Ltd ("RentMyWardrobe”, RMW,” "we,” "us,” or "our”) welcomes
you. We’re pleased that you have accessed our website located at
www.rentmywardrobe.ie (the "RMW Website”) and our online platform (the
"RMW Platform”), which is accessible through the RMW Website.
provide Visitors (as defined below) with access to the RMW Website and
Registrants (as defined below) with access to the RMW Platform subject to these
terms and conditions. By browsing the public areas of the RMW Website, you
acknowledge that you have read, understood and agree to be legally bound by
the RMW Website and is hereby incorporated by reference (collectively, the
"Terms and Conditions”).
YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE RMW WEBSITE
AND/OR THE RMW PLATFORM.
reserve the right to review and amend any of these Terms and Conditions from
time to time with or without notice to you.
terms shall have the meanings ascribed to them below or elsewhere in these Term
means any person buying Inventory Items over the
means any person listing Inventory items for sale
over the RMW platform
means any person listing Inventory items for rent
over the RMW platform
means any person renting Inventory items over the
means Renters and Buyers;
means fashion items or items of clothing or
accessories listed or otherwise made available for sale or rent over the RMW
means any person signing up as a registered
account holder on the RMW Platform;
means any person accessing or making of the RMW
THE RMW PLATFORM
RMW Platform provides Vendors and Customers with a variety of resources to
facilitate the buying, selling, lending and renting of Inventory Items.
Lenders can upload information about designer Inventory Items available for
sale or rent and Customers can search for designer Inventory Items they wish to
buy or rent. Once a Customer has identified an Inventory Item he or she wishes
to buy or rent, the Customer can buy or rent that Inventory Item through the
to the RMW Platform is offered to those who register on the RMW Website
("Registrants”). Following registration, all Registrants will have a
unique login ID and password which can be used to access the RMW Platform.
provide Visitors and Registrants with access to the RMW Website and the RMW
Platform as described below.
Visitors, as the term implies, are people who do not register with us, but want
to explore the RMW Website. No login ID is required for Visitors. Visitors can:
all publicly available content on the RMW Website; and
us via the RMW Platform.
Login details are required for all Registrants to access the RMW Platform.
Registrants can do all things that Visitors can do and are also able to:
as a Customer, the available Inventory Items;
us about Inventory Items; and
submit requests to buy or rent Inventory Items.
My Wardrobe is under no obligation to accept any individual as a Registrant and
may accept or reject any registration in its sole and complete discretion. In
addition, Rent My Wardrobe reserves the right to deactivate any account at any
time, including, without limitation, if it determines that a Registrant has
violated these Terms and Conditions.
to Use the RMW Platform
to these Terms and Conditions, Rent My Wardrobe grants you during the term of
these Terms and Conditions a non-transferable, non-exclusive right, without the
right to sublicense, to access and use the RMW Platform for your personal use.
You will not (and will not permit any third party to): (i) reverse engineer,
decompile, disassemble, or otherwise attempt to discern the source code,
underlying ideas, algorithms, file formats, or interface protocols of the RMW
Platform; or (ii) introduce into the RMW Platform any virus, worm, "back
door,” Trojan Horse, or similar harmful code. If you violate this section, Rent
My Wardrobe reserves the right in its sole discretion to immediately deny you
access to the RMW Platform, or any portion of thereof, without notice. Rent My
Wardrobe reserves the right to change the availability of any feature,
function, or content relating to the RMW Platform, at any time, without notice
or liability to you.
RMW Platform functions best when its Visitors and Registrants act in good faith
and follow a few simple rules. By visiting the RMW Website, and/or accessing
and/or using the RMW Platform, you hereby agree to comply with the following
will comply with all applicable laws in your use of the RMW Website and/or the
RMW Platform and will not use the RMW Website and/or the RMW Platform for any
will not access or use the RMW Website and/or the RMW Platform to collect any
market research for a competing business;
will not upload, post, e-mail, transmit, or otherwise make available any
any copyright, trademark, right of publicity, or other proprietary rights of
any person or entity; or
threatening, tortious, defamatory, libellous, indecent, obscene, pornographic,
invasive of another’s privacy, or promotes violence; or
any sensitive information about another person, including that person’s e-mail
address, postal address, phone number, credit card information, or any similar
will not "stalk” or otherwise, in any way, harass any other person or
group of people;
will not use any robot, spider, scraper, or other automated means to access the
RMW Website and/or the RMW Platform for any purpose without our express written
permission; provided, however, we grant the operators of public search engines
permission to use spiders to copy materials from the public portions of the RMW
Website and/or the RMW Platform for the sole purpose of and solely to the
extent necessary for creating publicly-available searchable indices of the
will not impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity; and
will not interfere with or attempt to interrupt the proper operation of the RMW
Website and/or the RMW Platform through the use of any virus, device,
information collection or transmission mechanism, software or routine, or
access or attempt to gain access to any data, files, or passwords through
hacking, password or data mining, or any other means.
reserve the right, in our sole and absolute discretion, to deny any person
access to the RMW Website and/or the RMW Platform, or any portion of the RMW
Website and/or the RMW Platform, without notice, and to remove any content that
does not adhere to these guidelines. We also reserve the right, in our sole and
absolute discretion, to change or remove information from your profile that
does not adhere to these guidelines or is otherwise deemed to be offensive in
our sole discretion.
2.9 People under the age of 18 may not use the RMW Platform and parents or legal guardians
may not agree to these Terms and Conditions on their behalf.
RMW Website and the RMW Platform contain materials, such as software, text,
graphics, images (including any images/photographs that we use from your
wardrobe), sound recordings, audio-visual works, and other materials provided
by or on behalf of Rent My Wardrobe (collectively referred to as the "RMW
Content”). The RMW Content may be owned by us or by third parties. The RMW
Content is protected under both Ireland and foreign laws. Unauthorised use of
the RMW Content may violate copyright, trademark, and other laws. You have no
rights in, or to, the RMW Content, and you will not use the RMW Content except
as permitted under these Terms and Conditions. No other use is permitted
without prior written consent from us. You must retain all copyright and other
proprietary notices contained in the original RMW Content on any copy you make
of the RMW Content. You may not sell, transfer, assign, license, sublicense or
modify the RMW Content or reproduce, display, publicly perform, make a derivative
version of, distribute, or otherwise use the RMW Content in any way for any
public or commercial purpose. The use or posting of the RMW Content on any
other website or in a networked computer environment for any purpose is
you violate any part of these Terms and Conditions, your permission to access
and/or use the RMW Content and the RMW Website and the RMW Platform
automatically terminates, and you must immediately destroy any copies you have
made of the RMW Content.
trademarks, service marks, and logos of Rent My Wardrobe ("Rent my
Wardrobe Trademarks”) used and displayed on the RMW Website and RMW Platform
are registered and unregistered trademarks or service marks of Rent My
Wardrobe. Other company, product and service names located on the RMW Website
and the RMW Platform may be trademarks or service marks owned by others (the
"Third-Party Trademarks”, and, collectively with the Rent My Wardrobe
Trademarks, the "Trademarks”). Nothing on the RMW Website and the RMW
Platform should be construed as granting, by implication, estoppel, or
otherwise, any licence or right to use the Trademarks, without our prior
written permission specific for each such use. Use of the Trademarks as part of
a link to or from any site is prohibited unless establishment of such a link is
approved in advance by us in writing. All goodwill generated from the use of
inures to our benefit.
of the RMW Website and the Platform are protected by trademark, unfair
competition and other laws of Ireland (and elsewhere) and may not be copied or
imitated in whole or in part, by any means, including but not limited to the
use of framing or mirrors. None of the RMW Content may be retransmitted without
our express, written consent for each and every instance.
you believe that your content has been copied on the RMW Website and/or the RMW
Platform in a way that constitutes copyright infringement, please provide us
with notice, including (i) a description of the copyrighted work that has been
infringed and the specific location on the RMW Website and/or the RMW Platform
where such work is located; (ii) a description of the location of the original
or an authorised copy of the copyrighted work; (iii) your address, telephone
number and e-mail address; (iv) a statement by you that you have a good faith
belief that the disputed use is not authorised by the copyright owner, its
agent or the law; (v) a statement by you, made under penalty of perjury, that
the information in your notice is accurate and that you are the copyright owner
or authorised to act on the copyright owner’s behalf; and (vi) an electronic or
physical signature of the owner of the copyright or the person authorised to
act on behalf of the owner of the copyright interest.
in violation of any such laws.
RMW and the RMW Platform may contain links to third-party websites
("External Sites”). These links are provided solely as a convenience to
you and not as an endorsement by us of the content on such External Sites. The
content of such External Sites is developed and provided by others. You should
contact the site administrator or webmaster for those External Sites if you
have any concerns regarding such links or any content located on such External
Sites. We are not responsible for the content of any linked External Sites and
do not make any representations regarding the content or accuracy of materials
on such External Sites. You should take precautions when downloading files from
all websites to protect your computer from viruses and other destructive
programs. If you decide to access linked External Sites, you do so at your own
with Applicable Laws
RMW Website and the RMW Platform are based in Ireland. We make no claims
concerning whether the RMW Content may be downloaded, viewed, or be appropriate
for use outside of Ireland. If you access the RMW Website, the RMW Platform or
the RMW Content from outside of Ireland, you do so at your own risk. Whether
inside or outside of Ireland, you are solely responsible for ensuring
compliance with the laws of your specific jurisdiction.
and Reproducing RMW
are permitted to use the RMW Website for your own purposes and to print and
download material from this RMW Website provided that you do not modify any
content without our consent. Material on this website must not be republished
online or offline without our permission.
copyright and other intellectual property rights in all material on this RMW
Website are owned by us or our licensors and must not be reproduced without our
to paragraph 2.18, no part of the RMW Website may be reproduced without our
prior written permission.
take all reasonable steps to ensure that the RMW Website is available 24 hours
every day, 365 days per year. However, websites do sometimes encounter downtime
due to server and other technical issues. We will not be liable if this website
is unavailable at any time.
RMW Website may be temporarily unavailable due to issues such as system
failure, maintenance or repair or for reasons beyond our control. Where
possible we will try to give Visitors and Registrants advance warning of
maintenance issues but shall not be obliged to do so.
TERMS AND CONDITIONS APPLICABLE TO CUSTOMERS
may be rented or purchased for use by individuals under 18 years of age, but we
rent and sell only to adults aged 18 or older, who may rent or purchase
Inventory Items with a payment card or other approved payment method. By
agreeing to these Terms and Conditions, you represent that you are 18 years or
older and that you are authorised to use the chosen payment method (including,
without limitation, credit cards) for the purpose of renting or purchasing the
Inventory Items as described in these Terms and Conditions.
acknowledge and agree that we may place limits on the rental or purchase of
Inventory Items, including but not limited to restricting orders placed under a
single customer account, payment card or billing or shipping address. We
reserve the right to limit, cancel or prohibit any rentals or sales of
Inventory Items for any reason in our sole discretion, including but not
limited to availability and geographic concerns.
deliveries will be facilitated by the Lender/seller and sent to you by the
first day of your rental period, or within a week of your purchase of an item.
Any issues with not receiving your item on time should be reported to RMW admin
as soon as possible.
will be entitled to make payments for Inventory Items via STRIPE. For users of
STRIPE, the STRIPE Connected Account Agreement, which includes the STRIPE Terms
of Service (available here https://stripe.com/gb/legal) (together the
"STRIPE Services Agreement”) is applicable to you and by accepting these
Terms and Conditions you are agreeing to be bound by the STRIPE Services
Agreement as well. By agreeing to make a payment via STRIPE, you represent and
warrant to us that any details and information you provide to us are neither
fraudulent nor inaccurate and you authorise us to share such details and
information with STRIPE.
you do not pay the amounts you owe to us when due, then we may need to
institute collection procedures. You agree to pay our costs of collection,
including without limitation reasonable legal fees.
following additional conditions apply to Renters for the rental of any
rental fee ("Rental Fee”) for a rented Inventory Item will be the total of
the rental charges including the delivery charges . When you place your rental
order for an Inventory Item, you hereby authorise us (or our payment services
provider) to charge your payment card for the Rental Fee. We will charge your
payment card the amount of the Rental Fee immediately upon your rental order. A
reservation of an Inventory Item on the RMW Website is an order for the rental
of that Inventory Item, regardless of how far in advance that Inventory Item is
addition, you hereby authorise us (or our payment services provider) to, charge
your payment card for an amount equal to 100% of the then current market
replacement value of the Inventory Item (when new) set forth on the RMW Website
or RMW App or otherwise determined by RMW in its sole discretion (the
"Replacement Value”) You should not place a rental order for an Inventory
Item unless you have sufficient funds in the account to which the payment card
relates to cover the Replacement Value as well as the Rental Fee. We reserve
the right (and you hereby authorise us to) charge your payment card for any
amount up to the Replacement Value of the Inventory Item at any time where such
amount is due and payable under these Terms and Conditions.
The Lender/seller agrees to pay RMW 15% commission fee on any rental or sale of
an item through the RMW platfrom, this fee will be deducted from the amount
paid by the renter/buyer directly by RMW and remainder of fee will then be paid
to the Lender/seller via Stripe within one week of the end of the rental
period, or within one week of the sale of an item (allowing for returns)
may only cancel your rental order if you submit a cancellation request by email to email@example.com. Your
email must be clearly headed with the words "CANCELLATION OF RENTAL ORDER”
in the subject line.
Rentals cancelled within 1 week of start date of rental period are refundable
by credit note only.
Rentals cancelled within 24 hours of start date of rental period are non
Rentals cancelled within 12 hours of first booking the rental can be cancelled
for full refund
3.14 Upon delivery, you bear
responsibility for the Inventory Item.
3.15 You acknowledge that a
Secure Shipping Address is highly recommended. A "Secure Shipping Address”
means a location where an individual can physically receive Inventory Item(s).
If an un-secure shipping address is provided, RWM does not bear liability for
Inventory Items left unattended. Furthermore, you acknowledge that providing
anything other than a Secure Shipping Address may result in delivery delays and
additional delivery fees for which RMW will not be liable. You will be liable
for all such delays and additional delivery fees. We will not deliver Inventory
Items (or any correspondence) to PO Box addresses in Ireland.
Use of the
3.16 The Inventory Items set to
you should be be clean and delivered ready to wear. If you have any issue with
the condition of an item when you receive it, you must notify us on that day it
arrives in order for a resolution to be sought. We may ask you for photographic
proof of the item and where it is warranted a full refund will be given. Use of
the Inventory Item is at your own risk and RMW shall not be held liable for any
health-related complaints associated with any Inventory Items.
3.17 You agree to treat the
Inventory Item with great care and to return it to to the Lender in the same
condition as it was in when you received it (except for normal cleaning which
is the responsibility of the Lender) Excessive staining or damage to the item
will result in repair costs being sought or if the item. If it is unrepairable
the replacement value will be sought and you as a renter agree to this You are
responsible for loss, destruction or damage to the Inventory Item due to theft,
mysterious disappearance, fire, major stains or any other cause. If an item is
damaged beyond repair or is lost or stolen then you agree that we shall charge you, and
you shall pay, for the price for repairing or replacing the Inventory Item, as
determined in our discretion, up to the Replacement Value for the Inventory
Item (on top of any applicable Rental Fees).
3.18 Renters shall not allow any
other individual to wear or use rented Inventory Items in any way. In the event
any damage is done to the Inventory Items or the Inventory Items are lost
during the time of their rental by a Renter rents the Inventory Items, the
Renter is responsible for paying the applicable damages which may include the
full Replacement Value of the damaged or lost Inventory Items (on top of any
applicable Rental Fees).
3.19 When you rent an Inventory
Item, your rental period will commence on your Expected Delivery Date and will
last for the period you have agreed with RMW at the time of rental. The last
day of this period is referred to as the "Return Date”. It is your
responsibility to ensure your rented Inventory Items are posted back to the
Lender by the Return Date. You as the renter are responsible for return postage
costs of the item
3.23 You may extend your order for an Inventory Item by email to RMW; provided
that any extensions are subject to other orders for that Inventory Item and to pre-
payment of the additional Rental Fee applicable to that Inventory Item for the period
of time of the extension.
3.24 If you return an Inventory Item late a late fee of €15.00 per day will be charged
to the payment card you used to pay the Rental Fee or to any other payment card
included in your account information that you have provided to RMW for every day
that you are late returning the Inventory Item, and you agree to pay such late fees, up
to an amount not to exceed 100% of the Replacement Value (plus any applicable
Rental Fees). The daily late fee is payable for each order of Inventory Items of which
one or more items is not returned when due, not for each Inventory Item. If you have
not returned an Inventory Item within seven (7) days after the Return Date for the
Inventory Item, your late return will be considered a non-return and RMW will charge
to your payment card the Replacement Value of the Inventory Item, less any late fees
that you have already paid (but in addition to any Rental Fees).
3.25 RMW will not charge you for more than an amount equal to 100% of the
Replacement Value plus the Rental Fee, in the aggregate, for any charges arising
under this Section. If you pay RMW an amount equal to 100% of the Replacement
Value, plus any applicable Rental Fees, and you still possess the Inventory Item, the
Inventory Item is yours to keep, though on an "AS IS” basis without warranty of any
kind. For the avoidance of doubt, the limitations of this clause shall not apply to the
Rental Fee, which is charged separately from, and in addition to, any other charges
payable by you pursuant to this Section.
3.27 The following are the limited warranties RMW provides in connection with
Inventory Item rentals. RMW’s liability to you for failure to comply with any of these
warranties is limited to timely delivery of an Inventory Item conforming to the
warranties or a refund of the Rental Fee (excluding delivery charges) as determined
3.27.2 Sizing Returns. If your Inventory Item does not fit you, then you may return
the Inventory Item to RMW within 24 hours (excluding Sundays and public holidays)
of the date you received the Inventory Item by contacting us at
admin@rentmywardrobe and returning the Inventory Item in accordance with the
return procedures above (a "Sizing Return”). RMW will then offer you a 100% credit note of the Rental Fee (less delivery charges) of the
Inventory Item, so long as the Inventory Item has not been worn (to be judged in
RMW’s sole discretion).
The following additional conditions apply to the sale of any Inventory Item.
Sales of Inventory Items on "As Is” basis.
3.28 You acknowledge and agree that only those Inventory Items designated by
Lenders on the Website RMW as available for purchase are eligible for purchase by
you – some Inventory Items are available for rental only. all Inventory Items are sold
on an "as is” basis, without any warranty whatsoever, and all Inventory Item sales are final, save as set out under "Returns” below. The should arrive to you clean and ready
3.29 The purchase price ("Purchase Price”) for the Inventory Items will be the
purchase fee and delivery charges listed on the Website RMW in connection with
your purchase of the Inventory Items. The Purchase Price is as listed on the RMW
Website at the time of purchase. A Lender reserves the right to alter the Purchase
Price, discount, or availability of any particular Inventory Item at its discretion and
without notice. Upon your purchase order for an Inventory Item, you hereby authorise
RMW (or our payment services provider) to charge your payment card for the
Purchase Price. We (or our payment services provider) will charge your payment
card the amount of the Purchase Price immediately upon your purchase order.
3.30 If you have made a purchase order and decide to return the Inventory Item you
have purchased (excluding items booked in the calendar booking system), you must
notify RMW of such decision within a period of 24 hours from the date of your
receipt and you have 7 days to return the relevant Inventory Items. You must then
return the relevant Inventory Items, at your expense, to the Seller and provide a
tracking number. Address details for returns will be provided once you have
contacted the Customer Support team. On receipt of the relevant Inventory Items,
RMW will then issue you a full refund of the Purchase Price (less delivery of the
Inventory Item, so long as the Inventory Item, has not been worn.
3.31 Returns will not be accepted, and refunds will not be issued, if RMW determines,
in its sole discretion, that the relevant Inventory Items have been worn, are damaged
or otherwise in a worse condition than they were in when despatched
3.32 Returns will not be accepted of intimate Inventory Items (such as underwear
and bathing/swimming-related items) or where RMW determines that a return would
be inappropriate on grounds of health, safety or hygiene (such as earrings for
3.33 All returns to Lenders should be dispatched using a trackable method of
delivery. If a track number cannot be provided and the return is not received by the
Lender the customer will be liable for the full replacement value of the Inventory
4 TERMS AND CONDITIONS APPLICABLE TO LENDERS
FAKE, COUNTERFEIT AND STOLEN INVENTORY ITEMS.
4.12 The Vendor hereby represents and warrants that that he/she has no reason to
believe that any Inventory Item is fake, counterfeit, or stolen.
4.13 If any Inventory Item from the Vendor is found to be fake, counterfeit or stolen
and RMW is found liable for the sale of the fake, counterfeit or stolen Inventory Item,
or if RMW incurs any liability from such an item, the Vendor acknowledges that the
indemnification provisions set forth under 'Lenders’ Representations and Warranties
and Indemnification” shall apply. The Vendor’s personal information may be
requested by law enforcement personnel, rights owners or their representatives
looking to trace the origin of the stolen or counterfeit items. The Vendor
acknowledges and agrees that it is RMW’s policy that RMW may provide such
information in its sole and absolute discretion.
LISTING ON THE RMW PLATFORM
4.16 The listing of any Inventory Item on the RMW Platform shall be and shall at all
times remain at the sole discretion of RMW. RMW shall in its sole discretion decide
whether or not to list any Inventory Item and shall be entitled at any time and for any
reason to withdraw any such listing.
4.17 Rental and Sale Prices are set at the sole discretion of the Lender. While RMW
representatives are on hand to offer guidance as to a suggested rental and sale
price, ultimately the final decision on the setting and/or acceptance of the rental and
sale price for any Accepted Item will be the sole discretion of the Lender.
4.18 The Vendor acknowledges that RMW will designate the product category for
any marketing or sales efforts in RMW’s sole and absolute discretion.
4.19 The Vendor agrees that RMW shall have the right to make use of all Inventory
Items (including images thereof) for the purposes of or in connection with internal
and external communications and marketing, such as press releases, media events
and publications and photo shoots and hereby consents to RMW doing so. For the
avoidance of doubt, any and all intellectual property comprised in any such images,
press releases and communications shall reside with RMW and the Vendor shall
have no rights in relation thereto.
4.19.1 The purchase price ("Purchase Price”) for the Inventory Items will be the
purchase fee and delivery charges listed on the RMW Website in connection with
your purchase of the Inventory Items. The Purchase Price is as listed on the RMW
Website at the time of purchase. Upon your purchase order for an Inventory Item, you
hereby authorise RMW (or our payment services provider) to charge your payment
card for the Purchase Price. We (or our payment services provider) will charge your
payment card the amount of the Purchase Price immediately upon your purchase
WITHDRAWAL OF LISTING
4.21 In circumstances where, at any time, RMW determines that an Inventory Item is
unlikely to generate sufficient further interest for rental or sale on the RMW Platform
or otherwise decides to withdraw the relevant Inventory Item from listing, RMW will
notify the Vendor of such withdrawal (a "Withdrawal Notice”).
COMMISSIONS AND PAYMENT
4.26 The payment of the Sales Commission to the bank account stipulated by the
Vendor shall be Vendor’s sole compensation under these Terms and Conditions in
relation to the sale of any Inventory Item. The Sales Commission shall reflect all
applicable promotions and/or other discounts applied directly to or associated with
a sold Inventory Item.
4.27 Sales Commission payments will be made to the bank account stipulated by
the Vendor within 2 weeks of the sale completing, to allow for the possibility of the
return of the item from the buyer.
4.28 Upon the successful rental of any Inventory Item, the Vendor will receive from
RMW payment the net rental fee less 15% commission for the relevant Item,
4.29 The payment of the Rental Commission to the bank account stipulated by the
Vendor shall be Vendor’s sole compensation under these Terms and Conditions in
relation to the rental of any Inventory Item. The Rental Commission shall reflect all
applicable promotions and/or other discounts applied directly to or associated with
a rented Inventory Item.
4.30 Rental Commission payments will be made to the bank account stipulated by
the Vendor within one week of the commencement of the rental period.
Lender’s Representations and Warranties; Indemnification
4.36 The Lender represents and warrants that:
4.36.1 the Lender is the sole legal owner of each Presented Item; and
4.36.2 the Lender obtained each Presented Item in a legal manner with clear title.
The Lender warrants and represents that any description of any Inventory Item is
true, and accurate and not misleading (including by omission) and there are no
defects have been discovered in the item(s) that Lender has not disclosed.
4.37 The Lender further warrants that:
4.37.1 No Inventory Item infringes upon or violates any trademark, copyright, or
other proprietary right of any third party, any applicable law or regulation;
4.37.2 all Inventory Items listed on the RMW website are authentic; and
4.37.3 the Lender has not made any misrepresentations with respect to the
authenticity of any Presented Item.
4.38 In the event that any Inventory Item or description listed by the Lender on the
RMW Platform is deemed to be disingenuous by the trademark holder of the good,
the Lender shall assume all liability with respect to the disingenuous and infringing
good(s). Furthermore, the Lender hereby agrees to release, hold harmless, defend,
and indemnify RMW and its officers, directors, shareholders, agents, and employees
from any and all liability, including legal fees and costs, with respect to any claims
that may arise out of RMW’s display, transport or sale of any Inventory Item for any
reason whatsoever, including but not limited to civil or criminal suits over
authenticity, legality, ownership, infringement of copyright or trademark, or any other
claim or litigation.
4.39 The Lender further represents and warrants that no rights of any third parties or
trademark holders will be violated by the Lender’s agreement to these Terms and
Use of RMW Website and RMW Platform
4.40 As a Lender you agree to defend, indemnify, and hold harmless Rent My
Wardrobe Parties (as defined in Section 5 below) from and against any claims,
actions, or demands, including, without limitation, reasonable legal and accounting
fees, arising or resulting from: (i) your breach of these Terms and Conditions; (ii)
your misuse of the RMW Website and/or the RMW Platform; and (iii) your violation of
any third-party right, including without limitation any copyright, trademark, property,
or privacy right.
4.41 You will not use the RMW Website and/or the RMW Platform to find a customer
and then complete the transaction offline in order to circumvent paying Rent My
Wardrobe for the use of the RMW Platform.
4.42 Other than listing, selling and making available for rent Inventory Items in
accordance with these Terms and Conditions, you will not use the RMW Platform to
engage in any commercial activities, including, without limitation, raising money;
advertising or promoting a product, service, or company; or engaging in any pyramid
or other multi-tiered marketing scheme.
5 NO WARRANTIES/LIMITATION OF LIABILITY
NONE OF RENT MY WARDROBE, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "RENT MY
WARDROBE PARTIES”) ENDORSE OR RECOMMEND ANY INVENTORY ITEMS,
VENDORS OR CUSTOMERS.
NONE OF THE MY RENT WARDROBE PARTIES HAS ANY RESPONSIBILITY OR
LIABILITY WITH RESPECT TO ANY GOOD(S) YOU RENT THROUGH THE PLATFORM
OR ANY RESULTS CAUSED BY USING SUCH GOOD(S), INCLUDING WITHOUT
LIMITATION, ANY DEATH, OR BODILY INJURY YOU MAY SUFFER.
THE RMW WEBSITE, THE RMW PLATFORM, AND THE RMW CONTENT ARE
PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES
OF ANY KIND, SAVE AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY
WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE,
OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW CLAIMS:
(I) NONE OF THE RENT MY WARDROBE PARTIES SHALL BE LIABLE FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM
THE USE OR INABILITY TO ACCESS AND USE THE RMW WEBSITE, EVEN IF SUCH
RENT MY WARDROBE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT
OF YOUR USE OF THE RMW WEBSITE, THE RMW PLATFORM SHALL BE LIMITED TO
THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE RMW
PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE
EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES
IN THIS SECTION MAY NOT APPLY TO YOU.
THE RMW WEBSITE AND THE RMW PLATFORM MAY CONTAIN TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT
RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS
LISTED ON THE RMW WEBSITE AND THE RMW PLATFORM. THE RMW WEBSITE
AND THE RMW PLATFORM MAY CONTAIN INFORMATION ON TYPES OF
INVENTORY ITEMS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE
TO AN INVENTORY ITEM ON THE RMW PLATFORM DOES NOT IMPLY THAT SUCH
INVENTORY ITEM IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO RENT IT
OR BUY IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR
IMPROVEMENTS TO THE RMW WEBSITE AND THE RMW PLATFORM AT ANY TIME
6 TERMINATION OF THESE TERMS AND CONDITIONS
6.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate
these Terms and Conditions and your access to all or any part of the RMW Website,
and/or the RMW Platform, at any time and for any reason without prior notice or
liability. Notwithstanding the termination of these Terms and Conditions, the
following provisions shall remain in full force and effect:
6.1.1 The RMW Platform – Intellectual Property;
6.1.2 Terms and Conditions Applicable to Customers – Rentals – Rental Fee;
Cancellation Policy; Late Fees; Limited Warranties;
6.1.3 Terms and Conditions Applicable to Lenders – Lender’s Representations and
Warranties; Indemnification; Risk of Loss
6.1.4 No Warranties/Limitation of Liability
6.1.5 Termination of these Terms and Conditions
6.2 We reserve the right to change, suspend, or discontinue all or any part of the
RMW Website and/or the RMW Platform at any time without prior notice or liability.
Communications to Us
7.1 Although we encourage you to e-mail us, we do not want you to, and you should
not, e-mail us any content that contains confidential information. With respect to all
e-mails you send to us, including but not limited to, feedback, questions, comments,
suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or
techniques contained in your communications for any purpose whatsoever, including
but not limited to, the development, production and marketing of products and
services that incorporate such information.
Communications from Us
7.2 You consent to receive communications from us, including email, text messages,
calls, and push notifications, including for the purposes of notifying you about the
status of your order, sending you reminders, facilitating secondary authentication,
and providing other information. We may contact you by telephone calls or text
messages, including by an automatic telephone dialling system, at any of the
telephone numbers provided by you. Standard message and data rates charged by
your mobile carrier may apply to the text messages we send you. You may opt out of
receiving communications by following the unsubscribe procedures we provide to
you by emailing firstname.lastname@example.org. You acknowledge that opting out of
receiving communications may impact your use of the RMW Platform.
8.1 These Terms and Conditions are governed by the laws of Ireland.
8.2 Our failure to act on or enforce any provision of these Terms and Conditions
shall not be construed as a waiver of that provision or any other provision in these
Terms and Conditions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these
Terms and Conditions constitute the entire agreement between you and us with
respect to the subject matter, and supersedes all previous or contemporaneous
agreements, whether written or oral, whether written or oral, between the parties.