TERMS OF SERVICE

It is a customer and an owner’s responsibility to read and adhere to our terms and conditions. Using our site and services constitutes acceptance of our terms and conditions.

This agreement sets forth the legally binding terms and conditions for your use of the website at openclosit.com, services and mobile applications provided by OpenClosit (collectively, the “Services”).

By using the Sites in any manner, including but not limited to visiting or browsing the Site, you (the “User" or “You") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Sites, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. OPENCLOSIT AS A VENUE

OpenClosit acts as a venue to allow users who comply with OpenClosit's policies to offer and rent goods. OpenClosit is not directly involved in the goods and the transaction between owners and customers. As a result, OpenClosit has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of owners to rent items or the ability of customers to pay for items. OpenClosit does not pre-screen users or the content or information provided by users. OpenClosit cannot ensure that an owner or customer will actually complete a transaction. Consequently, OpenClosit does not transfer legal ownership of items from the owner to the customer.

OpenClosit cannot guarantee the true identity of a user. OpenClosit encourages you to communicate directly with potential transaction partners via the tools available on the Sites. You may also want to consider using a third-party service that provides additional user verification. You agree that OpenClosit is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on OpenClosit. You use the OpenClosit service at your own risk. OpenClosit is a Toronto venue and use of its services is for Toronto only. Any transaction occurring outside of Toronto proper must be disclosed to all parties of the transaction and agreed to.

2. MEMBERSHIP ELIGABILITY

Age: OpenClosit's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. OpenClosit may, in its sole discretion, refuse to offer access to or use of the Sites to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Sites is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use OpenClosit’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by OpenClosit's policies as stated in the Agreement and the OpenClosit policy documents (if existing and if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by OpenClosit, each of which is incorporated herein by reference and each of which may be updated by OpenClosit from time to time without notice to you.

In addition, some services offered through the Sites may be subject to additional terms and conditions promulgated by OpenClosit from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify OpenClosit of any unauthorized use of your password or any breach of security. You also agree that OpenClosit cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than OpenClosit without OpenClosit's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: You may not transfer or sell your OpenClosit account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: OpenClosit's services are not available to temporarily or indefinitely suspended OpenClosit members. OpenClosit reserves the right, in OpenClosit's sole discretion, to cancel unconfirmed or inactive accounts. OpenClosit reserves the right to refuse service to anyone, for any reason, at any time.

3. LISTING AND RENTING

Listing Description: By listing an item on the Sites you warrant that you and all aspects of the item comply with OpenClosit's published policies. You also warrant that you may legally rent the item. You must accurately describe your item and all terms of lease in your OpenClosit profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing.

Please note that listings may be removed by OpenClosit at any time. Please review section 15, "BREACH", for further information.

4. PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES

You are solely responsible for your conduct and activities on and regarding to OpenClosit and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on OpenClosit.

Restricted Activities:

Your Content and your use of OpenClosit shall not:

Furthermore, you may not list any item on OpenClosit (or consummate any transaction that was initiated using OpenClosit's service) that could cause OpenClosit to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.

5. SAFETY

OpenClosit is not responsible for the actions of its users or your interactions with them, and we don’t conduct background checks. Be careful about meeting with people off of OpenClosit for try-ons, etc..

Take precautions and follow these guidelines to help you stay safe:

6. USE OF IMAGES/COPYRIGHT AND CONTENT

OpenClosit does not take responsibility for the images uploaded by individuals on our site. It is the individuals responsibility to abide by Canadian photographic and copyright laws and regulations, and ensure that the individual has permission or ownership of the images they are uploading on our website. OpenClosit is committed to helping people and organizations protect their intellectual property rights. The OpenClosit terms and conditions do not allow posting content that violates someone else’s intellectual property rights, including copyright and trademark. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via OpenClosit. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. You agree that OpenClosit is not responsible for, and does not endorse, Content posted within the Service. OpenClosit does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

OpenClosit is happy to assist in the removal of any imagery that violates Canadian photographic and copyright laws and regulations. Please allow 48 hours for us to remove content once it has been reported.

License: OpenClosit does not claim ownership rights in your Content. You grant OpenClosit a license solely to enable OpenClosit to use any information or Content you supply OpenClosit with, so that OpenClosit is not violating any rights you might have in that Content. You grant OpenClosit a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow OpenClosit to store or re-format your Content on OpenClosit and display your Content on OpenClosit in any way as OpenClosit chooses. OpenClosit will only use personal information in accordance with OpenClosit's Terms of Service.

As part of a transaction, you may obtain personal information, including email address, mobile phone number, and address information, from another OpenClosit user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for OpenClosit-related communications. OpenClosit has not granted you a license to use the information for unsolicited commercial messages, or to disseminate such information on any public platform, including OpenClosit. Without limiting the foregoing, without express consent from the user, you are not licensed to add any OpenClositl user to your email or physical mail list.

Re-Posting Content: By posting Content on OpenClosit, it is possible for an outside website or a third party to re-post that Content. You agree to hold OpenClosit harmless for any dispute concerning this use.

7. INFORMATION CONTROL

OpenClosit does not control the Content provided by users that is made available on OpenClosit and, as such, does not guarantee the accuracy, integrity or quality of such Content. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.

You acknowledge that OpenClosit may or may not pre-screen Content, but that OpenClosit shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Sites. Without limiting the foregoing, OpenClosit and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.

You acknowledge, and consent to and agree that OpenClosit may access, preserve and disclose your account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over OpenClosit or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of OpenClosit, its users and/or the public.

8. DRY CLEANING

All dresses must be dry cleaned before return, unless otherwise stated by the individual owner. Should an item fail to be appropriately cleaned before return, as stated by the owner, the owner has the right to charge an additional fee to cover the costs of cleaning and the value of the cost of the owner bearing the task of cleaning the garment themselves.

9. REFUNDS

If you are unsure whether you are interested in the garment, please ask the owner if they will allow you to organise a try on. If a try on is arranged, a customer is entitled to a refund for any reason, providing the item is not accepted at the try on, and then money is exchanged after this acceptance. For example, if a customer arranges a try on, pays for the item and tries it on and does not like it, the customer is entitled to a refund. If the customer tries on the item, confirms rental and pays for the item, the customer is not eligible for a refund after this acceptance.

If a customer agrees to hire an item, money is exchanged, and then the customer later decides they do not wish to hire the item, the owner has no obligation to return the hire price, especially in scenarios where the dress has already been given to customer and including situations where the garment does not fit, or does not suit the rentee. This is a condition as our items are extremely popular, and often clients are turned down as the item is already rented out, and we can therefore not turn down customers if the dress has not already been definitely hired out.

A change of mind is allowed at least 2 weeks prior to the event, so if the money has already been exchanged, and there is a change of mind with the event not taking place till 15 days later (for example), the dress owner is obligated to refund the full hire price to the customer. However, in the situation where an item is not available to the customer at the time of their event, the customer is expected to be refunded all fees paid. This is inclusive of situations where the garment has been delayed in the post, even if the owner posted the item in advance and the item was unexpectedly delayed. Unfortunately an owner is required to bare the burden of this situation, even if it is outside of their control. We recommend owners allow for delays when considering postage. Please note, an owner has the right to create their own terms and conditions with regards to refunds. Owners may state that payment is 'non-refundable'. In this situation, refunds are not eligible even if a change of mind has occurred outside the two-week period.

10. WEARING OF A HIRED ITEM

A customer must pay for the possession and responsibility of an item, regardless of whether they end up wearing it or not. However, an item is rented out for ONE event only, and to ONE person only, unless otherwise arranged with the owner. A dress that is in the possession of a customer for a weekend cannot be lent to their friend, and worn on two occasions, even if worn by the same person, unless this is agreed by the owner. This is because as a dress is worn, it depreciates in value and faces the risk of damage and deterioration. Therefore, the hire price covers the cost of one occasion, day or event only.

If a customer damages an item beyond repair, deeming the item 'unwearable', the owner may request the customer pay for the damages at any value that is less than or equal to the RRP of the garment minus the already paid for hire fee. If the owner insists on damages that equal the RRP of the item (including any already paid fees such as hire fee), the customer has the right to ask for ownership over the property being disputed. If minor stains or damages are caused to the garment, decreasing its value but allowing it to still be wearable, the owner has the right to ask for compensation. If a dispute has arisen between the owner and the customer over the damages, i.e. whether or not the damages deem the item 'unwearable', please contact OpenClosit. 'Unwearable': in all circumstances refers to an item that would not be worn by any reasonable person because of damages to it.

11. RETURN OF AN ITEM

It is the customer’s responsibility to contact the owner of the item, regarding its return. Items must be either dropped back, or posted back to the owner by the date stated, unless other arrangements are agreed upon. Please obtain approval from the owner prior to posting an item. If no return date is stated, customers with items must return the item within one week of the date of wear, unless the owner has agreed to a date of return later than one week. If an item is returned later than one week, or the agreed date, an owner has the right to ask for further compensation. For example, if an item is returned late, and a future rental is cancelled because of this, the customer may be required to compensate the owner for this forgone hire fee. If an item is not returned at all, the customer who liaised with the owner and had possession of the item is liable to provide compensation to the owner. This compensation will be to any value less than, or equal to, the RRP of the item, minus any already paid fees (including hire fees, excluding postage costs). The owner will be allowed to dictate the price of the compensation, provided its value does not exceed the previously stated value. It is the sender's responsibility to provide the receiver with appropriate tracking when an item is being shipped. For example, if a customer returns an item via postage, and no tracking is provided, the customer will be liable for the garment should it not arrive. However, if the customer provides a valid and active tracking number (i.e. the tracking number shows information e.g. lodgement of parcel, that can be tracked by the post service) then they are not liable for the garment should not arrive. Please always provide tracking information when posting garments.

12. CONDITION OF AN ITEM

It is an owner’s responsibility to provide the customer with an item that is in wearable and undamaged condition. Small stains, that are hidden or barely noticeable, are accepted. However, please disclose any minor stains that are visible externally when worn (i.e. stains on the interior lining of the fabric that cannot be seen when worn do not need to be disclosed) to the customer before they hire the item. A customer has the right to refuse to wear an item, if a reasonable person, in this position, would also view the item as unwearable. In the scenario of a marked or damaged item, it must be immediately returned to the owner, and a full refund be issued. A customer must disclose the stains in question to the owner prior to the event date of the hire. If a customer reports stains after the event date, or wearing of the item, the owner cannot determine that the stains did not occur in the customer's possession. We expect a customer to dispute an item within 24 hours of receiving it. If a customer disputes an item but does not return it until after the hire date, and no graphics of the damage in question are provided prior to the event date, or at the time of the dispute being raised, the owner has the right to refuse rental to the customer. This is because the owner has not received proof of damage prior to the rental date, or return of item prior to the rental date. In this situation, the owner has no way of determining that the item was not worn or that the damage did not occur in the customer's possession. If disputes between owner/customer occur, please send in a detailed complaint, along with photographic evidence to OpenClosit, and we will determine whether the damage makes the item unwearable or not.

13. POSTAGE

If an item is to be posted, please forward on a tracking number to the owner/customer. Please always include a return address of the item. This ensures that an item can be tracked in the event it was to be lost in the mail. If an item does not arrive at it’s destination, and there were no tracking number given, the person who sent the item is responsible for the compensation of it. If an item is posted, a tracking number is provided and the item does not arrive at the destination, it is the sender's responsibility to lodge a missing parcel form with Canada Post and attempt to retrieve the item. If the item cannot be found, but the tracking number provided shows sufficient proof that the item was posted correctly by the customer, then the customer is not liable for the loss of the item, and this is now an issue with Canada Post. It is the receiver’s responsibility to provide the sender with an address that will result in safe delivery of the item if tracking is provided and the tracking is confirmed as delivered, the receiver is immediately responsible for the item. If the receiver cannot locate the parcel following delivery, it is the receiver’s liability to bear the loss of the item, as tracking states the item has been delivered.

14. LIABILITY

Under no circumstances will the OpenClosit parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the OpenClosit content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the OpenClosit parties or law enforcement authorities regarding your or any other party's use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service's operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the OpenClosit parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the OpenClosit parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will the OpenClosit parties total liability to you for all damages, losses or causes or action exceed one hundred Canadian dollars ($100.00).

You agree that in the event you incur any damages, losses or injuries that arise out of OpenClosit's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the OpenClosit parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the OpenClosit parties.

OpenClosit is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

15. BREACH

Without limiting any other remedies, OpenClosit may, without notice, delay or immediately remove Content, warn OpenClosit's community of a users actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: OpenClosit suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; OpenClosit is unable to verify or authenticate any of your personal information or Content; or OpenClosit believes that a user is acting inconsistently with the letter or spirit of OpenClosit's policies, has engaged in improper or fraudulent activity in connection with OpenClosit or the actions may cause legal liability or financial loss to OpenClosit's users or to OpenClosit.

The following discretions may (but are not limited to) warrant removal:

16. LEGAL COMPLIANCE, TAXES

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and any OpenClosit service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Sites (excluding any taxes on OpenClosit’s net income).

16. OPENCLOSIT SERVICE

OpenClosit reserves the right to modify or terminate the OpenClosit service for any reason, without notice, at any time. OpenClosit reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If OpenClosit makes a material change OpenClosit will notify you here, or other places OpenClosit deems appropriate. What constitutes a "material change" will be determined at OpenClosit's sole discretion, in good faith, and using common sense and reasonable judgment. Your continued use of the Sites and Services after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

17. PRIVACY POLICY

This Privacy Policy governs the manner in which OpenClosit collects, uses, maintains and discloses information collected from users of its Services. This privacy policy is incorporated into, and form a part of, the Site's Terms of Service.

Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-Personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web Browser Cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How We Use Collected Information

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases ("Payment Processor"). For Purchases that do not require immediate payment, information is stored by our Payment Processor and the transaction is only completed upon the sale of the product(s) via any platform(s) or method(s), as described in the information and content provided by us. Your payment information is always encrypted through secure socket layer technology (SSL) and stored with a SHA-256 or RSA-256 encryption and a minimum of 2048 bit RSA keys. Our services adhere to the standards set by Payment Card Industry Data Security Standard (PCI-DSS) as managed by the PCI Security Standards Council which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

How We Protect Your Information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with the strongest digital signatures available.

Sharing Your Personal Information

We do not sell, trade, or rent Users personal identification information to others. We may publicly share aggregated, non-personally identifiable, or otherwise public information or content related to our Site for the purposes outlined above.

Third Party Websites

Users may find content on our Site that link to the sites and services of our partners, suppliers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

CONTACT

If you have any questions about these Terms & Conditions, please contact us at [email protected]