreted by applicable lawINFORMAL DISPUTE RESOLUTION FIRST. LIKE YOU, WE WANT TO RESOLVE DISPUTES WITHOUT RESORTING TO ARBITRATION. IF YOU HAVE A DISPUTE WITH US, BEFORE INITIATING ARBITRATION, YOU AGREE TO SEND AN INDIVIDUALIZED REQUEST (“PRE-ARBITRATION DEMAND”) TO [INFO@CIRCULARCOUTURE.COM.COM] SO THAT WE CAN WORK TOGETHER TO RESOLVE THE DISPUTE. This Section VII(c) is a condition precedent to commencing arbitration. The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your dispute; and (iv) your signature.Likewise, if CIRCULARCOUTURE.COM has a Dispute with you, CIRCULARCOUTURE.COM will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your account.If the Dispute is not resolved within sixty (60) calendar days of when either you or CIRCULARCOUTURE.COMsubmitted a Pre-Arbitration Demand, an arbitration can be brought.This Section VII(c) does not apply to claims brought under the exception to arbitration in Section VII(b).If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.ARBITRATION PROCEDURE. IF, AFTER COMPLETING THE INFORMAL PROCESS IN SECTION VII(C), EITHER YOU OR CIRCULARCOUTURE.COM WISHES TO INITIATE ARBITRATION, THE INITIATING PARTY MUST SERVE THE OTHER PARTY WITH A DEMAND FOR ARBITRATION. ANY DEMAND FOR ARBITRATION BY YOU WILL BE SENT TO THE CIRCULARCOUTURE.COM ADDRESS IN SECTION VII(C). CIRCULARCOUTURE.COM WILL SEND ANY ARBITRATION DEMAND TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR CIRCULARCOUTURE.COM ACCOUNT OR TO YOUR COUNSEL, IF ANY. YOU AND CIRCULARCOUTURE.COM AGREE THAT THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THIS ARBITRATION CLAUSE. IF THE FAA CANNOT APPLY, THEN THE STATE LAWS GOVERNING ARBITRATION PROCEDURES WHERE YOU RESIDE APPLY. The arbitration will be administered by the American Arbitration Association (“AAA”) under its operative Commercial Arbitration Rules, including its Mass Arbitration Supplementary Rules, available at https://www.adr.org/Rules. This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a AAA arbitrator will be appointed to resolve that dispute.Arbitration hearings will take place through videoconferencing, unless you and CIRCULARCOUTURE.COM agree upon another location in writing. A single arbitrator will be appointed.The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving CIRCULARCOUTURE.COM and a different individual. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration. However, a court has exclusive authority to rule on the Class Action Waiver in Section VII(f), including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.If a request to proceed in small claims court (see Section VII(b)), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.JURY TRIAL WAIVER. YOU AND CIRCULARCOUTURE.COM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND CIRCULARCOUTURE.COM ARE INSTEAD ELECTING THAT ALL DISPUTES WILL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION CLAUSE, EXCEPT AS SPECIFIED IN SECTION VII(B) ABOVE. COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW. DISCOVERY MAY BE LIMITED IN ARBITRATION, AND PROCEDURES ARE MORE STREAMLINED THAN IN COURT.CLASS ACTION WAIVER. YOU AND CIRCULARCOUTURE.COM AGREE THAT, EXCEPT AS SPECIFIED IN SECTION VII(G) BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. The parties hereby waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final non-appealable decision, that the limitations of this Section VII(f) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and CIRCULARCOUTURE.COM agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in Section VII(d).BATCH PROCEEDINGS. TO INCREASE THE EFFICIENCY OF ADMINISTRATION AND RESOLUTION OF ARBITRATIONS, YOU AND CIRCULARCOUTURE.COM AGREE THAT IF 25 OR MORE SIMILAR ARBITRATION DEMANDS (THOSE ASSERTING THE SAME OR SUBSTANTIALLY SIMILAR FACTS OR CLAIMS, AND SEEKING THE SAME OR SUBSTANTIALLY SIMILAR RELIEF), PRESENTED BY OR WITH THE ASSISTANCE OR COORDINATION OF THE SAME LAW FIRM(S) OR ORGANIZATION(S), ARE FILED WITHIN A ONE HUNDRED AND EIGHTY (180) DAY PERIOD (“MASS FILING”), THE PARTIES AGREE: to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batch Proceedings”) with only one batch filed, processed, and adjudicated at a time;to designate one arbitrator for each batch;to accept applicable fees, including any related fee reduction determined by AAA in its discretion or in accordance with its applicable rules;that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated;that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by CIRCULARCOUTURE.COM and the claimants, will only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; andthat the staged process of batched proceedings, with each set including 25 demands, will continue until each demand (including your demand) is adjudicated or otherwise resolved.Any statutes of limitation, including the requirement to file within one (1) year in Section VII(j) below, will remain tolled while any arbitration demands are held in abeyance. While the Batch Proceedings are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues and seek the same or similar relief. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch Proceeding process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including Section VII(c).To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. CIRCULARCOUTURE.COM will pay the Administrative Arbitrator’s costs.The parties will work in good faith with the arbitrator to complete each Batch Proceeding within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Batch Proceeding process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.This Batch Proceedings provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules, or authorizing class arbitration of any kind. Unless CIRCULARCOUTURE.COM otherwise consents in writing, CIRCULARCOUTURE.COM does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section VII(g).SETTLEMENT. AT LEAST TEN (10) CALENDAR DAYS BEFORE THE DATE SET FOR THE ARBITRATION HEARING, YOU OR CIRCULARCOUTURE.COM MAY SERVE A WRITTEN OFFER OF JUDGMENT UPON THE OTHER PARTY TO ALLOW JUDGMENT ON SPECIFIED TERMS. IF THE OFFER IS ACCEPTED, THE OFFER WITH PROOF OF ACCEPTANCE WILL BE SUBMITTED TO THE ARBITRATION PROVIDER, WHO WILL ENTER JUDGMENT ACCORDINGLY. IF THE OFFER IS NOT ACCEPTED BEFORE THE EARLIER OF THE ARBITRATION HEARING OR THIRTY (30) CALENDAR DAYS AFTER IT IS MADE, IT WILL BE DEEMED WITHDRAWN, AND CANNOT SERVE AS EVIDENCE IN THE ARBITRATION. IF AN OFFER MADE BY ONE PARTY IS NOT ACCEPTED BY THE OTHER PARTY, AND THE OTHER PARTY FAILS TO OBTAIN A MORE FAVORABLE AWARD, THE OTHER PARTY WILL NOT RECOVER THEIR POST-OFFER COSTS AND WILL PAY THE OFFERING PARTY’S COSTS FROM THE TIME OF THE OFFER. The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.ARBITRATION COSTS. EXCEPT AS PROVIDED FOR IN A MASS FILING UNDER SECTION VII(G), YOUR RESPONSIBILITY TO PAY ANY FILING, ADMINISTRATIVE, AND ARBITRATOR COSTS WILL BE SOLELY AS SET FORTH IN THE APPLICABLE ARBITRATION PROVIDER’S RULES.18-MONTH FILING DEADLINE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS, ANY CLAIM OR CAUSE OF ACTION UNDER THIS ARBITRATION CLAUSE (WITH THE EXCEPTION OF DISPUTES UNDER SECTION VII(B)(II) OR (III)) MUST BE FILED WITHIN EIGHTEEN (18) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. OTHERWISE, THAT CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED. THE STATUTE OF LIMITATIONS AND ANY ARBITRATION COST DEADLINES REMAIN TOLLED DURING THE REQUIRED INFORMAL PROCESS UNDER SECTION VII(C) ABOVE.OPT-OUT . YOU MAY REJECT THIS ARBITRATION CLAUSE AND OPT OUT OF ARBITRATION BY SENDING AN EMAIL TO [INFO@CIRCULARCOUTURE.COM.COM] WITHIN THIRTY (30) CALENDAR DAYS OF FIRST ACCEPTING THESE TERMS. IF YOU HAVE AN ACCOUNT, YOUR OPT-OUT NOTICE MUST BE SENT FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. NO ONE MAY OPT-OUT ANOTHER PERSON. YOUR NOTICE TO OPT-OUT MUST INCLUDE YOUR FIRST AND LAST NAME, ADDRESS, THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT (IF YOU HAVE AN ACCOUNT), AND A CLEAR STATEMENT THAT YOU DECLINE THIS ARBITRATION CLAUSE.SEVERABILITY. EXCEPT AS PROVIDED IN SECTION VII(F) ABOVE, IF ANY PROVISION OF THIS ARBITRATION CLAUSE IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THEN THAT PROVISION WILL BE SEVERED. THE REMAINING PROVISIONS WILL STILL APPLY AND WILL BE INTERPRETED TO ACHIEVE THE CLOSEST POSSIBLE INTENT TO THE ORIGINAL INTENT OF THIS SECTION, INCLUSIVE OF THE SEVERED PROVISION.GOVERNING LAW; FORUM. THESE TERMS OF SERVICE ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. SUBJECT TO SECTION VII (DISPUTE RESOLUTION), YOU AND WE AGREE TO ONLY BRING DISPUTES AND ANY OTHER LEGAL PROCEEDING IN THE STATE AND FEDERAL COURTS LOCATED IN SAN DIEGO, CALIFORNIA. YOU AND WE CONSENT TO THE JURISDICTION OF THOSE COURTS. YOU AND WE AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT APPLY TO PRODUCTS OR THE INTERPRETATION OR CONSTRUCTION OF THESE TERMS OF SERVICE.
VIII. GIFT CARDS
Generally. You may purchase one or more gift cards (each a “Gift Card”) via the Services on CIRCULARCOUTURE.
Gift Cards cannot be used to purchase other Gift Cards, reloaded, resold, used for payment outside of the Services, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law).No Expiration; No Dormancy Fee. Gift Cards do not expire, and CIRCULARCOUTURE.COM will not assess a service fee or dormancy fee with respect to a Gift Card.Risk of Loss. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. Gift Cards must be obtained from CIRCULARCOUTURE.COM, and you are responsible for safeguarding your Gift Card from unauthorized use. Gift Cards that are lost, stolen, destroyed, or used without your permission are not replaceable.Compliance with Laws; Fraud. By purchasing a Gift Card, you represent and warrant to CIRCULARCOUTURE.COM that use of the Gift Card will comply with these Terms of Use and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. CIRCULARCOUTURE.COM may request alternative forms of payment if we believe a Gift Card has been fraudulently obtained.
IX. COPYRIGHT INFRINGEMENT NOTIFICATION AND PROCEDURE
CIRCULARCOUTURE.COM respects the rights of others and we expect users of our website to do the same. These Terms of Use prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access of, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.:If you believe that this website contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures.:All notifications of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Note that the Designated Agent may change from time to time, so you should check these Terms of Service before sending any notification to us. Written notification must be submitted by email or mail to the following Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement:CIRCULARCOUTURE.
X. GENERAL PROVISIONS
Modifications. We may modify these Terms of Use at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of these Terms of Use. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the Website. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, then please do not access or use the Services.Termination. If you breach any of the terms of these Terms of Use, all licenses granted by CIRCULARCOUTURE.COM, including permission to use the Services, will terminate automatically. Additionally, CIRCULARCOUTURE.COM may suspend, disable, or delete your User Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If CIRCULARCOUTURE.COM deletes your User Account for any suspected breach of these Terms of Use by you, you are prohibited from re-registering for the Services under a different name. In the event of User Account deletion for any reason, CIRCULARCOUTURE.COM may, but is not obligated to, delete any of Your Content. CIRCULARCOUTURE.COM shall not be responsible for the deletion of (or failure to delete) Your Content. All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by CIRCULARCOUTURE.COM or you. Termination will not limit any of CIRCULARCOUTURE.COM’s other rights or remedies at law or in equity.Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by CIRCULARCOUTURE.COM hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.U.S. Government Restricted Rights. The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms of Use by any authority.Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to CIRCULARCOUTURE.COM for which monetary damages would not be an adequate remedy and CIRCULARCOUTURE.COM shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.Miscellaneous. These Terms of Use will insure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Use and the licenses granted hereunder may be assigned by CIRCULARCOUTURE.COM but may not be assigned by you without the prior express written consent of CIRCULARCOUTURE.COM. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Use due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Use but are for convenience only. You and CIRCULARCOUTURE.COM agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use. Your use of the Services may also be subject to other local, state, national, or international laws.
These Terms of Use sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
If you are using the Site or Services and you reside in Australia, you are contracting with CircularCouture.com Group Pty Ltd. CircularCouture.com Group Pty Limited is hereinafter referred to as "CircularCouture.com", "we", "us", or "our".
CircularCouture.com Group Pty Limited (hereafter referred to as "CircularCouture.com", "we", "us", or "our") provides an digital platform that connects Lenders who have fashion items to rent with Borrowers seeking to rent such fashion items (collectively, the “Services”), which Services are accessible at [www.CircularCouture.com] and any other websites through which CircularCouture.com makes the Services available (collectively, the “Site”). By using the Site you agree to comply with and be legally bound by the terms and conditions of these Terms & Conditions ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and CircularCouture.com. Please also read carefully our Privacy Policy at [www.CircularCouture.com]. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the in accordance with these Terms may subject you to civil and criminal penalties.
Key Terms
“CircularCouture.com Content” means all Content that CircularCouture.com makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
“Rental Request Period” means the time period starting from the time when a rental is requested by a Borrower (as determined by CircularCouture.com in its sole discretion), within which a Lender may decide whether to confirm or reject that rental request, as stated on the Site or Services.
“Collective Content” means Member Content and CircularCouture.com Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Courier Services” means the integrated third party door-to-door courier service provided through CircularCouture.com.
“Borrower” means a Member who requests from a Lender a rental of a fashion item via the Site or Services.
“Lender” means a Member who creates a Listing via the Site.
“Listing” means a fashion item that is listed by a Lender as available for rental via the Site or Services.
“Member” means a person who completes CircularCouture.com’s account registration process, including but not limited to Lenders and Borrowers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), that Lenders may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LENDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR FASHION ITEMS AND BORROWERS (DEFINED BELOW) MAY LEARN ABOUT AND RENT DIRECTLY FROM THE LENDERS. YOU UNDERSTAND AND AGREE THAT CIRCULARCOUTURE.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LENDERS AND BORROWERS, NOR IS CIRCULARCOUTURE.COM A FASHION BROKER, AGENT OR INSURER. CIRCULARCOUTURE.COM HAS NO CONTROL OVER THE CONDUCT OF LENDERS, BORROWERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY FASHION ITEMS,AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Late Fees
All users must comply with a standardised Late Fee Policy that CircularCouture.com will enforce to protect both Borrower and Lender alike. CircularCouture.com relies on both Lenders and Borrowers sending and returning items in a timely manner.
If an item is returned late an additional $25 per day (subject to service fees) will be charged for each day the item is not returned. Borrowers agree to this policy every time they request a booking. Late fees will be capped at 4 weeks or up to the RRP whichever is larger unless otherwise determined by CircularCouture.com in their sole discretion.
CircularCouture.com also reserves the right to charge the credit card on file in your CircularCouture.com Account, or otherwise collect payment from you and pursue any avenues available to CircularCouture.com in this regard, in situations in which you have been determined, in CircularCouture.com’s sole discretion, to have returned items late. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for the additional hire period to the applicable Lender or to CircularCouture.com (if applicable). Unpaid invoices will be passed on to a debt-collection service with collection costs recoverable.
To submit a late fee charge request, lenders must provide the return tracking information for the order. CircularCouture.com has up to 60 days to retrieve the owed amount. Please note that while CircularCouture.com will work in every way possible to make sure these reimbursements are received, we are not liable for the payment of these. In case only a partial of the total amount is retrieved, whatever amount was collected will be transferred to the lender after 60 days and the case will be closed.
Calculation of late fees starts from the end date of the hire until the exact date the item was dropped off in a post box / post office. A Borrower will not be liable for late fees if the delay on the return is outside their control, such as unexpected delays by Australia Post.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.Embedded content from other websites
Modification
CircularCouture.com reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
How the Site and Services Work
The Site and Services can be used to facilitate the listing and renting of fashion items (“Item”). Such Items are included in Listings on the Site and Services by Lenders. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book an Item or create a Listing, you must first register to create a CircularCouture.com Account (defined below).
As stated above, CircularCouture.com makes available an online platform or marketplace with related technology for Lenders and Borrowers to meet online and arrange for the rental of Items directly with each other. CircularCouture.com is not an owner or dealer of fashion items, including, but not limited to, dresses, shoes, bags or accessories, nor is it a provider of fashion items, including, but not limited to, dresses, shoes, bags or accessories and CircularCouture.com does not own, sell, resell, provide, rent, re-rent, manage and/or control fashion items, including, but not limited to, dresses, shoes, bags or Items or postal, courier or other delivery services. CircularCouture.com has engaged the service of a courier company on behalf of its members. However, CircularCouture.com does not provide these Courier Services and accepts no liability for any damage caused in any way through or by the Courier Service. It is a condition of every transaction that is entered into on the Site that the Courier Service will be used to deliver the Item to the Borrower and return the Item to the Lender. If a User does not wish to use the Courier Service, the User is breaching a term of this Agreement and must not use the Site or Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE LENDERS AND BORROWERS CONNECTING AND RENTING ITEMS DIRECTLY WITH EACH OTHER. CIRCULARCOUTURE.COM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ITEMS. CIRCULARCOUTURE.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ITEMS. ACCORDINGLY, ANY RENTALS WILL BE MADE AT THE MEMBER’S OWN RISK.
Account Registration
In order to access certain features of the Site and rent an Item or create a Listing, you must register to create an account (“CircularCouture.com Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Instagram, Facebook, Twitter; each such account, a “Third-Party Account”), via our Site, as described below. As part of the functionality of the Site and Services, you may link your CircularCouture.com Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to CircularCouture.com through the Site or Services; or (ii) allowing CircularCouture.com to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to CircularCouture.com and/or grant CircularCouture.com access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating CircularCouture.com to pay any fees or making CircularCouture.com subject to any usage limitations imposed by such third-party service providers. By granting CircularCouture.com access to any Third-Party Accounts, you understand that CircularCouture.com will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site and Services via you’re CircularCouture.com Account and CircularCouture.com Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your CircularCouture.com Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or CircularCouture.com’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your CircularCouture.com Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. CircularCouture.com makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and CircularCouture.com is not responsible for any SNS Content.
We will create your CircularCouture.com Account and your CircularCouture.com Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active CircularCouture.com Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. CircularCouture.com reserves the right to suspend or terminate your CircularCouture.com Account and your access to the Site and Services if you create more than one (1) CircularCouture.com Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your CircularCouture.com Account, whether or not you have authorized such activities or actions. You will immediately notify CircularCouture.com of any unauthorized use of your CircularCouture.com Account.
Item Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Item to be listed, including, but not limited to, your location, designer, size, occasion, colour, recommended retail price, any existing defects, description and availability of the Item and rental pricing and related rules (for instance dry cleaning responsibility) and financial terms. Listings will be made publicly available via the Site and Services. Other Members will be able to rent your Items via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Borrower requests a rental of your Item, you may not request the Borrower to pay a higher price than in the rental request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the rental of an Item in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Item included in a Listing you post, and (b) not conflict with the rights of third parties. Please note that CircularCouture.com assumes no responsibility for a Lender’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. CircularCouture.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that CircularCouture.com, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or CircularCouture.com’s then-current Policies (at www.CircularCouture.com), or otherwise harmful to the Site or Services.
If you are a Lender, you understand and agree that CircularCouture.com does not act as an insurer or as your contracting agent. If a Borrower requests a rental of your Item and rents your Item, any agreement you enter into with such Borrower is between you and the Borrower and CircularCouture.com is not a party thereto. Notwithstanding the foregoing, CircularCouture.com serves as the limited authorized payment collection agent of the Lender for the purpose of accepting, on behalf of the Lender, payments from Borrowers of such amounts stipulated by the Lender.
If you are a Lender, CircularCouture.com makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for renting your Items. You acknowledge and agree that, as a Lender, you are responsible for your own acts and omissions. Please see Lender Tips (at www.CircularCouture.com) for further information.
CircularCouture.com recommends that Lenders obtain appropriate insurance for their Items. Please review any insurance policy that you may have for your Items carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Borrowers while renting your Items.CircularCouture.com offers optional insurance for Lenders in defined circumstances. Please see ‘CircularCouture.com Lender Insurance’ section below.
CircularCouture.com may at their own discretion have Members’ Items verified by a representative of CircularCouture.com and this verification will be made available to you to include in your Listing with a watermark or tag bearing the words “CircularCouture.com Verified” or similar wording (“Verified Images”).
Lenders are responsible for the dry cleaning of their item before each hire.
CircularCouture.com may accept lenders to list handbags through an application process, whereby lenders will be verified, at CircularCouture.com's discretion. Shoes and jewellery are not permitted, any such listings will be removed. Other accessories may be listed, however CircularCouture.com reserves the right to remove these at any time.
No Endorsement
CircularCouture.com does not endorse any Member or any Item. You understand that Verified Images are intended only to indicate a photographic representation and description of the Item at the time the CircularCouture.com representative sights the Item. Verified Images are therefore not an endorsement by CircularCouture.com of any Member or any Item. Members are required by these Terms to provide accurate information, and although CircularCouture.com may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by CircularCouture.com about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to rent an Item or to accept a rental request from a Borrower, or to have any other interaction with any other Member.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from CircularCouture.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any rentals or Listings made by you. This limitation shall not apply to any claim by a Lender against CircularCouture.com regarding the remittance of payments received from a Borrower by CircularCouture.com on behalf of a Lender, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Courier Services
CircularCouture.com provides Members access to an integrated third party door-to-door courier service. Note that all transactions are subject to a shipment contract. This means that the risk of loss and title for such items passes between the Lender and the Borrower. CircularCouture.com is not a party to such shipment contract. CircularCouture.com disclaims any loss or liability whatsoever arising from the user any such Courier Services.
Courier Fees are based on the size of the package selected by the Lender. If it is deemed by CircularCouture.com, in its absolute discretion, that the package does not comply with the dimensions selected, CircularCouture.com is entitled to claim additional fees from the Member. For the avoidance of doubt, these additional fees may include any additional amounts that would have been payable by the Borrower if the Lender uses the incorrect packaging size.
It is the lenders responsibility to include a labelled return satchel for each order. If a satchel is not included, the cost will be deducted from the lenders account.
Lost / Unreturned Items Claim
If you have attempted to contact the Borrower regarding the return of your item but have not received a reply for 48hours, please contact our Support Team at SUPPORT@CIRCULARCOUTURE.COMfor assistance.
Items are deemed lost or stolen if unreturned one month after the end date of the hire. Please note that CircularCouture.com does not take responsibility for loss or damage of items rented out through the platform. CircularCouture.com simply provides an online marketplace for lenders and Borrowers to connect. Although CircularCouture.com will work in every way possible to make sure these reimbursements are received, we are not liable for the payment of these.
To process the claim, lenders must provide supporting documents. This includes, but are not limited to a copy of a police report (for stolen items), Statutory Declaration, and proof of original purchase (receipt or bank statement) of the lost item. If the item was purchased second hand on a marketplace, proof of payment (bank transfer receipt, PayPal, etc.) must be provided.
CircularCouture.com has up to 90 days to resolve each claim. Within this period, Borrowers and lenders agree to cooperate with and assist CircularCouture.com in good faith, and to provide CircularCouture.com with such information and take such actions as may be reasonably requested by CircularCouture.com.
If an item is confirmed delivered and is stolen on the property the Borrower agrees to make necessary steps to assist in the attempt to recover the item including filling a police report. If the Borrower is located in a high-theft area or busy street, they must make the lender aware of this and ask for signature upon delivery right after submitting the order. The Borrower shall be liable for the replacement of the stolen item if is confirmed delivered on their property.
CircularCouture.com Lender Insurance
CircularCouture.com provides Lenders who always adhere to these Terms with an option to purchase low cost insurance for loss of Items, excluding bags for up to $500 or half the recommended retail price (whichever is lower). In order to access CircularCouture.com Lender Insurance, Lenders must list an accurate and verifiable recommended retail price and have complied with these terms at all times. Any evidence that implies, at CircularCouture.com’s full discretion, that the Lender has not complied (or attempted to not comply) with any of these Terms at any time or for any transaction, including transacting outside of CircularCouture.com platform will mean the said Lender is unable to access CircularCouture.com Lender Insurance. If the Lender has complied with these terms at all times since becoming a User, CircularCouture.com will first attempt to recover the costs from the particular Borrower through any number of means, including through its secure payment gateway (Stripe), charging the Borrower’s credit card or contacting the Borrower directly. CircularCouture.com reserves the right to attempt to recover from the Borrower for up to 90 days before paying out any claim under this policy. If you are a Lender who has business insurance, you are obliged to attempt to recover your loss from your own insurer before making a claim for CircularCouture.com Lender Insurance. Where a Lender has a business insurance policy, the Lender must provide CircularCouture.com evidence that their claim has been unsuccessful. For the avoidance of doubt, CircularCouture.com Lender Insurance does not apply where an item has been damaged by the relevant Borrower or during shipping.
If an Item is lost in transit by a shipping provider including Australia Post or any other shipping provider, CircularCouture.com Lender Insurance does not apply and the Lender must make a claim to the relevant shipping provider.
CircularCouture.com has up to 90 days to resolve each claim. Within this period, Borrowers and lenders agree to cooperate with and assist CircularCouture.com in good faith, and to provide CircularCouture.com with such information and take such actions as may be reasonably requested by CircularCouture.com.
CircularCouture.com Lender Insurance
If your item has been returned damaged, CircularCouture.com will work with you to have you reimbursed for the cost of either repair or replacement. We always recommend that you take pictures of your items before each hire, so you have an accurate record of when damage was sustained. Please note that CircularCouture.com does not take responsibility for loss or damage of items rented out through the platform. CircularCouture.com simply provides an online marketplace for lenders and Borrowers to connect. Although CircularCouture.com will work in every way possible to make sure these reimbursements are received, we are not liable for the payment of these. The lender needs to report damage to SUPPORT@CIRCULARCOUTURE.COM within 24 hours after receipt of the dress.
Lenders are required to provide supporting documents for damaged item claims within 30 days.
CircularCouture.com has up to 90 days to resolve each claim. Within this period, Borrowers and lenders agree to cooperate with and assist CircularCouture.com in good faith, and to provide CircularCouture.com with such information and take such actions as may be reasonably requested by CircularCouture.com. This includes, but not limited to photographs, quotations / official letter of assessment from a registered repair or cleaning service, and proof of original purchase (receipt or bank statement) of the damaged item. If the item was purchased second hand on a marketplace, proof of payment (bank transfer receipt, PayPal, etc.) must be provided.
Lenders are required to provide the damaged dress to their Borrower if they have paid the cost of a replacement dress.
Rental and Financial Terms
Key definitions
“Rental Fees” means the amounts that are due and payable by a Borrower in exchange for that Borrower’s use of an Item. The Lender alone, and not CircularCouture.com, determines these amounts. The Lender may in his or her sole discretion decide to include in these amounts (i) a dry cleaning fee or any other fee permitted on CircularCouture.com platform.
“Borrower Fees” means the fee that CircularCouture.com charges a Borrower for the use of its online platform, which is calculated as 12% of the applicable Rental Fees. The Borrower Fees will be displayed to the Borrower when the Borrower is asked whether to send a rental request to a Lender.
“Purchaser Fees” means the fee that CircularCouture.com charges a Purchaser for the use of its online platform, which is calculated as 12% of the applicable Purchase Fees. The Purchaser Fees will be displayed to the Purchaser when the Purchaser is asked whether to send a purchase request to a Lender.
“Courier Fees” means the fee the Borrower and/or Lender pays for use of the Courier Services. These fees are based on capacity. For more information please see [www.CircularCouture.com]. If a package is larger than what you elected initially you will be charged for the additional amounts incurred by CircularCouture.com.
“Lender Fees” means the fee that CircularCouture.com charges a Lender for the use of its online platform, which is calculated as 16.5% of the applicable Rental Fees.
“Service Fees” means collectively the Borrower Fees and the Lender Fees.
“Total Fees” means collectively the Rental Fees, Borrower Fees and Courier Fees.
Rentals and Financial Terms for Lender
If you are a Lender and a rental is requested for your Item via the Site, Application and Services, you will be required to either confirm or reject the rental request within the Rental Request Period, otherwise the rental request may be automatically cancelled. If you are unable to confirm or decide to reject a rental request within the Rental Request Period, any amounts (if any) collected by CircularCouture.com for the requested rental will be refunded to the applicable Borrower’s credit card and any pre-authorisation of such credit card (if any) will be released.
If you owe or agree to pay any amount to CircularCouture.com (whether as a result of your CircularCouture.com or actions as a Borrower or otherwise), then CircularCouture.com may (but is not obliged to) withhold the amount owing to CircularCouture.com from any payout amounts due to you as a Lender, and use the withheld amount to set-off the amount owed by you to CircularCouture.com. If CircularCouture.com does so, then your obligation to pay CircularCouture.com will be extinguished to the extent of the amount withheld by CircularCouture.com, and CircularCouture.com will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of CircularCouture.com as Limited Payment Collection Agent for Lender
Each Lender hereby appoints CircularCouture.com as the Lender’s limited payment collection agent solely for the purpose of accepting the Rental Fees from Borrowers.
Each Lender agrees that payment made by a Borrower through CircularCouture.com shall be considered the same as a payment made directly to the Lender, and the Lender will make the Item available to the Borrower in the agreed-upon manner as if the Lender has received the Rental Fees. Each Lender agrees that CircularCouture.com may, in accordance with the cancellation policy selected by the Lender and reflected in the relevant Listing, (i) permit the Borrower to cancel the rental and (ii) refund to the Borrower that portion of the Rental Fees specified in the applicable cancellation policy. Each Lender understands that as CircularCouture.com accepts payments from Borrowers as the Lender’s limited payment collection agent, CircularCouture.com’s obligation to pay the Lender is subject to and conditional upon CircularCouture.com successfully receiving the payments from Borrowers. CircularCouture.com does not guarantee payments to Lenders for amounts that have not been successfully received from Borrowers. In accepting appointment as the limited authorised agent of the Lender, CircularCouture.com assumes no liability for any acts or omissions of the Lender.
Please note that CircularCouture.com does not currently charge fees for the creation of Listings. However, you as a Lender acknowledge and agree that CircularCouture.com reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that CircularCouture.com will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Rental and Financial Terms for Borrowers
The Lenders, not CircularCouture.com, are solely responsible for honouring any confirmed rentals and making available any Items reserved through the Site, Application and Services. If you, as a Borrower, choose to enter into a transaction with a Lender for the rental of an Item, you agree and understand that you will be required to enter into an agreement with the Lender and you agree to accept any terms, conditions, rules and restrictions associated with such Item imposed by the Lender. You acknowledge and agree that you, and not CircularCouture.com, will be responsible for performing the obligations of any such agreements, that CircularCouture.com is not a party to such agreements, and that, with the exception of its payment obligations hereunder, CircularCouture.com disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that CircularCouture.com is not a party to the agreement between you and the Lender, CircularCouture.com acts as the Lender’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Lender. Upon your payment of the Total Fees to CircularCouture.com, your payment obligation to the Lender for the Item Fees is extinguished, and CircularCouture.com is responsible for remitting the Item Fees (less CircularCouture.com’s Lender Fees and relevant Courier Fee), in the manner described in these Terms. In the event that CircularCouture.com does not remit any such amounts as described in these Terms, such Lender will have recourse only against CircularCouture.com.
The Total Fees payable will be displayed to a Borrower before the Borrower sends a rental request to a Lender. As noted above, the Lender is required to either confirm or reject the rental request within the Rental Request Period, otherwise the requested rental will be automatically cancelled. If a requested rental is cancelled (i.e. not confirmed by the applicable Lender), any amounts collected by CircularCouture.com will be refunded to such Borrower, depending on the selections the Borrower makes via the Site and Application, and any pre-authorisation of such Borrower’s credit card will be released, if applicable.
You as a Borrower agree to pay CircularCouture.com for the Total Fees for any rental requested in connection with your CircularCouture.com Account if such requested rentals are confirmed by the applicable Lender. In order to establish a rental pending the applicable Lender’s confirmation of your requested rental, you understand and agree that CircularCouture.com, on behalf of the Lender, reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once CircularCouture.com receives confirmation of your rental from the applicable Lender, CircularCouture.com will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that CircularCouture.com cannot control any fees that may be charged to a Borrower by his or her bank related to CircularCouture.com’s collection of the Total Fees, and CircularCouture.com disclaims all liability in this regard.
In connection with your requested rental, you will be asked to provide customary billing information such as name, billing address and credit card information either to CircularCouture.com or its third-party payment processor. You agree to pay CircularCouture.com for any confirmed rentals made in connection with your CircularCouture.com Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the rental, either directly by CircularCouture.com or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize CircularCouture.com to charge your credit card in the event of damage caused to an Item as contemplated under “Damage to Items” below or non-return of an Item. If you are directed to CircularCouture.com’s third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed rental transaction is complete you will receive a confirmation email summarizing your confirmed rental.
Service Fees
In consideration for the use of CircularCouture.com’s online marketplace and platform, CircularCouture.com charges the Service Fees. Where applicable, Taxes (such as VAT in Europe or GST in Australia) may also be charged in respect of the Lender Fees and Borrower Fees. CircularCouture.com deducts the Lender Fees from the Rental Fees before remitting the balance to the Lender as described in these Terms. Borrower Fees are, as noted above, included in the Total Fees.
Balances will be remitted by CircularCouture.com to Lenders via (in CircularCouture.com’s sole discretion) payment methods described on the Site or via the Application, depending upon the selections the Lender makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
More information on Services Fees can be found at [www.CircularCouture.com]. Except as otherwise provided herein, Service Fees are non-refundable.
General Rental and Financial Terms
Cancellations and Refunds
We understand that plans can change, so you are able to cancel your hire if it is more than 14 days prior to the rental start date, with a full refund less 12% hire fee automatically returned to you. If your request to cancel falls inside the 14 days before your hire period, you must liaise with your lender directly to have the cancellation and refund approved. Our ability to refund the Rental Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site. The Borrower Fee is non-refundable regardless of the cancellation policy selected by the Lender. Please see our Cancellation Policy at [www.CircularCouture.com] for further information.
If a Lender cancels a confirmed rental made via the Site, (i) CircularCouture.com will refund the Total Fees for such rental to the applicable Borrower within a commercially reasonable time of the cancellation and (ii) the Borrower may receive an email or other communication from CircularCouture.com containing alternative Listings and other related information. If the Borrower requests a rental from one of the alternative Listings and the Lender associated with such alternative Listing confirms the Borrower’s requested rental, then the Borrower agrees to pay CircularCouture.com the Total Fees relating to the confirmed rental for the Item in the alternative Listing, in accordance with these Terms. If a Lender cancelled a confirmed rental and you, as a Borrower, have not received an email or other communication from CircularCouture.com, please contact CircularCouture.com at [www.CircularCouture.com].
If, as a Lender, you cancel a confirmed rental, CircularCouture.com may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled rental, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, CircularCouture.com may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed rental made via the Site and Services. This may be for reasons set forth in CircularCouture.com’s Extenuating Circumstances Policy at [www.CircularCouture.com] or for any other reason. CircularCouture.com may also determine, in its sole discretion, to refund to the Borrower part or all of the amounts charged to the Borrower in accordance with the Borrower Refund Policy at [www.CircularCouture.com]. You agree that CircularCouture.com and the relevant Borrower or Lender will not have any liability for such cancellations or refunds.
Borrower Refunds
Items on CircularCouture.com platform should be consistent with the description provided by the Lender. If a Borrower who books and pays for an Item and then experiences a ‘Renting Issue’, the Borrower may be eligible for a refund.
CircularCouture.com may (at our discretion) provide the Borrower with either a full or partial refund excluding any shipping costs, administration fees and processing fees.
A valid 'Renting Issue' generally falls into four categories:
- The Lender cancels a reservation 24 hours or less before the scheduled arrival of the Item, or fails to provide the Borrower with the Item.
- The description of the Item in the Listing on CircularCouture.com is materially different from the actual Item. CircularCouture.com reminds Borrowers that Items are potentially pre-worn and are not rented on an as-new basis. Some minor wear and tear may not be listed in the description but can not be used as a basis to provide a refund under this policy.
- At the start of the Borrower’s reservation, the Item: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Borrower’s use of the Item in CircularCouture.com’s judgment.
- Item is delivered late and did not arrive in time for the Borrower to use for their intended date. In this instance, the Borrower must post the dress back to the lender by the next business day after receipt and must be returned unworn, otherwise the refund will be forfeited.
To submit a valid claim for a refund, a Borrower is required (a) to bring the Renting Issue to our attention within 2 hours after receipt of the item (including photographs or other evidence) and respond to our requests for information or cooperation, (b) not have directly or indirectly caused the Renting Issue and (c) to have used reasonable efforts to try to remedy the circumstances of the Renting Issue with the Lender prior to making a claim for a Renting Issue.
Rounding Off
CircularCouture.com may, in its sole discretion, round up or round down amounts that are payable from or to Borrowers or Lenders to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, CircularCouture.com will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, CircularCouture.com may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for CircularCouture.com to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Donations
Some Lenders may pledge to donate a portion of the funds they receive from confirmed rentals made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Lender does in fact make the donation he or she pledged to make. In such cases, the Lender in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Taxes
You as a Lender understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. CircularCouture.com cannot and does not offer Tax-related advice to any Members.
Damage to Items and Failure to Return Items
As a Borrower, you are responsible for returning the Item in the condition it was in when you received it. You acknowledge and agree that, as a Borrower, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you allow to access the Item. In the event that a Lender claims otherwise and may provide evidence of damage or non-return, including but not limited to photographs, you agree to pay the Lender the Recommended Retail Price as contained in the relevant Listing or the relevant repair costs if applicable. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your CircularCouture.com Account. CircularCouture.com also reserves the right to charge the credit card on file in your CircularCouture.com Account, or otherwise collect payment from you and pursue any avenues available to CircularCouture.com in this regard, in situations in which you have been determined, in CircularCouture.com’s sole discretion, to have damaged any Item, or failed to return any Item, including, but not limited to, in relation to any payments made by CircularCouture.com to Lenders. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Item to the applicable Lender or to CircularCouture.com (if applicable). As a Lender you agree to advise CircularCouture.com and your Borrower of any claimed damage within 24 hours of receipt of the return including photographs.
Both Borrowers and Lenders agree to cooperate with and assist CircularCouture.com in good faith, and to provide CircularCouture.com with such information and take such actions as may be reasonably requested by CircularCouture.com, in connection with any complaints or claims made by Members relating to Items or with respect to any investigation undertaken by CircularCouture.com or a representative of CircularCouture.com regarding use or abuse of the Site or the Services. CircularCouture.com has up to 90 days to resolve each claim.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
- use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;
- use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use offensive, abusive or discriminatory language towards other users of staff of CircularCouture.com on email, phone, in person, on social media or generally. CircularCouture.com reserves the right to cease assistance if this term is not adhered to;
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to rental of your Items;
- "stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an CircularCouture.com Borrower or Lender;
- offer, as a Lender, any Item that you do not yourself own or have permission to rent;
- register for more than one CircularCouture.com Account or register for an CircularCouture.com Account on behalf of an individual other than yourself;
- unless CircularCouture.com explicitly permits otherwise, request or rent any Item if you will not actually be using the Item yourself;
- contact a Lender for any purpose other than asking a question related to a rental, such Lender’s Items or Listings;
- contact a Borrower for any purpose other than asking a question related to a rental or such Borrower’s use of the Site and Services;
- recruit or otherwise solicit any Lender or other Member to join third-party services or websites that are competitive to CircularCouture.com, without CircularCouture.com’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
- use the Site, Services or Collective Content to find a Lender or Borrower and then complete a rental of an Item independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to CircularCouture.com’s provision of the Services or for any other reasons;
- as a Lender, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, CircularCouture.com’s name, any CircularCouture.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without CircularCouture.com’s express written consent;
- access, tamper with, or use non-public areas of the Site or Services, CircularCouture.com’s computer systems, or the technical delivery systems of CircularCouture.com’s providers;
- attempt to probe, scan, or test the vulnerability of any CircularCouture.com system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CircularCouture.com or any of CircularCouture.com’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
CircularCouture.com has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
CircularCouture.com may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against CircularCouture.com or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of CircularCouture.com, its users, or members of the public . You acknowledge that CircularCouture.com has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. CircularCouture.com reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CircularCouture.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Privacy
See CircularCouture.com’s Privacy Policy at [www.CircularCouture.com]for information and notices concerning CircularCouture.com’s collection and use of your personal information.
Ownership
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the Australia, foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of CircularCouture.com and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
CircularCouture.com Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, CircularCouture.com grants you a limited, non-exclusive, non-transferable license, to (i) access and view any CircularCouture.com Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CircularCouture.com or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to CircularCouture.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, and Services. CircularCouture.com does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to CircularCouture.com the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or CircularCouture.com’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that CircularCouture.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CircularCouture.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of CircularCouture.com used herein are trademarks or registered trademarks of CircularCouture.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us. You acknowledge and agree that all Feedback will be the sole and exclusive property of CircularCouture.com and you hereby irrevocably assign to CircularCouture.com and agree to irrevocably assign to CircularCouture.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At CircularCouture.com’s request and expense, you will execute documents and take such further acts as CircularCouture.com may reasonably request to assist CircularCouture.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Policy
CircularCouture.com respects copyright law and expects its users to do the same. It is CircularCouture.com’s policy to terminate in appropriate circumstances the CircularCouture.com Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and CircularCouture.com Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your CircularCouture.com Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your CircularCouture.com Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your CircularCouture.com Account, your Member Content, or receive assistance from CircularCouture.com Customer Service, (b) any pending or accepted future rentals as either Lender or Borrower will be immediately terminated, (c) we may communicate to your Borrowers or Lenders that a potential or confirmed rental has been cancelled, (d) we may refund your Borrowers in full for any and all confirmed transactions, irrespective of pre-existing cancellation policies, (e) we may contact your Borrowers to inform them about potential alternate Items with other Lenders that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for any rentals (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your CircularCouture.com Account. You may cancel your CircularCouture.com Account at any time via the “Cancel Account” feature of the Services or by sending an email. Please note that if your CircularCouture.com Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
Disclaimers
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CIRCULARCOUTURE.COM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, BORROWERS AND LENDERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CIRCULARCOUTURE.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CIRCULARCOUTURE.COM MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ITEMS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CIRCULARCOUTURE.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ITEMS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CIRCULARCOUTURE.COM OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LENDERS OR BORROWERS. YOU UNDERSTAND THAT CIRCULARCOUTURE.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VERIFY ITEMS. CIRCULARCOUTURE.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, BORROWERS AND LENDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY OR THROUGH CIRCULARCOUTURE.COM. NOTWITHSTANDING CIRCULARCOUTURE.COM’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE LENDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM BORROWERS ON BEHALF OF THE LENDERS, CIRCULARCOUTURE.COM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY BORROWER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR RENTAL OF ANY ITEMS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF CIRCULARCOUTURE.COM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER CIRCULARCOUTURE.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR RENTAL OF ANY ITEM VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CIRCULARCOUTURE.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE LENDERS PURSUANT TO THESE TERMS, IN NO EVENT WILL CIRCULARCOUTURE.COM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR RENTAL OF ANY ITEM VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ITEM OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR RENTALS VIA THE SITE AND SERVICES AS A BORROWER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LENDER, THE AMOUNTS PAID BY CIRCULARCOUTURE.COM TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED AUSTRALIAN DOLLARS (AU$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CIRCULARCOUTURE.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to release, defend, indemnify, and hold CircularCouture.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) rental of an Item, or (iii) creation of a Listing; (d) the use, condition or rental of an Item by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, rental or use of an Item.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between CircularCouture.com and you regarding the Site, Services, Collective Content, and any rentals or Listings of Items made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CircularCouture.com and you regarding rentals or listings of Items, the Site, Services and Collective Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without CircularCouture.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CircularCouture.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CircularCouture.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Australia. Any disputes arising in relation to these Terms will be heard in a Court of Western Australia.
Dispute Resolution
You and CircularCouture.com agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
If a dispute arises between you and CircularCouture.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes – This Agreement will be governed in all respects by the laws of Western Australia. We encourage you to try and resolve disputes using certified mediation. If a dispute cannot be resolved then you and CircularCouture.com irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia.
General
The failure of CircularCouture.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of CircularCouture.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting CircularCouture.com
If you have any questions about these Terms please contact CircularCouture.com at support@circularcouture.com