These Terms of Service (“Terms”) govern your use of the websites and services (collectively, the “Services”) provided by Vestie (as defined below).
These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit. By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink. Vestie reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
II. USE OF THE SERVICES
Subject to your compliance with these Terms, Vestie grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services. You shall use the Services in accordance with these Terms and shall not: Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right. Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services. Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services. Violate any applicable laws, rules or regulations in connection with your access or use of the Services. Use the Services in violation of or to circumvent any sanctions or embargo. Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Vestie or its affiliates, partners, suppliers or licensors. Use the Services for any purpose for which it is not designed or intended. Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Vestie. Use any proprietary information or interfaces of Vestie or any other intellectual property of Vestie in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services. Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable. Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters. Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components. Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services. Collect any information in respect of other users without their consent. Commit any act to avoid paying any applicable fees and/or charges. Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders/ transactions. Authorise or encourage anyone to do any of the foregoing. Vestie reserves the right to terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
You would need to have an account with Vestie (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that: If you are individual, you are at least 18 years of age. If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms. You are capable of entering into and performing legally binding contracts under applicable law. All information which you provide is accurate, up to date, truthful and complete. If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities. You are responsible for all activities under your Account. You, therefore agree to: Keep your password secure. Keep your account information up to date at all times. Comply with Vestie’s prevailing policies (which forms a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services. Unless expressly permitted by Vestie and subject to these Terms and any other additional terms as Vestie determines, you shall not set up multiple Accounts. You shall not transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.
IV. VESTIE IS A VENUE
The Services provide a venue for users to interact with each other, and to rent and/or lend occasion wear. Vestie does not pre-screen a user or the Content provided by a user, nor is Vestie directly involved in transactions between users. Consequently, Vestie has no control over, and you agree that Vestie is not responsible or liable for, any of the following: The quality, safety, morality or legality of any aspect of the items listed. The truth or accuracy of the listings, the ability of renters to rent items or the ability of rentee to pay for the transaction fees to rent items. The true identity, age, nationality, or sense of humour of a user. Any Content posted by users. You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for rent. However, please exercise common sense and good judgment in your interactions with other users. While Vestie endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
You are the owner of the item, and the item is not stolen. The item does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights. The sale of the item complies with all laws and regulations which apply to that item. The item is not dangerous, hazardous or subject to a recall by a government or manufacturer. All offers made and accepted through the Services are binding. If you are a renter who has accepted a rentee’s offer for an item for rent: You agree to ship the item or otherwise complete the transaction with the rentee in a prompt manner unless there is an exceptional circumstance, for instance, if the rentee fails to meet the terms of your listing (such as payment method), or you cannot authenticate the rentee's identity. You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a rental, or misrepresent the item's location and price. If you are a rentee whose offer for an item for rent has been accepted by a renter, you agree to make prompt payment to the renter for the item, unless there is an exceptional circumstance, for instance, if you are cannot authenticate the renter’s identity. In communicating with a user through the Services for the rental of an item (“Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the foregoing, as Vestie is not involved in Transactions which are considered solely between users, Vestie cannot ensure that a user (whether as a renter or rentee) would follow through and complete a Transaction.