Rent a suit - Terms and Conditions

Terms and Conditions

effective as of 24th of December 2017

Rent a Suit´s Terms and Conditions Agreement explains the terms and conditions under which you are able to use the Rent a Suit Platform and other services provided by Rent a Suit. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS PLATFORM. “Rent a suit” maintains this website and app as a service to its customers, potential customers, and other interested parties. Your use of this website and app is subject in all respects to these terms and conditions, including the Privacy Policy.
BY SIGNING-UP FOR OUR SERVICES YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS AND CONDITIONS STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH RENT A SUIT. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Rent a Suit. Provisions of any individual Agreement between you and the Rent a Suit supersede provisions from these Terms. This agreement is concluded between Rent a Suit and User only, and not with Apple, and Rent a Suit, not Apple, is solely responsible for the application and the service. Rent a Suit is responsible for customer support. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.

DEFINITIONS
1. The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions:
  ‘Terms/Agreement’ refers to the latest version of this Terms and Conditions document.
  ‘Site’ refers to the website of Rent a Suit available at www.rentasuit.ca or any other url which may host Rent a Suit websites or Services.
  ‘App’ refers to the mobile application of the Rent a Suit.
  ‘Platform’ refers to Site, App, and Services collectively.
  ‘User/You’ refers to any person or legal entity registering for or using our Services.
  ‘Lessee’ refers to the User who rents the Items through the Platform.
  ‘Lessor/Business Partner’ refers to User who posts Items on the Platform for rent.
  ‘We/Us/Rent a Suit’ refers to Rent a Suit, the Platform, and their developers and affiliates.
  ‘Party/Parties’ refers to either User or Rent a Suit when used in singular form and to both User and Rent a Suit when used in plural form.
  ‘Outside Source’ refers to any application, website, natural or legal entity other than Rent a Suit, the Site, the App, or their affiliates.
  ‘Content’ refers to all images, text, audio and video data or any other information located on the Platform.
  ‘User Generated Content’ refers to the Content provided by the Users.
  ‘Item’ refers to the items of clothes or accessories for rent.
  ‘Rental Period’ refers to the period of time for which the Item is rented to the Lessee.
  ‘Rental Period Fees’ refers to the cost of rental of the Item for the selected Rental Period.
  ‘Rent a Suit Fees’ refers to the fees for Services.
  ‘Services’ refers to the functionality of the Platform, the ability to rent or offer for rent various Items as described herein, and other services provided by Rent a Suit.
  ‘Information’ refers to information about the Users themselves provided for the purpose of registering an account, contacting support or anonymous statistical information collected from the Users through cookies or third party services.
  ‘Confidential Information’ refers to any and all information disclosed between the Parties in relation to the Services. Confidential Information does not cover information that was known either party prior to disclosure or information that was made available to the public
GENERAL PROVISIONS
1. By registering for the use of the Services, you confirm that you are at least 18 years of age. By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws. If you are accessing our Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement, (ii) you have the appropriate authorization to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom you accept this Agreement has full power to enter into this agreement and to perform obligations as defined herein.
2. We may not control who uses the Platform, so it is upon you to assess whether using the Platform is in compliance with any local laws and regulations. Whenever you are using our Platform you will need to comply with the terms of this Agreement and any applicable laws, regulations and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Platform. Any such Service will be considered as ‘not available in your region’.
3. Rent a Suit offers a Platform which brings together Users that want to rent or offer for rent various Items. Access to these Services is available upon registration which is done through proper forms on the Site or through the App. Use of some of our Services is subject to certain fees, the full list of which is available on the Platform.
4. Rent a Suit cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
5. You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Platform contrary to this Agreement, our privacy policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Platform to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:
  - send or otherwise post unauthorized commercial communications (such as spam) through the Site or App;
  - collect Platform users' content or information, or otherwise access the Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
  - upload viruses or other malicious code;
  - post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or is otherwise objectionable to third parties;
  - post or transmit content that exploits children under the age of eighteen (18).
  - take any action creating a disproportionately large usage load on our Platform unless expressly permitted by us;
  - create more than one account or share your account with anyone;
  - communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
  - encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform.
6. When registering on our Platform, Users are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary toaforementioned conditions, we may deny you or terminate your access to the Platform, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete. We may request a proof of identity in order to verify your account.
7. You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.
8. If you provide us with your e-mail address, we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. You may opt-in to receive e-mails about news, promotions, special offers and or other topics of interest related to the Rent a Suit and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in Promotional e-mails.
9. If you have any question or suggestion you can contact us at Email: info@rentasuit.ca .
INTELLECTUAL PROPERTY
1. All intellectual property rights connected to the Site, App, Services, Content, software or technology used with the Services are the sole property of the Rent a Suit, or are used under appropriate licenses or permissions. Nothing in this Agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.
2. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Platform; distribute, transfer, sublicense, lease, lend or rent the Platform to any third party; reverse engineer, decompile or disassemble the Platform; or make the functionality of the Platform available to multiple users through any means.
3. Users are able to upload and post Content on the Platform, including but not limited to texts, photos, and any Content that is displayed or printed on the Items. Nothing contained in such User Generated Content can be illegal, hateful, obscene, threatening, inciting violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or otherwise objectionable to third parties. We reserve the right, at our sole discretion, to refuse to publish or to remove any User Generated Content, especially if it is not in compliance with our Terms and Acceptable Use Policy.
4. Users retain all rights, title, and interest in the Content they provide through the Platform. If you post Content on or through the Platform, you grant us a non-exclusive, royaltyfree, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Platform, our social pages, and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the Content provider through their name, screen name or e-mail address, if available.
5. We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting or sharing of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Site, the App, and the Services at your own risk. We do not monitor the content shared through private messages on the Platform, but we may do so at anytime in order to comply with any law or government request, or in the interest of the operating website We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that Rent a Suit bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Site and App. You further understand that by providing your content online, other people will have access to such content and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.
6. During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to Rent a Suit and Rent a Suit may disclose certain Confidential Information to the Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
7. Both parties agree to allow access to Confidential Information only to personnel committed to confidentiality either by agreement or statutory obligations. Collection, storage and use of information obtained from Users is governed by our Privacy Policy document available at www.rentasuit.ca/privacy-policy.
8. Business Partner agrees that he/she will not contact the Lessee directly, without obtaining prior permission from Rent a Suit. Business Partner will not under any circumstance, without obtaining prior permission from Rent a Suit, collect in any form any kind of information on Lessees, including but not limited to names and contact details. Such information is considered a trade secret, and any unauthorized collection, use or disclosure of such information is objectionable under law. Users hereby agree not to solicit, negotiate, contract, or enter into any business transactions, agreements or undertakings, either directly or indirectly, with other Users for the same type of Services as offered by Rent a Suit, unless such approval is specifically granted in written form by the Service Provider on a case-by-case basis. Users are forbidden from taking any actions or measures aimed at circumventing Rent a Suit and payment of Rent a Suit Fees.
9. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Platform’s Copyright Agent:
  - If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Platform’s Copyright Agent:
  - A description of the copyrighted work or other intellectual property that you claim has been infringed;
  - A description of where the material that you claim is infringing is located on the Platform;
  - Your name, address, telephone number and e-mail address;
  - A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  - A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
10. Our copyright agent can be reached as follows:
  Email: info@rentasuit.ca
TERMS FOR RENTING
1. Items posted on the Platform are either new or pre-owned high end designer labels ladies wear. All Items must be in perfect condition, free from any defect, stains or smell. Items must not be older than four (4) years with exception of classic pieces (e.g.: Christan Dior, Chanel, etc).
2. Rent a Suit does not own Items nor do we purchase Items from Business Partners. We do, however, accept donations in which case we will offer such clothes to charity organizations.
3. All prices are shown on the Platform exclusive of any applicable taxes, shipment costs, and Rent a Suit Fees. You understand and agree that it is your responsibility to pay applicable taxes and shipment costs for chosen Items as well as applicable Rent a Suit Fees which will be displayed at the checkout.
4. Our Platform accepts PayPal, Visa, Mastercard and Debit Cards (Bank Cards) as payment methods. If you are paying by credit card, you must provide valid and current information necessary to process the payment. You agree and authorize us to charge your payment method for the amount shown at the checkout.
5. Lessee is responsible for choice of the shipping method and payment of the shipping to receive the Item. When the Item is received, Lessee will confirm the receipt of the Item and at the same time lodge complaints about the Item if any.
6. During the Rental Period Lessee is obliged to take care of the Item, and to refrain from damaging and staining it. Lessee is responsible for any damage, done to the Item during the Rental Period regardless if the cause for damage, loss or theft can be attributed to the User. In the event that the Item is damaged, destroyed, lost, or otherwise not returned to the Business Partner, Lessee agrees to pay 100% of the retail value of the Item to the Business Partner. Lessee hereby authorizes Rent a Suit to charge the payment method for the amount of the retail value that was posted on the profile. In the event that the Item is damaged beyond normal wear and tear and to a degree where the repair of the Item is possible, Lessee agrees to pay all necessary costs for repair or replacement in the amount of up to 100% of the retail value listed on the Platform.
7. Upon expiry of the Rental Period Lessee is responsible for returning the Item using the shipping method chosen by the Business Partner. Item is returned in the same conditions as it was received in. Lessee undertakes to clean the Item professionally, in accordance with the best practice for the Item’s material, before return. More information about the return process can be found on the Platform or in the e-mail notification. Lessee is responsible for paying any late fees for late delivery.
8. Upon return of the Item Lessee will be able to rate and review the Item and the Business Partner.
9. If the Item is not sent to the Business Partner by the end of the Rental Period, or if Lessee does not inform the Business Partner by the end of the Rental Period that the Item will not be returned, Lessee is responsible for paying the following additional fees and penalties:
  - A penalty in the amount of fifty (50) Canadian Dollars;
  - If within five (5) days from the expiry of the Rental Period, the Item is not sent to the Business Partner, or if Lessee does not inform the Business Partner that the Item will not be returned, in addition to the penalty, Lessee is responsible for paying the late fee for each day beyond first five (5) days in the amount of daily Rental Fee listed on the Platform. Late fee is calculated for up to fifteen (15) days or until the Item is sent toBusiness Partner or Lessee informs the Business Partner that Item will not be returned, whichever is less.
  - If within five (5) days from the expiry of the Rental Period, the Item is not sent to the Business Partner, or if Lessee does not inform the Business Partner that the Item will not be returned, in addition to the penalty, Lessee is responsible for paying the late fee for each day beyond first five (5) days in the amount of daily Rental Fee listed on the Platform. Late fee is calculated for up to fifteen (15) days or until the Item is sent toBusiness Partner or Lessee informs the Business Partner that Item will not be returned, whichever is less.
10. Late fees and penalties are calculated for each individual Item.
11. Lessee is responsible for notifying the Business Partner on any circumstance relevant for the penalties and late fees, including information about sending the Item or Item being lost, stolen, destroyed, or damaged beyond repair. Rent a Suit shall not refund any late fees or penalties caused by Lessee’s behavior or failure to provide timely notification.
12. Business Partners are able to post Items for rent through the Platform. Items must be either new or in near mint condition, clean and free from any defect including but not limited to loose threads, tears, missing buttons, broken or missing zippers and similar.
13. You hereby authorize us to collect the payment of the Rental Period Fees and to keep it until the Lessee confirms the receipt of the Item without any objections or until the expiry of the complaint period in article 4.18. Rent a Suit shall release the funds collected from the Lessee, minus Rent a Suit Fees, to the payment method of your choice. If the Lessee reports that the Item is damaged or not as described and returns it, Rent a Suit will refund the Lessee and any costs of shipment shall fall on the Business Partner.
14. Business Partner is responsible for choosing the shipping method for return of the Items and to pay for such shipping.
15. Upon receipt of the Item Business Partner will be able to rate and review the Lessee.
16. Business Partner will have the option to choose between two types of cancelation options:
  - Aggressive – bookings may be canceled without penalty more than six (6) days before the beginning of the Rental Period;
  - Moderate - bookings may be canceled without penalty more than ten (10) days before the beginning of the Rental Period.
17. If the booking is canceled with less than ten (10) days for moderate or less than six (6) days for aggressive cancelation option, Lessee will still need to pay 100% of the Rental Period Fees minus any saved costs.
18. If the Item received by the Lessee is damaged, or if the Item does not look like the picture displayed on the Platform the Lessee should complete the appropriate form on the Platform and to return the Item to the Business Partner. Upon submitting the appropriate formsLessee shall receive the refund of the Rental Period Fees. Rent a Suit Fees shall not be refunded. Lessee may submit a complaint and ask for a refund within twenty-four (24) hours after receipt of the Items, otherwise the Items is considered as flawless.
THIRD PARTY SERVICES
1. The Services may be made available or accessed in connection with third party services (such as shipping) and content (including advertising) that Rent a Suit does not control. You acknowledge that different Terms of Service and privacy policies may apply to your use of such third party services and content. Rent a Suit does not endorse such third party services and content and in no event shall Rent a Suit be responsible or liable for any products or services of such third party providers.
INDEMNITY
1. You will indemnify and hold harmless Rent a Suit, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Platform, Content which you provide, or your violation of these Terms.
LIMITATION OF LIABILITY
1. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE RENT A SUIT SERVICE IS TO STOP USING THE RENT A SUIT SERVICES.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW RENT A SUIT, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE RENT A SUIT SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, EVEN IF RENT A SUIT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL RENT A SUIT’S AGGREGTATED LIABILTY EXCEED THE AMOUNT YOU PAID RENT A SUIT, IF ANY, THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
3. Rent a Suit, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Services, or any errors, in or omissions from such information. Rent a Suit is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through theServices, nor caused by the delay, malfunction of the operation or the availability of the Services.
4. Rent a Suit, not Apple, is responsible for addressing any claims of the User or any third party relating to the App or the User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or the User’s possession and use of the App infringes that third party’s intellectual property rights, Rent a Suit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
CHANGES
1. RENT A SUIT MAY MAKE CHANGES OR REPLACE OUR TERMS AND CONDITIONS AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE PLATFORM AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS AND CONDITIONS AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS AND CONDITIONS AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED IT IN OUR PLATFORM. THE TERMS AND CONDITIONS AGREEMENT APPLIES REGARDLESS FROM WHICH DEVICE OR OPERATING SYSTEM YOU ACCESS OUR SERVICES.
GOVERNING LAWS AND CHOICE OF FORUM
1. This Agreement shall be governed by and construed under the laws of Ontario, Canada, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Ontario by Ontario residents. You agree that if you have any dispute with Rent a Suit you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the non-exclusive jurisdiction of the courts in the city of Toronto, Ontario, Canada.
FINAL PROVISIONS
1. Rent a Suit reserves the right, in its sole discretion to terminate limit or suspend any User’s access to this website without notice or liability, for any reason whatsoever, including the User’s breach of any of these terms of use.
2. If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
3. The section titles in the Terms are for convenience only and have no legal or contractual effect.
4. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
5. Neither Party may assign or transfer any right or obligation under this Agreement to a third-party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the Party.

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