By using the Sites in any manner, including but not limited to visiting or browsing the Site, you (the “User" or “You") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Sites, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. RENT A DRESS AS A VENUE
Rent a Dress acts as a venue to allow users who comply with Rent a Dress's policies to offer and rent goods. Rent a Dress is not directly involved in the transaction between owners and customers. As a result, Rent a Dress has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of owners to rent items or the ability of customers to pay for items. Rent a Dress does not pre-screen users or the content or information provided by users. Rent a Dress cannot ensure that an owner or customer will actually complete a transaction.
Consequently, Rent a Dress does not transfer legal ownership of items from the owner to the customer.
Rent a Dress cannot guarantee the true identity, age, nationality, or sense of humor of a user. Rent a Dress encourages you to communicate directly with potential transaction partners via the tools available on the Sites. You may also want to consider using a third-party escrow service or services that provide additional user verification.
You agree that Rent a Dress is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Rent a Dress. You use the Rent a Dress service at your own risk. Rent a Dress is an Australian venue and use of its services is for Australia only. Any transaction occurring outside Australia must be disclosed to all parties of the transaction and agreed to.
2. MEMBERSHIP ELIGABILITY
Age: Rent a Dress' services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Rent a Dress may, in its sole discretion, refuse to offer access to or use of the Sites to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Sites is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Rent a Dress' services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Rent a Dress' policies as stated in the Agreement and the Rent a Dress policy documents (if existing and if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Rent A Dress, each of which is incorporated herein by reference and each of which may be updated by Rent a Dress from time to time without notice to you.
In addition, some services offered through the Sites may be subject to additional terms and conditions promulgated by Rent a Dress from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Rent a Dress of any unauthorized use of your password or any breach of security. You also agree that Rent a Dress cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Rent a Dress without Rent a Dress' express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Rent a Dress account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Rent a Dress' services are not available to temporarily or indefinitely suspended Rent a Dress members. Rent a Dress reserves the right, in Rent a Dress' sole discretion, to cancel unconfirmed or inactive accounts. Rent a Dress reserves the right to refuse service to anyone, for any reason, at any time.
3, LISTING AND RENTING
Listing Description: By listing an item on the Sites you warrant that you and all aspects of the item comply with Rent a Dress' published policies. You also warrant that you may legally rent the item. You must accurately describe your item and all terms of lease in your Rent a Dress profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing.
The fee paid for your listing is solely for that listing, and entitles your listing to remain active on our site for a period of 6 months minimum. After the 6 month period, Rent a Dress is likely to deem the listing 'expired' and remove it from the site. Please note that listings may be removed by Rent a Dress at any time. Please review section 15, "BREACH", for further information.
4. PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to Rent a Dress and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Rent a Dress.
Your Content and your use of Rent a Dress shall not:
Furthermore, you may not list any item on Rent a Dress (or consummate any transaction that was initiated using Rent a Dress' service) that could cause Rent a Dress to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.
4. USE OF IMAGES/COPYRIGHT AND CONTENT
Rent a Dress is happy to assist in the removal of any imagery that violates Australian photographic and copyright laws and regulations. Please allow 48 hours for us to remove content once it has been reported.
License: Rent a Dress does not claim ownership rights in your Content. You grant Rent a Dress a license solely to enable Rent a Dress to use any information or Content you supply Rent a Dress with, so that Rent a Dressl is not violating any rights you might have in that Content. You grant Rent a Dress a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Rent a Dress to store or re-format your Content on Rent a Dress and display your Content on Rent a Dress in any way as Rent a Dress chooses. Rent a Dress will only use personal information in accordance with Rent a Dress' Terms of Service.
As part of a transaction, you may obtain personal information, including email address, mobile phone number, and address information, from another Rent a Dress user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Rent a Dress-related communications. Rent a Dress has not granted you a license to use the information for unsolicited commercial messages, or to disseminate such information on any public platform, including Rent a Dress. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Rent a Dress user to your email or physical mail list.
Re-Posting Content: By posting Content on Ren a Dress, it is possible for an outside website or a third party to re-post that Content. You agree to hold Rent a Dress harmless for any dispute concerning this use.
5. INFORMATION CONTROL
Rent a Dress does not control the Content provided by users that is made available on Rent a Dress and, as such, does not guarantee the accuracy, integrity or quality of such Content. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
You acknowledge that Rent a Dress may or may not pre-screen Content, but that Rent a Dress and its designers shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Sites. Without limiting the foregoing, Rent a Dress and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.
You acknowledge, and consent to and agree that Rent a Dress may access, preserve and disclose your account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Rent a Dress or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Rent a Dress, its users and/or the public.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Rent a Dress, you agree to accept such risks and that to the maximum extent permitted by applicable law, Rent a Dress (and Rent a Dress' officers, directors, agents, subsidiaries, joint ventures, creators and employees), under no circumstances, will be liable in any wayfor any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed transmitted or otherwise made available on the Sites, or any acts or omissions of users on Rent a Dress. Please use caution, common sense, and practice safe renting when using Rent a Dress.
Other Resources: Rent a Dress is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Rent a Dress does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Rent a Dress shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
6. DRY CLEANING
All dresses must be dry cleaned before return, unless otherwise stated by the individual owner. Should an item fail to be appropriately cleaned before return, as stated by the owner, the owner has the right to withhold a partial, if not the entire amount of the bond, to cover the costs of cleaning. The owner may also request further compensation to the value of the cost of the owner bearing the task of cleaning the garment themselves.
If a customer agrees to hire an item, money is exchanged, and then the customer later decides they do not wish to hire the item, the owner has no obligation to return the hire price, especially in scenarios where the dress has already been given to customer and including situations where the garment does not fit, or does not suit the rentee. This is a condition as our items are extremely popular, and often clients are turned down as the item is already rented out, and we can therefore not turn down customers if the dress has not already been definitely hired out. If you are unsure whether you are interested in the garment, please ask the owner if they will allow you to organise a try on. If a try on is arranged, a customer is entitled to a refund for any reason, providing the item is not accepted at the try on, and then money is exchanged after this acceptance. For example, if a customer arranges a try on, pays for the item and tries it on and does not like it, the customer is entitled to a refund. If the customer tries on the item, confirms rental and pays for the item, the customer is not eligible for a refund after this acceptance. A change of mind is allowed at least 2 weeks prior to the event, so if the money has already been exchanged, and there is a change of mind with the event not taking place till 15 days later (for example), the dress owner is obligated to refund the full hire price and bond to the customer, unless the owner confirmed the payment was non-refundable prior to receiving the payment. However, in the situation where an item is not available to the customer at the time of their event, the customer is expected to be refunded all fees paid. This is inclusive of situations where the garment has been delayed in the post, even if the owner posted the item in advance and the item was unexpectedly delayed. Unfortunately an owner is reuqired to bear the burden of this situation, even if it is outside of their control. We recommend owner's allow for delay's when considering postage. However, if the owner contacts the customer regarding postage of the item in reasonable time, and the customer does not reply to the owner until it is too late to post the garment, or the garment arrives late due to it being posted late as the customer did not respond in time, this is the liability of the customer. E.g., if an owner contacts a customer stating they can post tomorrow, but the customer does not confirm their shipping details until two days later, and the item is posted then and arrives a day late, this is the customer's fault, as the owner attempted to post it in a reasonable time frame for the item to arrive. If the customer further responds to late for postage, after paying a non-refundable deposit, the deposit is not refundable if the item does not arrive or while not arrive in time to the customer, provided the owner contacted them to post the garment within an appropriate time frame .
Please be advised that refunds for item's listed on our website are not available at anytime, including if the customer wishes to remove their listing on our page, remove an additional feature added to their listing, or change their listing. Should a customer list an item on our site, with or without additional advertisement features, including "highlighted" or "featured" add ons, they will be subject to the cost of this, and will not be entitled to any refund of any kind, unless so deemed by Rent a Dress. Should a customer include an additional advertisement feature on our site, and wish to remove it, they can do so, but will not receive a refund for the additional amount paid for this feature. Please feel free to ask our team what the additional advertisement features are, prior to selecting them.
Please note, an owner has the right to create their own terms and conditions with regards to refunds. Owner's may state that payment is 'non-refundable'. In this situation, refunds are not eligible even if a change of mind has occurred outside the two week period.
A customer must pay for the possession and responsibility of an item, regardless of whether they end up wearing it or not. However, an item is rented out for ONE event only, and to ONE person only, unless otherwise arranged with the owner. A dress that is in the possession of a customer for a weekend cannot be lent to their friend, and worn on two occasions, even if worn by the same person, unless this is agreed by the owner. This is because as a dress is worn, it depreciates in value and faces the risk of damage and deterioration. Therefore, the hire price covers the cost of one occasion, day or event only.
If a customer damages an item beyond repair, deeming the item 'unwearable', the owner may request the customer pay for the damages at any value that is less than or equal to the RRP of the garment minus the already paid for hire fee and bond. If the owner insists on damages that equal the RRP of the item (including any already paid fees such as hire fee and bond), the customer has the right to ask for ownership over the property being disputed. If minor stains or damages are caused to the garment, decreasing it's value but allowing it to still be wearable, the owner has the right to refuse the return of the bond, or ask for minor compensation. If a dispute has arisen between the owner and the customer over the damages, i.e. whether or not the damages deem the item 'unwearable', please contact Rent a Dress.
'Unwearable': in all circumstances refers to an item that would not be worn by any reasonable person because of damages to it.
It is the customer’s responsibility to contact the owner of the item, regarding it’s return. Items must be either dropped back, or posted back to the owner by the date stated, unless other arrangements are agreed upon. Please obtain approval from the owner prior to posting an item. If no return date is stated, customers with items which are not returned within one week of the date of wear, are no longer entitled to receive their bond upon return, unless the owner has agreed to a date of return later than one week. If an item is returned later than one week, or the agreed date, an owner has the right to ask for further compensation. For example, if an item is returned late, and a future rental is cancelled because of this, the customer may be required to compensate the owner for this forgone hire fee. If an item is not returned at all, the customer who liaised with the owner and had possession of the item is liable to provide compensation to the owner. This compensation will be to any value less than, or equal to, the RRP of the item, minus any already paid fees (including hire fees and bonds, excluding postage costs). The owner will be allowed to dictate the price of the compensation, provided it's value does not exceed the previously stated value. It is the sender's responsibility to provide the receiver with appropriate tracking when an item is being shipped. For example, if a customer returns an item via postage, and no tracking is provided, the customer will be liable for the garment should it not arrive. However, if the customer provides a valid and active tracking number (i.e. the tracking number shows information e.g. lodgment of parcel, that can be tracked by the post service) then they are not liable for the garment should not arrive. Please always provide tracking information when posting garments.
It is an owner’s responsibility to provide the customer with an item that is in wearable and undamaged condition. Small stains, that are hidden or barely noticeable, are accepted. However, please disclose any minor stains that are visible externally when worn (i.e. stains on the interior lining of the fabric that cannot be seen when worn do not need to be disclosed) to the customer before they hire the item. A customer has the right to refuse to wear an item, if a reasonable person, in this position, would also view the item as unwearable. In the scenario of a marked or damaged item, it must be immediately returned to the owner, and a full refund be issued. A customer must disclose the stains in question to the owner prior to the event date of the hire. If a customer reports stains after the event date, or wearing of the item, the owner cannot determine that the stains did not occur in the customer's possession. We expect a customer to dispute an item within 24 hours of receiving it. If a customer disputes an item but does not return it until after the hire date, and no graphics of the damage in question are provided prior to the event date, or at the time of the dispute being raised, the owner has the right to refuse rental to the customer. This is because the owner has not received proof of damage prior to the rental date, or return of item prior to the rental date. In this situation, the owner has no way of determining that the item was not worn or that the damage did not occur in the customer's possession. If disputes between owner/customer occur, please send in a detailed complaint, along with photographic evidence to Rent a Dress AU, and we will determine whether the damage makes the item unwearable or not.
If an item is to be posted, please forward on a tracking number to the owner/customer. Please always include a return address of the item. This ensures that an item can be tracked, in the event it were to be lost in the mail. If an item does not arrive at it’s destination, and there were no tracking number given, the person who sent the item is responsible for the compensation of it. If an item is posted, a tracking number is provided and the item does not arrive at the destination, it is the sender's responsibility to lodge a missing parcel form with Australia Post and attempt to retrieve the item. If the item cannot be found, but the tracking number provided shows sufficient proof that the item was posted correctly by the customer, then the customer is not liable for the loss of the item, and this is now an issue with Australia Post. It is the receiver’s responsibility to provide the sender with an address that will result in safe delivery of the item if tracking is provided and the tracking is confirmed as delivered, the receiver is immediately responsible for the item. If the receiver cannot locate the parcel following delivery, it is the receiver’s liability to bear the loss of the item, as tracking states the item has been delivered.
If a bond has been used in the transaction, it must be returned on return of the item if it is in the same condition. If it is not, not all the bond may be returned. Bonds which have not be claimed after 2 weeks (14 days) after the dress owner has attempted to return it, asked for bank details etc), and the hirer has not gotten back to them, the bond cannot be claimed. Please make sure you provide your dress hirer with the appropriate bank details or arrangements when they ask. Do not expect them to chase you up for them.
UNDER NO CIRCUMSTANCES WILL THE RENT A DRESS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE RENT A DRESS CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RENT A DRESS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RENT A DRESS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE RENT A DRESS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE RENT A DRESS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF RENT A DRESS'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE RENT A DRESS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE RENT A DRESS PARTIES.
RENT A DRESS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
14. GST REQUIREMENTS
If the individual hiring out their garment is registered or required to be registered for GST under the A New Tax System (Goods and Services Tax) Act 1999, it is their responsibility to ensure the price advertised for their garment is inclusive of GST and this GST is collected by the individual.
Without limiting any other remedies, Rent a Dress may, without notice, delay or immediately remove Content, warn Rent a Dress' community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Rent a Dress suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; Rent a Dress is unable to verify or authenticate any of your personal information or Content; or Rent a Dress believes that a user is acting inconsistently with the letter or spirit of Rent a Dress' policies, has engaged in improper or fraudulent activity in connection with Rent a Dress or the actions may cause legal liability or financial loss to Rent a Dress' users or to Rent a Dress
The following discretions may (but are not limited to) warrant removal:
The removal of an owner is at the discretion of Rent a Dress AU. If you have an owner complaint, please send in your compliant to us, along with evidence, such as “screenshots” of conversations. We will determine the best way in which to deal with our owner.
16. LEGAL COMPLIANCE, TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and any Rent a Dress service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Sites (excluding any taxes on Rent a Dress' net income).