The domain name https://www.datemycloset.com (hereinafter referred to as the “website”) and the App is owned by Verdizen Softech Private Limited, a Company incorporated under the Companies Act, 2013 having its registered office at 5-B Fairy Manor, Rustom Sidhwa Marg, Mumbai 400001.
Items rendered for sale/ hire on this App and Website may be used and worn by individuals who are below 18 years of age, but, rentals and all other payments should necessarily be made by persons who are 18 years of age or above. If a Minor (person below 18 years of age) wishes to use or transact on this App and Webite, such use or transaction shall be made by his/ her legal guardian or parents on this App and Website. The App Owner / Website Owner reserves the right to terminate the membership and/ or refuse to provide the App User / Website User with access to this App / Website if it is brought to App Owner’s / Website Owner’s notice or if it is discovered that the App User / Website User is under the age of 18 years or is incompetent to enter into a legally binding Contract according to the provisions of the Contract Act.
The parties to this agreement are the lessor and the lessee where Date My Closet or Verdizen Softech Private Limited Or the company is the Lessor & the customer who wishes to rent the apparel or accessory (either western wear or ethnic wear) is the lessee or “you”. By renting any apparel or accessory on datemycloset.comor the Mobile Apps owned by Date My Closet you agree to be bound by these general terms and conditions of the company. The terms of the rental agreement are as follows:
NATURE OF CONTRACT:
Here the rights to use the product are transferred to you on payment of the rent to Date My Closet and thus you are the deemed owner of the usage rights of the good. In no way this contract signifies that the good belongs to you on a permanent basis, the same have to be returned in a condition similar to the condition in which it was delivered to you. As per the MVAT Act, this is transfer of usage rights to you.
TENURE OF CONTRACT:
Contract has a period that is equivalent to the tenure of the contract that has been chosen by the customer while placing the order. The return date is fixed and is imprinted on the proforma invoice, the apparel / accessory has to be returned in as-is condition, by the return date, as was delivered to the customer by Date My Closet .
USER ACCOUNT AND REGISTRATION
The App User / Website may need not register himself/ herself to navigate through this App / Website, but, is required to register himself/ herself on this App/Website by making an Account on this App/Website, called as the “Date My Closet Account” for availing all/some of the services provided by this App/ Website, including, but not limited to renting of the products available on this App / Website. The App User / Website user shall be allowed to rent the products displayed on this App / Website or avail any of the services provided by this App / Website, only after registering himself/ herself on this App / Website. App User/ Website User shall maintain the privacy and confidentiality of the information provided by him/ her for registering himself/ herself on this App / Website called the “Account Information” including, but not limited to the Display Name and the Password. The App User / Website User shall be solely liable and responsible for the correctness of the Account Information being provided by him/ her.
The App User / Website User may also register by logging into his/ her account with a third party social networking Sites, including, but, not limited to Facebook and Instagram. The App User / Website User may choose to link his/ her Date My Closet Account with third party accounts, by either Providing App User’s / Website User’s third party account information to this App/ Website on Date My Closet Account, or Allowing the App Owner /Website Owner to access the App User’s /Website User’s third party account on the social networking site, as is permitted under the applicable terms and conditions that govern the App User’s / Website User’s use of each of the third party account on the social networking Site.
The App/Website User’s relationship with the Third Party Service Provider associated with the App /Website User’s Third Party Account on the applicable social networking site(s) is solely governed by the App /Website User’s agreement(s) with such Third Party Service Provider. The App /Website Owner does not review any of the information provided by the App/Website User to such Third Party Account on the applicable social networking site(s) for any purpose, including, but not limited to, for accuracy, legality or non-infringement and the App/Website Owner is not responsible for any information which the App/Website Owner uses from the Third Party Account.
The refundable deposit, if any, has to be paid in full while accepting the delivery for the placed order. The affiliates of Date My Closet completing the delivery will hand over a proforma invoice with the payment details chosen by the customer. The invoice / receipt would be mailed to you electronically on successful completion of the order.
There are no charges for delivery and pick-up, However Date My Closet may start charging for the extra service at any point in future. The deposit, if any, is a refundable & interest free amount, billed to you at the time of delivery or at the time of confirming the order online and will be subject to refund only post successful verification of the quality of the apparel returned to Date My Closet .
The deposit, partially or in full, may be retained if the apparel is damaged beyond repair i.e. can’t be repaired or the cost of repairs being very high.
Lessee has to be present at the agreed date and time at the specified address given while placing an order with Date My Closet.
Accepted apparel/accessory cannot be returned without the fee being charged for. Once you have accepted the delivery, no request on refunds, alterations, exchanges may be entertained, however the decision of Date My Closet would be considered final.
Though we do quality checks at our end before delivery, the lessee is expected to see if there are any damages and report the same to representative of lessor so that an exchange may be arranged. Date My Closet does not guarantee that the same apparel/accessory would be made available for exchange.
One signed copy of the pro-forma invoice is to be kept by each party.
At the time of delivery, the apparel/accessory would be collected in the containers provided by Date My Closet and will not be checked until they reach the warehouse of the company. In case of damages, the company will inform you of the damages and would take specific actions on retaining the deposit, an invoice will be given to you for the same.
The Lessee agrees to pay for any damage to, loss of, or any theft (disappearance) of apparel/accessory , regardless of cause or fault.
Minor wear and tear is accepted and will be ignored, on consideration and acceptance by Date My Closet.
Any damage that results in the product being unusable will result in the deposit amount being charged to the lessee.
Stains on apparel/accessory which are not removable via dry cleaning / cleaning will result in deposit amount being charged to the lessee. The extent of damage would be ascertained by comparing against the apparel as was delivered to you by Date My Closet. Any variation showing damages, if ascertained as not caused by normal wear and tear, would result in the deposit being retained.
If the apparel / accessory quality check is complete without any reports on wear and tear and damage to the apparel, the whole amount of refundable deposit will be refunded to the Lessee without any interest within 7 working days. It is clarified that any cancellation of the Order(s) made by the App/Website User for any of the product(s) shall be subject to the Return and Cancellation Policy. All the provisions of the Return and Cancellation Policy shall govern any of the cancellation requests made by the App/Website User in relation to any of the Order(s) placed by him/ her.
USE OF THIS SITE
The App/Website User shall at all times while accessing, uploading and/ or using the services of this App/Website shall abide by the following principles :
App/Website User shall not host, display, upload, modify, publish, transmit, update or share any information, including but not limited to, content, image or graphic, which:
belongs to another person and to which the App /Website User does not have any right to;
is grossly false, inaccurate, harmful, harassing, abusive, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing in any manner, whatsoever;
is misleading or harms minors in any way;
is patently offensive to the online community, such as sexually explicit content or provides material that is violent or otherwise inappropriate or solicits personal information from anyone or provides content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
infringes upon or violates any third party’s rights, including, but not limited to, intellectual property rights, which includes patents, trademarks, copyrights or other proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides information violating someone’s privacy, or provides or creates computer viruses;
contains video, photographs, or images of another person, without that person’s consent; impersonates another person;
tries to gain unauthorized access or exceeds the scope of authorised access to the App or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other App Users;
violates any law for the time being in force;
deceives or misleads the addressee and/ or other App/Website Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting for any other nation.
The App/Website User shall not create liability for the App/Website Owner or cause the App/Website Owner to lose (in whole or in part) the services of App /Website Owner’s internet service provider (“ISPs”) or other suppliers;
The App/Website User shall at all times abide by the requirements of the Information Technology Act, 2000 (hereafter referred to as the “IT Act”) and the rules, regulations, policies, guidelines, bye laws and notifications made thereunder and/ or any law which is applicable for the time being in force while uploading any content, accessing, or using the services offered by this App/Website. The App/Website User shall unequivocally declare that in case of violation of any of the provisions of the IT Act and/ or rules, regulations, bye-laws, policies, guidelines and notifications made thereunder and/ or any law which is applicable for the time being in force, the App/Website User shall be solely responsible at his/ her own costs for all acts, deeds and things and the App/Website User shall be liable for any kind of civil or criminal liability there under.
CONTENT ON THIS SITE
This App/Website may contain references/ links to Third Party Websites/ Resources, including but not limited to, products, services or other content. The App/Website User acknowledges that the App Owner is not liable in any manner, whatsoever, for any of such content, which includes the availability and/ accuracy of such websites/ resources and the content, products or services offered by such websites/ resources as may be displayed on this App/Website or that the App/Website User may be re- directed to while accessing this App or availing the services offered by this App/Website. It is hereby clarified that the references/ links to such Third Party Websites/ Resources, which may be displayed on this App/Website, are not owned, operated or controlled by the App/Website Owner and it does not imply any endorsement by the App/Website Owner. The App/Website Owner shall not be liable for any of the privacy practices of the Third Party Website(s)/ Reference(s).
The App/Website User is required to provide a valid phone number, credit card/debit card details, accurate and full Shipping Address in order to avail the Services provided by the App /Website Owner, including and not limited to, placing orders for renting or purchasing the Products displayed on this App/Website. By registering the phone number with the App/Website Owner, the App/Website User consent to be contacted by the App /Website Owner via phone calls and/or SMS notifications, in case of any Order or shipment or delivery related updates.
Content made available on this App/Website, including but not limited to, images, specification of the products or any comments or reviews of the App User are available on “as is” and “as available” basis and is displayed solely for informational purpose. The content made available on this App/Website shall not be relied by the App/Website User as substitutes for professional advice or services. It is hereby clarified that the App /Website Owner shall have the sole discretion to update, change or modify the content made available on this App/Website. The App/Website User exclusively agrees and acknowledges that the App/Website Owner is not liable for any non-disclosure or incomplete disclosure of any information in relation to the products displayed or the services offered by this App/Website.
It is hereby clarified that the App/Website Owner is not partnering or associated in any manner with any of the Brands or Designers specified on this App/Website. Each of the products displayed on this App/Website are exclusively owned by the App/Website Owner. The copyright, design rights and other intellectual property rights in relation to the products displayed on this App/Website are owned by the specific Brand or Designer, as the case may be and the App/Website Owner does not own or have any right in such copyright, design rights or other intellectual property rights associated with any of the products displayed on this App/Website. The products displayed on this App/Website are not provided under the authority and control of the specific Brands or Designers, as the case may be. All photographs used on this App/Website are the exclusive property of the App/Website Owner. The App/Website Owner has taken reasonable efforts to ensure that the products listed on this App/Website are authentic and original works of the specified Brand or Designer.
The App/Website User shall not make any negative, defamatory or derogatory comment(s), statement(s), review(s) about the App /Website Owner, the brand name and/ or the domain name, or otherwise engage in any conduct or action that might tarnish the image, goodwill or the reputation of the App/Website Owner.
The App /Website Owner does not guarantee that the App/Website User will always have an uninterrupted access to this App/Website and it does not warrant that the information available on this App/Website is complete, true, accurate and not misleading. Nothing on this App/Website constitutes or is meant to constitute advice of any kind. The App /Website Owner will make their best effort to provide an error free and continuously available App/Website without any dangerous elements being sent to the App/Website User’s computer, laptop, mobile phone or any other device with which he/ she is using this App/Website. However, the App /Website Owner shall not be liable to the App/Website User in any way, in relation to the content, use, electronic communication sent or otherwise anything in connection with this App/Website is free from viruses or other harmful components. The App/Website Owner cannot fully control the internet’s flow of information, it cannot ensure that they do not contain any elements that may harm the App/Website User’s computer, laptop, mobile phone or any other device with which the App/Website User is using this App/Website.
The App/Website Owner may, at its own discretion, at any time without any prior notice, take steps to ensure the security and quality of this App /Website and restrict or limit the access to this App/Website.
The App/Website Owner respects the intellectual property of others. If the App/Website User is of the opinion that any of the products displayed on this App/Website infringes his/ her copyright, then a request may be made to the App/Website Owner on the details available on this App /Website for the removal of the said product from this App/Website. The request shall be made and the same shall be processed according to the Intellectual Property Policy of this App/Website. The App/Website Owner may, at its sole discretion, take any action as it may deem fit to them.
LIMITATION OF LIABILITY
APPLICABLE LAWS AND JURISDICTION
Unless, otherwise specified, the products available and the services offered by this App/Website are solely rendered in India. The App/Website Owner makes no representation that the products on this App/Website are for use/ available in any other Country/ location other than India. The App/Website User may choose to access this App/Website from any other location, other than India, but, he/ she does this in his/ her sole discretion and the App/Website Owner shall not be responsible, in any manner, for supply/ delivery of products ordered from locations, other than India.
When the App/Website User uses this App/Website or send emails or other data, information or communication to the App/Website Owner, the App/Website User agrees and understands that he/ she are communicating with the App /Website Owner through electronic records and the App/Website User consents to receive communications via electronic records from the App/Website Owner periodically and as and when required. The App/Website Owner may communicate with the App/Website User by email or by such other mode of communication, electronic or otherwise.
All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be sent to email@example.com.