Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Wardrobe Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Wardrobe Members. If you reside in the United States, this provision applies to all disputes with Wardrobe. If you reside outside of the United States, this provision applies to any action you bring against Wardrobe in the United States. It affects how disputes with Wardrobe are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thank you for using Wardrobe!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Wardrobe (as defined below) governing your access to and use of the Wardrobe web including any subdomains thereof, and any other websites through which Wardrobe makes the Wardrobe Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Wardrobe Services"). The Application and Wardrobe Services together are hereinafter collectively referred to as the “Wardrobe Platform”. Our <Renter Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Wardrobe Platform are incorporated by reference into this.
When these Terms mention “Wardrobe,” “we,” “us,” or “our,” it refers to the Wardrobe company you are contracting with.
Any and all payment processing services through or in connection with your use of the Wardrobe Platform ("Payment Services") are provided to you by one or more Wardrobe Payments entities (individually and collectively, as appropriate, "Wardrobe Payments") as set out in the Payments Terms of Service ("Payments Terms").
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Wardrobe, you should always seek legal guidance.
Table of Contents
- Scope of Wardrobe Services
- Eligibility, Using the Wardrobe Platform, Member Verification
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Hosts
- Terms specific for Renters
- Booking Modifications, Cancellations and Refunds, Resolution Center
- Ratings and Reviews
- Damage to Item(s), Disputes between Members
- Rounding off, Currency conversion
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
- Applicable Law and Jurisdiction
- General Provisions
1. Scope of Wardrobe Services
1.1 The Wardrobe Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Wardrobe Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Renters”). Host Services include the offering of apparel and accessories for use ("Item(s)").
1.2 As the provider of the Wardrobe Platform, Wardrobe does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Wardrobe is not and does not become a party to or other participant in any contractual relationship between Members, nor is Wardrobe a broker or insurer. Wardrobe is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Wardrobe has no control over and does not guarantee
- the existence, quality, safety, suitability, or legality of any Listings or Host Services,
- the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or
- the performance or conduct of any Member or third party. Wardrobe does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Wardrobe about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when using an Item(s) and when travelling to/ returning from a Host, accept a booking request from a Renter, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Wardrobe of any Host or Listing.
1.4 If you choose to use the Wardrobe Platform as a Host (as defined below), your relationship with Wardrobe is limited to being an independent, third-party contractor, and not an employee, agent, joint-venturer or partner of Wardrobe for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Wardrobe.
1.5 To promote the Wardrobe Platform and to increase the exposure of Listings to potential Renters, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Wardrobe cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Wardrobe Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Wardrobe Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Wardrobe is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Wardrobe of such Third-Party Services.
1.7 Due to the nature of the Internet, Wardrobe cannot guarantee the continuous and uninterrupted availability and accessibility of the Wardrobe Platform. Wardrobe may restrict the availability of the Wardrobe Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Wardrobe Platform. Wardrobe may improve, enhance and modify the Wardrobe Platform and introduce new Wardrobe Services from time to time.
2. Eligibility, Using the Wardrobe Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Wardrobe Platform or register a Wardrobe Account. By accessing or using the Wardrobe Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Wardrobe may make the access to and use of the Wardrobe Platform, or certain areas or features of the Wardrobe Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to
- ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members,
- screen Members against third party databases or other sources and request reports from service providers, and
- where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the Wardrobe Platform may be subject to separate policies or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Wardrobe Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Wardrobe Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Wardrobe reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Wardrobe Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (15) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Wardrobe Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Wardrobe Account") to access and use certain features of the Wardrobe Platform, such as publishing or booking a Listing. If you are registering a Wardrobe Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Wardrobe Account using an email address and creating a password, or through your account with Facebook ("SNS Account"). You have the ability to disable the connection between your Wardrobe Account and your SNS Account at any time, by accessing the "Settings" section of the Wardrobe Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Wardrobe Account and public Wardrobe Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Wardrobe Account unless Wardrobe authorizes you to do so. You may not assign or otherwise transfer your Wardrobe Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Wardrobe Account credentials and may not disclose your credentials to any third party. You must immediately notify Wardrobe if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Wardrobe Account. You are liable for any and all activities conducted through your Wardrobe Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 Wardrobe may, at its sole discretion, enable Members to:
- create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Wardrobe Platform ("Member Content"); and
- access and view Member Content and any content that Wardrobe itself makes available on or through the Wardrobe Platform, including proprietary Wardrobe content and any content licensed or authorized for use by or through Wardrobe from a third party ("Wardrobe Content" and together with Member Content, "Collective Content").
5.2 The Wardrobe Platform, Wardrobe Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Wardrobe Platform and Wardrobe Content, including all associated intellectual property rights, are the exclusive property of Wardrobe and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Wardrobe Platform, Wardrobe Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Wardrobe used on or in connection with the Wardrobe Platform and Wardrobe Content are trademarks or registered trademarks of Wardrobe in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Wardrobe Platform, Wardrobe Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Wardrobe Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wardrobe or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Wardrobe grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to
- download and use the Application on your personal device(s); and
- access and view any Collective Content made available on or through the Wardrobe Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Wardrobe Platform, you grant to Wardrobe a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Wardrobe Platform, in any media or platform. Unless you provide specific consent, Wardrobe does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 Wardrobe may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "Wardrobetech.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Wardrobe Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Wardrobe Account is terminated or suspended for any reason. You acknowledge and agree that Wardrobe shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Wardrobe is not the exclusive owner of Verified Images, by using such Verified Images on or through the Wardrobe Platform, you grant to Wardrobe an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Wardrobe in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Wardrobe Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Wardrobe Platform. Accordingly, you represent and warrant that:
- you either are the sole and exclusive owner of all Member Content that you make available on or through the Wardrobe Platform or you have all rights, licenses, consents and releases that are necessary to grant to Wardrobe the rights in and to such Member Content, as contemplated under these Terms; and
- neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Wardrobe's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that:
- is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
- is defamatory, libelous, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person;
- promotes illegal or harmful activities or substances; or
- violates Wardrobe’s Content Policy or any other Wardrobe policy. Wardrobe may, without prior notice, remove or disable access to any Member Content that Wardrobe finds to be in violation of these Terms or Wardrobe’s then-current Policies, or otherwise may be harmful or objectionable to Wardrobe, its Members, third parties, or property.
5.9 Wardrobe respects copyright law and expects its Members to do the same. If you believe that any content on the Wardrobe Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 Wardrobe may charge fees to Hosts ("Host Fees") and/or Renters ("Renter Fees") (collectively, "Service Fees") in consideration for the use of the Wardrobe Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees will be displayed to a Host or Renter prior to publishing or booking a Listing. Wardrobe reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Wardrobe. The applicable Service Fees are due and payable and collected by Wardrobe Payments pursuant to the Payments Terms. Except as otherwise provided on the Wardrobe Platform, Service Fees are non-refundable.
7. Terms specific for Hosts
7.1 Terms applicable to all Listings
- provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability),
- disclose any deficiencies, restrictions (such as apparel/ accessory rules) and requirements that apply and
- provide any other pertinent information requested by Wardrobe. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Renter requests a booking of your Listing, you may not request that the Renter pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Wardrobe reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Wardrobe Platform may vary and depend on a variety of factors, such as Renter search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Renter, you are entering into a legally binding agreement with the Renter and are required to provide your Host Service(s) to the Renter as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.
7.2 Listing Item(s)
7.2.1 You may only list one Item(s) per Listing.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Renter's use of, an Item(s) will (i) not breach any agreements you have entered into with any third parties.
8. Terms specific for Renters
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available on the Wardrobe Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Renter Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Wardrobe Account.
8.1.2 Upon receipt of a booking confirmation from Wardrobe, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Wardrobe Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
8.2 Booking Item(s)
8.2.1 You understand that a confirmed booking of an Item(s) (“Item(s) Booking”) is a limited license granted to you by the Host to use the Item(s) for the duration of your booking, in accordance with your agreement with the Host.
8.2.2 You agree to return the Item(s) no later than the return time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you retain the Item(s) beyond the agreed upon checkout time without the Host's consent (“Overuse”), you no longer have a license to use the Item(s). You agree to pay, for each twenty-four (24) hour period (or any portion thereof) that you overuse an item(s), an additional daily fee of equal to the average weekly Listing Fee originally paid by you, up to an amount not to exceed 200% of the Retail Value of the item(s), if requested by the Host, to cover the inconvenience suffered by the Host, plus all applicable Renter Fees, Taxes, and any legal expenses incurred by the Host to retrieve the Item(s) (collectively, "Overuse Fees"). Overuse Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overuse. Wardrobe Payments will collect Overuse Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a Host, may be applied to any Overuse Fees due for a Renter’s Overuse.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Hosts and Renters are responsible for any modifications to a booking that they make via the Wardrobe Platform or direct Wardrobe customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Renter Fees and/or Taxes associated with such Booking Modifications.
9.2 Renters can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and Wardrobe Payments will provide any refund to the Renter in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Host under the applicable cancellation policy will be remitted to the Host by Wardrobe Payments pursuant to the Payments Terms.
9.3If a Host cancels a confirmed booking, the Renter will receive a full refund of the Total Fees for such booking and Wardrobe may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Wardrobe may
- keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or
- impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to Wardrobe’s Extenuating Circumstances Policy or has legitimate concerns about the Renter’s behavior.
9.5 In certain circumstances, Wardrobe may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Wardrobe's Extenuating Circumstances Policy or:
- where Wardrobe believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Wardrobe, other Members, third parties or property, or
- for any of the reasons set out in these Terms.
9.6 If a Renter suffers a Travel Issue pursuant to the Renter Refund Policy, Wardrobe may determine, in its sole discretion, to refund the Renter part or all of the Total Fees in accordance with the Renter Refund Policy.
9.7 Members may use the Resolution Center to send or request money for refunds, additional Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Wardrobe Account, and Wardrobe Payments will handle all such payments pursuant to the Payments Terms.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Renters and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Wardrobe. Ratings and Reviews are not verified by Wardrobe for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Renters and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Wardrobe’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
11. Damage to Item(s), Disputes between Members
11.1. As a Renter, you agree to treat the Item(s) with great care, as if it was borrowed from your close friend. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Item(s), excluding the Host (and the individuals the Host invites to the Item(s), if applicable). You are responsible for loss, destruction or damage to the Item(s) due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage of the applicable Product. If you return a Item(s) that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Item(s), as determined in our discretion, up to the Retail Value for the Item(s).
11.2 If a Host claims and provides evidence that you as a Renter have damaged an Item(s) ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Wardrobe, you will be given an opportunity to respond. If you agree to pay the Host, or Wardrobe determines in its sole discretion that you are responsible for the Damage Claim, Wardrobe Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Wardrobe also reserves the right to otherwise collect payment from you and pursue any remedies available to Wardrobe in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Wardrobe Host Guarantee.
11.3 Members agree to cooperate with and assist Wardrobe in good faith, and to provide Wardrobe with such information and take such actions as may be reasonably requested by Wardrobe, in connection with any Damage Claims or other complaints or claims made by Members relating to Item(s) or any personal or other property located at an Item(s) (including, without limitation, payment requests made under the Wardrobe Host Guarantee). A Member shall, upon Wardrobe's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Wardrobe or a third party selected by Wardrobe or its insurer, with respect to losses for which a Member is requesting payment from Wardrobe (including but not limited to payments under the Wardrobe Host Guarantee).
11.4 If you are a Renter, you understand and agree that Wardrobe may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Item(s) or any personal or other property located at an Item(s) (including without limitation amounts paid by Wardrobe under the Wardrobe Host Guarantee). You agree to cooperate with and assist Wardrobe in good faith, and to provide Wardrobe with such information as may be reasonably requested by Wardrobe, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Wardrobe may reasonably request to assist Wardrobe in accomplishing the foregoing.
13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, rental tax, tourist or other visitor taxes or income taxes ("Taxes").
13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Item(s) is located may require Taxes to be collected from Renters or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts ("Rental Taxes").
13.4 In certain jurisdictions, Wardrobe may decide in its sole discretion to facilitate collection and remittance of Rental Taxes from or on behalf of Renters or Hosts, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts Wardrobe or Hosts have a Rental Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Wardrobe (via Wardrobe Payments) to collect Rental Taxes from Renters on the Host's behalf at the time Listing Fees are collected, and to remit such Rental Taxes to the Tax Authority. The amount of Rental Taxes, if any, collected and remitted by Wardrobe will be visible to and separately stated to both Renters and Hosts on their respective transaction documents. Where Wardrobe is facilitating Collection and Remittance, Hosts are not permitted to collect any Rental Taxes being collected by Wardrobe relating to their Item(s) in that jurisdiction.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Wardrobe Platform. In connection with your use of the Wardrobe Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Policies;
- use the Wardrobe Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Wardrobe endorsement, partnership or otherwise misleads others as to your affiliation with Wardrobe;
- use the Wardrobe Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer, as a Host, any Item(s) that you do not yourself own or have permission to make available as a rental or other property through the Wardrobe Platform;
- unless Wardrobe explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Wardrobe Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Wardrobe Platform to request, make or accept a booking independent of the Wardrobe Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Wardrobe Platform or Wardrobe
Payments. If you do so, you acknowledge and agree that you:
- would be in breach of these Terms;
- accept all risks and responsibility for such payment, and (iii) hold Wardrobe harmless from any liability for such payment
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the Wardrobe Platform or Collective Content, or any individual element within the Wardrobe Platform, Wardrobe's name, any Wardrobe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Wardrobe Platform, without Wardrobe's express written consent;
- dilute, tarnish or otherwise harm the Wardrobe brand in any way, including through unauthorized use of Collective Content, registering and/or using Wardrobe or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Wardrobe domains, trademarks, taglines, promotional campaigns or Collective Content
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Wardrobe Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Wardrobe or any of Wardrobe's providers or any other third party to protect the Wardrobe Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Wardrobe Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Wardrobe Platform
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- impersonate any other person, including but not limited to, a Wardrobe representative
14.2 You acknowledge that Wardrobe has no obligation to monitor the access to or use of the Wardrobe Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to
- operate, secure and improve the Wardrobe Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
- ensure Members’ compliance with these Terms;
- comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
- comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
- as otherwise set forth in these Terms. Members agree to cooperate with and assist Wardrobe in good faith, and to provide Wardrobe with such information and take such actions as may be reasonably requested by Wardrobe with respect to any investigation undertaken by Wardrobe or a representative of Wardrobe regarding the use or abuse of the Wardrobe Platform
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who :
- engages in offensive, violent or sexually inappropriate behavior,
- you suspect of stealing from you, or
- engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Wardrobe by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Wardrobe terminate the Agreement in accordance with this provision
15.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the Wardrobe Platform or by sending us an email. If you cancel your Wardrobe Account as a Host, any confirmed booking(s) will be automatically cancelled and your Renters will receive a full refund. If you cancel your Wardrobe Account as a Renter, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, Wardrobe may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 Wardrobe may immediately, without notice terminate this Agreement if :
- you have materially breached your obligations under these Terms, the Payments Terms, our Policies,
- you have violated applicable laws, regulations or third party rights, or
- Wardrobe believes in good faith that such action is reasonably necessary to protect the personal safety or property of Wardrobe, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Wardrobe may take any of the following measures:
- to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if
- you have breached these Terms, the Payments Terms, our Policies, applicable laws, regulations, or third party rights,
- you have provided inaccurate, fraudulent, outdated or incomplete information during the Wardrobe Account registration, Listing process or thereafter,
- you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria,
- you have repeatedly received poor Ratings or Reviews or Wardrobe otherwise becomes aware of or has received complaints about your performance or conduct,
- you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Wardrobe Platform;
- temporarily or permanently revoke any special status associated with your Wardrobe Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your Wardrobe Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Wardrobe and an opportunity to resolve the issue to Wardrobe's reasonable satisfaction.
15.6 If we take any of the measures described above
- we may refund your Renters in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and
- you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Wardrobe Account or any of your Member Content. If your access to or use of the Wardrobe Platform has been limited or your Wardrobe Account has been suspended or this Agreement has been terminated by us, you may not register a new Wardrobe Account or access and use the Wardrobe Platform through an Wardrobe Account of another Member.
If you choose to use the Wardrobe Platform or Collective Content, you do so voluntarily and at your sole risk. The Wardrobe Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Wardrobe Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Wardrobe relating to a Listing.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Wardrobe Platform and Collective Content, your publishing or booking of any Listing via the Wardrobe Platform, your use of any Item(s), or any other interaction you have with other Members whether in person or online remains with you. Neither Wardrobe nor any other party involved in creating, producing, or delivering the Wardrobe Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with
- these Terms,
- from the use of or inability to use the Wardrobe Platform or Collective Content,
- from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Wardrobe Platform, or
- from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Wardrobe has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request under the Wardrobe Host Guarantee, in no event will Wardrobe’s aggregate liability arising out of or in connection with these Terms and your use of the Wardrobe Platform including, but not limited to, from your publishing or booking of any Listings via the Wardrobe Platform, or from the use of or inability to use the Wardrobe Platform or Collective Content and in connection with any Item(s, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Wardrobe Platform as a Renter in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Wardrobe to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Wardrobe and you.
You agree to release, defend (at Wardrobe’s option), indemnify, and hold Wardrobe and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
- your breach of these Terms or our Policies,
- your improper use of the Wardrobe Platform or any Wardrobe Services,
- your interaction with any Member, rental of an Item(s), including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use,
- Wardrobe’s Collection and Remittance of Rental Taxes, or (v) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if you
- reside in the United States; or
- do not reside in the United States, but bring any claim against Wardrobe in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. Wardrobe is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies:
- an informal negotiation directly with Wardrobe’s customer service team, and
- a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Wardrobe each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Wardrobe’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and Wardrobe mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Wardrobe Platform, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Wardrobe agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and Wardrobe each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:
- Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
- Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Wardrobe agrees that any required arbitration hearing may be conducted, at your option,
- in the county where you reside;
- )in New York County;
- in any other location to which you and Wardrobe both agree;
- via phone or video conference; or
- for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Wardrobe agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.10 Jury Trial Waiver. You and Wardrobe acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings. You and Wardrobe acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Wardrobe both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Wardrobe changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Wardrobe’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Wardrobe in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Wardrobe Platform or terminate your Wardrobe Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Wardrobe Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Wardrobe Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. Applicable Law and Jurisdiction
21.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in New York, New York, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New York, New York.
22. General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, these Terms constitute the entire Agreement between Wardrobe and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Wardrobe and you in relation to the access to and use of the Wardrobe Platform
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Wardrobe’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Wardrobe's prior written consent. Wardrobe may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Wardrobe via email, Wardrobe Platform notification, or messaging service (including SMS and WeChat).
22.9 If you have any questions about these Terms please email us.