SECTION 1: INTRODUCTION
FreshRents is an online fashion service that allows members to list, buy or borrow items for a specified price and period of time. Please read the following terms and conditions carefully before using the FreshRents Site (the “Site”) or any other services offered by FreshRents. By visiting, using, or accessing as well as any links connected to www.FreshRents.co you agree to the legally binding terms that govern the use of this Site. If you do not agree to these Terms and Conditions or do not wish to be bound by these terms, please do not use or access the Site in any way.
SECTION 2: ALTERATIONS TO TERMS & CONDITIONS
FreshRents reserves the right to modify or alternate the terms and conditions at any time without a notification. Changes will apply to any future usage or transactions that occur after such date. If you do not agree with the new Terms, you are free to reject them, understanding that you will no longer be able to use our services and Site. It is your responsibility to check this page periodically for changes. Your continued use of and/or access to the website following the posting of any changes constitutes acceptance of the new terms and conditions and you would be thereby legally bound.
SECTION 3: RENTING FROM FRESHRENTS
Section 3.1: Product Availability & Modification
You are able to rent pre-used products from FreshRents as listed for a set period of time and price. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We may also cancel your rental at our sole discretion or in cases of product damage prior to your rental period. In these cases, you will be notified and refunded the full rental amount.
Section 3.2: Charge & Delivery
You will be charged for the product at the time you reserve it on the website. You are responsible to be available at the time and location that was mutually agreed upon for your delivery. FreshRents does not bear any responsibility nor will provide a refund if the delivery is unsuccessful due to lack of self-presence. We do not warrant that the quality of any products, services, information, or other material rented or obtained by you will meet your expectations, or that any errors in the Service will be corrected. However, we will do our absolute best to minimize risk of dissatisfaction.
Section 3.3: Return Extension
You agree to return the products to FreshRents on the date set forth on the website in connection with your order in compliance with the return method selected. You may request to extend your order for a product on the website or by email to FreshRents provided that any extensions are subject to other orders for that product and to pre-payment of the additional Rental Fee applicable to that product for the period of time of the extension.
Section 3.4: Loss or Damages
It is your responsibility to return the item for rent in the condition it was given to you when you took possession, with normal wear and tear excepted. If you either: (a) fail to return an item; or (b) return an item that is damaged beyond normal wear and tear, then you agree that FreshRents will charge you, and you shall pay, for the price for repairing and/or replacing the item, as determined in our sole and absolute discretion, up to 150% of the original retail value for the item. FreshRents reserves the right to charge the credit card on file in your account. If we are unable to charge the credit card on file, you agree to remit payment for any damage to the item for rent to FreshRents via another payment method.
Section 3.5: Order Cancellation
If you cancel your order after it has been placed, you are still responsible for paying the full rental amount. FreshRents may refund up to the full price at our discretion in cases where cancellation occurred at least 24 hours prior to the rental period start date.
Section 3.6: Unlimited Package
During certain promotional periods, FreshRents may offer an ‘Unlimited Package’. This package is exclusively available for rent and not for sale items. Purchase of one package allows renting items for one person’s use only. The price, restrictions, and eligibility of this package may vary based on FreshRents discretion. After purchasing the Unlimited Package, you will be provided with a promo code that can be applied on your eligible transactions for the specified period of time. You are able to rent up to 3 items per each booking time period. Items must be returned at the appropriate booking date before additional items can be rented. FreshRents has the rights to terminate your Unlimited Package without notice or refund. Reasons for termination can include (but are not restricted to) inventory limitations, resources, and/or misuse of service. Sections 3.1-3.5 are all applicable to this package.
SECTION 4: PARTNERSHIPS
FreshRents partners with various individuals and businesses. Reasons for partnerships may include (but are not restricted to) inventory supply, added services, campaigns, or logistical efficiencies. Terms and Conditions of these partnerships are formulated and agreed upon based on mutual agreement. Full details will be disclosed in each individual Partnership Agreement.
SECTION 5: YOUR PROMISES TO FRESHRENTS
Section 5.1: User Conduct
In using the FreshRents platform, you agree not to engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
- using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the FreshRents servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that FreshRents grants the operators of public search engines revocable permission to use spiders to copy materials from FreshRents for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- using the Site in any manner to circumvent or secure a rental outside of the Service or to avoid fees payable to FreshRents in connection with your use of the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Service;
- collecting or harvesting any personally identifiable information, including account names, from the Service;
- using the Service for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- or bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Section 5.2: Age
In order to use the Site, you must be at least 18 years of age and be able to form legally binding contacts under Canadian law. If you are using our services, registering with our Site, or creating an account in order to become a member of FreshRents, you represent and warrant that: (1) you are 18 years of age, (2) you are located and reside in Canada, (3) all account information you provided is truthful and accurate. You can only use the Site for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You as a member are responsible for all activity in connection with the site.
Individuals under the age of 18 can only use the Site and services provided by the Site under the supervision of a parent or legal guardian who is at least 18 years of ago. In this case, the adult would be the member on our Site and is responsible for any and all activities of any minors.
Section 5.3 Registration & Account Information
Once you provide sign up information that we request as part of Your account, you become a member of the FreshRents community and Site. As an active member of the site, you can either become a Contributor (by requesting to and/or selling your fashion items to FreshRents) or a Renter (by requesting to and/or borrowing items listed on the Site). You agree that you will securely and solely protect your account information and password and that you will not disclose your password to any third party. You also acknowledge that you bear full responsibility for any and all activities, liability, and/or damages that you may incur on your account if you fail to securely maintain your FreshRents account information. FreshRents membership is authenticated by your account information, particularly your email address and password. FreshRents may cancel or reject any registration, close any account and withdraw member access to the Site for any reason, immediately and without notice, at its sole and absolute discretion for any suspect of false or incorrect user account information provided. Members are responsible for providing timely updates to FreshRents for any new account information. We communicate vital information via email and therefore you are responsible for keeping your account information accurate. It is your responsibility to check for emails from FreshRents regularly in order to receive updates and any important communication. You may not opt out of Service-related emails.
Section 5.4: Account Cancellation
You reserve the right to cancel your FreshRents account at any time by sending an email to firstname.lastname@example.org. FreshRents reserves the right to terminate your right to sell and/or rent products to us or from us at any time in the event of your breach of this agreement or for no reason or any other reason, in our sole discretion. We may, in our sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) limit, suspend or terminate your access to your account, our Site and/or Services: and/or (b) deactivate or cancel your FreshRents account. In the event FreshRents terminates these Terms, or your access to our Site and Services or deactivates or cancels your account you agree to remain liable for all amounts due hereunder.
Section 5.5 Account Transfer
You agree that you will not transfer, rent, sell, assign, or in any other way allow another member access to your FreshRents account. You alone are responsible for all account activities and will be held liable for loss of information or any damage to the account.
Section 5.6: Payment & Billing
You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Platform as stated in our website. FreshRents may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion. All fees and charges for your use of the Platform are non-refundable, except as may be expressly stated in these Terms & Conditions. FreshRents reserves the right to withhold payment or charge back to your account any amounts otherwise due as a result of a breach of these Terms by you, pending FreshRents’ reasonable investigation of such breach. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify FreshRents in writing within thirty (30) days of any such payment; failure to so notify FreshRents shall result in your waiver of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by FreshRents. No other measurements or statistics of any kind shall be accepted by FreshRents or have any effect under these Terms.
Section 5.7: Indemnity
You agree to indemnify and hold harmless FreshRents and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Canada or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. You will defend FreshRents from and against any such claims at FreshRents request.
SECTION 6: FRESHRENTS PROMISES TO YOU
Section 6.1 Availability of the Site
FreshRents uses reasonable efforts to ensure that the Site is available 24 hours a day, 7 days a week. However, there will be occasions when the Site may be outdated, interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of FreshRents. FreshRents will use commercially reasonable efforts to minimize such disruption where it is within the reasonable control of FreshRents. You agree that FreshRents shall not be liable to you for any modification, suspension or discontinuance of the Site or the Service. YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICE ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to the Site and any third-party fees (such as Internet service provider or airtime charges) that you incur.
Section 6.2: Exclusive ownership of rights
The Site and any software used in connection with the Site contain proprietary and confidential information that is protected by intellectual property laws in applicable jurisdictions. You acknowledge and agree that information and materials presented through the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, in whole or in part. Any commercial use of the Site, or any portion thereof, by you is strictly prohibited. FreshRents grants you a personal, non-transferable and non-exclusive right and license to use the Site on a computer or other Internet device; provided that you do not (and do not allow any third party to) copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials on the Site. You agree not to modify the Site in any manner or form, nor to use modified versions of the Site for any purpose. We do not grant any license or other authorization to any user to use our trade names, trademarks, service marks or other marks or logos or those of our partners without our separate express written agreement. Third party marks are the property of their respective owners. Any questions, comments, suggestions, or materials submitted to us through the Site will become our sole property. We will own all rights in such materials, and have the unrestricted right to use, publish and otherwise disseminate such information for any purpose, without attribution or compensation.
Section 6.3: External Links
From time to time FreshRents may provide links that will take you to third party Site. These links are provided for your convenience only. If you decide to access linked Site you do so at your own risk. FreshRents does not endorse or take responsibility for the content on other Site or the availability of other Site and you agree that FreshRents is not liable for any loss or damage that you may suffer by using other Site.
Section 6.4: Privacy
Section 6.5: Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
SECTION 7: DISCLAIMERS & LIMITATIONS
Section 7.1: Limitation of Liability
IN NO EVENT SHALL FRESHRENTS OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE SERVICES OFFERED HEREBY, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED TEN ). THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISIDICTIONS OR TO ALL USERS. IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
The Service is controlled and operated from its facilities in Toronto, Canada. FreshRents makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canada and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Canada, or are a foreign person or entity blocked or denied by the Canadian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Canada.
Section 7.2: Warranty
The information and services on this Site are provided "as is" and for informational purposes only. FreshRents makes no representations or warranties that the Site will be suitable for your needs, is complete, timely, reliable, or free from errors, inaccuracies or typographical mistakes. FreshRents disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose or non-infringement of the rights of others. We do not warrant that the Site will be free of errors or viruses, worms or other destructive or harmful code.
SECTION 8: GOVERNING LAW
Any questions, comments or suggestions, including a report of any violation of these Terms, should be provided to us at hello@FreshRents.co