Online visitors may kindly note that products listed on our web-site are sourced from our own inventory, through our brand partners and Contributors (i.e. Online visitors who list outfits owned by them on Website (as defined hereinafter) for lease). Products listed by our Contributors are identified by the caption “Rented by Contributor”. Certain terms of use listed below are applicable only for products listed by Contributors.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the website http://www.TheDressBank.com (hereinafter referred to as the “website”). This electric record is generated by a mobile phone and does not require any physical or digital signatures.
For the purpose of these Terms of Use and including the applicable policies which are incorporated herein by way of reference, wherever the context so requires “App Owner / Website Owner” and “App” and “Website” shall mean http://www.TheDressBank.com.
USER ELIGIBILITY
For the purpose of these Terms of Use and including the applicable policies which are herein by way of reference, wherever the context so requires “App User” or “User” or “he/ she” or “his/ her” shall mean any natural or legal person who is competent to enter into a legally binding Contract under the “Indian Contract Act, 1872” (hereinafter referred to as the “Contract Act”). Any person who is not competent under the Contract Act to enter into a legally binding Contract including minors, un- discharged insolvents, persons of unsound mind etc are not eligible to use this App and website. This App and website is intended for individuals who are 18 years of age or above. By accessing or using this App and website or the services rendered by this App and website in any manner, the App User and the Website User warrants that he/ she is 18 years of age or above.
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 Webite, such use or transaction shall be made by his/ her legal guardian or parents on this App and Website. The Website Owner reserves the right to terminate the membership and/ or refuse to provide the Website User with access to this Website if it is brought to Website Owner’s notice or if it is discovered that the 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.
Any person using the services rendered by this Website on behalf of any other person/ partnership concern/ proprietorship/ firm/ body corporate/ company, represents and warrants that he/ she is duly authorised by such person/ partnership concern/ proprietorship/ firm/ body corporate/ company being the User to accept these Terms of Use and including the applicable Policies which are incorporated herein by way of reference, that such person has the authority to bind the User to these Terms of Use and including the applicable Policies which are incorporated herein by way of reference.
The parties to this agreement are the lessor and the lessee where TheDressBank 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 TheDressBank.com owned by TheDressBank 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 TheDressBank 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 TheDressBank.
USER ACCOUNT AND REGISTRATION
The Website may need not register himself/ herself to navigate through this Website, but, is required to register himself/ herself on this Website by making an Account on this Website, called as the “TheDressBank Account” for availing all/some of the services provided by this Website, including, but not limited to renting of the products available on this Website. The Website user shall be allowed to rent the products displayed on this Website or avail any of the services provided by this Website, only after registering himself/ herself on this Website. Website User shall maintain the privacy and confidentiality of the information provided by him/ her for registering himself/ herself on this Website called the “Account Information” including, but not limited to the Display Name and the Password. The Website User shall be solely liable and responsible for the correctness of the Account Information being provided by him/ her.
The 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 Website User may choose to link his/ her TheDressBank Account with third party accounts, by either Providing Website User’s third party account information to this Website on TheDressBank 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 Website User’s use of each of the third party account on the social networking Site.
The Website User represents and warrants that he/ she is entitled to disclose his/ her third party account login information on the social networking site(s) to the Website Owner including, but not limited to, for the purpose described herein, without breaching any of the conditions that govern the Website User’s use of the applicable Third Party Account on the social networking site(s) and without making the Website Owner responsible in any manner, whatsoever. By granting Website Owner the access to any Third Party Account on the applicable social networking site(s), the Website User understands that the Website Owner will access, make available and store any content that the Website User has provided to and stored in the Website Owner’s Third Party Account on the applicable social networking site(s). Unless otherwise specified in the Terms of Use of this Website, all information provided by the Website User to the Third Party Account on the applicable social networking Site(s) shall be considered to be information provided by the Website User to this Website for all purposes. Depending on the privacy settings that the Website User has chosen in such Third Party Account on the applicable social networking Site(s), any personally identifiable information that the Website User posts on such Third Party Account on the applicable social networking site(s) would be available through the Website User’s TheDressBank Account. If the Website User’s Third Party Account on the applicable social networking site(s) becomes unavailable or the Website Owner’s access to Website User’s Third Party Account on the applicable social networking site(s) is terminated by the Third Party Account service provider, then in that case the content which was being accessed by the Website Owner through such Third party Account would no longer be available on this Site.
The Website User’s relationship with the Third Party Service Provider associated with the Website User’s Third Party Account on the applicable social networking site(s) is solely governed by the Website User’s agreement(s) with such Third Party Service Provider. The Website Owner does not review any of the information provided by the 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 Website Owner is not responsible for any information which the Website Owner uses from the Third Party Account.
The Website User agrees that if the Website User provides any information which is inaccurate, not current or incomplete or where the Website Owner has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use of this Website then the Website Owner shall have the right to indefinitely suspend or terminate or block access to membership of the Website User on this Website and refuse the Website User access to this Website, without assigning any reason(s), thereof.
PAYMENT POLICY
The refundable deposit, if any, has to be paid in full while accepting the delivery for the placed order. The affiliates of TheDressBank 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 TheDressBank 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 TheDressBank.
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.
DELIVERY POLICY
Lessee has to be present at the agreed date and time at the specified address given while placing an order with TheDressBank.
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 TheDressBank 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. TheDressBank 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.
PICK-UP POLICY
At the time of delivery, the apparel/accessory would be collected in the containers provided by TheDressBank 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.
DAMAGE POLICY
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 TheDressBank.
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 TheDressBank. Any variation showing damages, if ascertained as not caused by normal wear and tear, would result in the deposit being retained.
REFUND POLICY
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 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 Website User in relation to any of the Order(s) placed by him/ her.
USE OF THIS SITE
The Website User shall at all times while accessing, uploading and/ or using the services of this Website shall abide by the following principles :
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 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 unauthorised 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 Online visitors;
interferes with another Website User’s use and enjoyment of this Website or refers to any other website or URL, that in Website Owner’s sole discretion, contains material that is inappropriate for this Website or any other website, contains content which is prohibited or violates the letter or spirit of these Terms of Use. violates any law for the time being in force; deceives or misleads the addressee and/ or other Website Online visitors 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 Website User shall not create liability for the Website Owner or cause the Website Owner to lose (in whole or in part) the services of Website Owner’s internet service provider (“ISPs”) or other suppliers;
The 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 Website. The 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 Website User shall be solely responsible at his/ her own costs for all acts, deeds and things and the Website User shall be liable for any kind of civil or criminal liability there under.
CONTENT ON THIS SITE
This Website may contain references/ links to Third Party Websites/ Resources, including but not limited to, products, services or other content. The 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 Website or that the Website User may be re- directed to while accessing this App or availing the services offered by this Website. It is hereby clarified that the references/ links to such Third Party Websites/ Resources, which may be displayed on this Website, are not owned, operated or controlled by the Website Owner and it does not imply any endorsement by the Website Owner. The Website Owner shall not be liable for any of the privacy practices of the Third Party Website(s)/ Reference(s).
Any comments, feedback and/ or suggestions posted by the Website User on this Website are the sole and exclusive property of the Website Owner and the Website User assigns unequivocal and irrevocable right, title and interest including but not limited to trade secret, moral, proprietary and other intellectual rights therein, in all the comments, feedback and/ or suggestions posted by him/ her on this Website. The Website User explicitly agrees that the Website Owner has the exclusive discretion to remove any content uploaded by him/ her or restrict the publication of any content on this Website, without assigning any reasons to the Website User. The Website User hereby explicitly agrees that the Website Owner may use the content uploaded by him/ her for any purpose as it may deem fit to the Website Owner, including but not limited to, promotion, advertisement and marketing the services offered by this Website without taking any consent of the Website User and without any payment by the Website Owner in relation to such use to the Website User. It is also clarified that the content uploaded by the Website User shall be in consonance with these Terms of Use.
The 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 Website Owner, including and not limited to, placing orders for renting or purchasing the Products displayed on this Website. By registering the phone number with the Website Owner, the Website User consent to be contacted by the 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 Website, including but not limited to, images, specification of the products or any comments are available on “as is” and “as available” basis and is displayed solely for informational purpose. The content made available on this Website shall not be relied by the Website User as substitutes for professional advice or services. Website Owner expressly disclaims any warranties or representations (express or implied) in respect of quality, authenticity, suitability, accuracy, merchantability, fitness for a particular purpose, or legality of the listed product (including product or pricing information and/or specifications) on the website. It is hereby clarified that the Website Owner shall have the sole discretion to update, change or modify the content made available on this Website. The Website User exclusively agrees and acknowledges that the 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 Website.
In relation to products listed by Contributors, iIt is hereby clarified that the Website Owner is not partnering or associated in any manner with any of the Contributors and/or Brands or Designers of the products listed by Contributors specified on this Website. The products listed by Contributors and displayed on this Website are not provided under the authority and control of the specific Brands or Designers, as the case may be. The copyright, design rights and other intellectual property rights in relation to the products listed by Contributors on this Website are owned by the specific Brand or Designer, as the case may be and the 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 Website. At no time shall any right, title or interest in the products listed by Contributor vest with Website Owner nor shall Website Owner have any obligations or liabilities in respect of any transactions on the website pertaining to the products listed by Contributors.
Each of the products (other than those displayed by Contributors) displayed on this Website are exclusively owned by the Website Owner. The copyright, design rights and other intellectual property rights in relation to the products displayed on this Website are owned by the specific Brand or Designer, as the case may be and the 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 Website.
DISCLAIMER
The Website Owner does not guarantee that the Website User will always have an uninterrupted access to this Website and it does not warrant that the information available on this Website is complete, true, accurate and not misleading. Nothing on this Website constitutes or is meant to constitute advice of any kind. The Website Owner will make their best effort to provide an error free and continuously available Website without any dangerous elements being sent to the Website User’s computer, laptop, mobile phone or any other device with which he/ she is using this Website. However, the Website Owner shall not be liable to the Website User in any way, in relation to the content, use, electronic communication sent or otherwise anything in connection with this Website is free from viruses or other harmful components. The 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 Website User’s computer, laptop, mobile phone or any other device with which the Website User is using this Website.
The Website Owner may, at its own discretion, at any time without any prior notice, take steps to ensure the security and quality of this Website and restrict or limit the access to this Website.
TheDressBank is not affiliated with, endorsed or sponsored by the trademark holders of the product. The trademarks are used on the website to identify products of the respective trademark holders and to inform the customers of their source.
INDEMNITY
The Website User shall indemnify the Website Owner, its subsidiaries, representatives, affiliates, assigns, group companies, employees, directors, agents and officers against all the liabilities arising out of the use of this Website and/ or any claims, demands, expenses, liabilities (including statutory liability), penalties, damages (including but not limited to, compensatory, direct, incidental or consequential), awards, losses, costs (including, but not limited to, legal fees) or actions arising out of any applicable law or the breach or non performance of any of the provisions of these Terms of Use or any of the Policies by which this Website is governed, including but not limited to Privacy Policy, Intellectual Property Policy, Return and Cancellation Policy, Product Rental Agreement (where applicable) or due to hacking/ lapse in the security of this Website.
INTELLECTUAL PROPERTY
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Website Owner, its affiliates, its business associates or its Contributors and is protected by India and international trademark, copyright, authors rights and database right laws. The compilation of all content on this website is the exclusive property of Website Owner and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Website Owner, its affiliates or its software suppliers and is protected by India and international copyright and author rights laws.
Website User may not systematically extract/ or re-utilise parts of the contents of the website. In particular, Website User may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website.
The Website Owner respects the intellectual property of others. If the Website User is of the opinion that any of the products displayed on this Website infringes his/ her copyright, then a request may be made to the Website Owner on the details available on this Website for the removal of the said product from this Website. The request shall be made and the same shall be processed according to the Intellectual Property Policy of this Website. The Website Owner may, at its sole discretion, take any action as it may deem fit to them.
CONFIDENTIALITY
The Website User hereby agrees that he/ she shall not disclose to any third party any trade secret or confidential information pertaining to this Website, including but not limited to, services offered, products available, Website content and transaction undertaken on this Website. The provisions of the Privacy Policy of this Website shall apply in case of breach of this clause.
LIMITATION OF LIABILITY
In no case, shall the Website Owner be liable for any special, direct, indirect, incidental or consequential damages of any kind in connection with the usage or anything which is available on this Website. Notwithstanding anything, which is stated in these Terms of Use and all other policies available on this Website, in the unlikely and rare scenario, the Website User hereby acknowledges that in any event, the Website Owner’s aggregate liability with respect to the service and/ or usage of this Website shall be limited to and not exceed, the sum equivalent to the Rental Fee or the Sale Price of the single and the most recent transaction undertaken by him/ her on this Website and shall be as per these Terms of Use (excluding the Delivery Charges and/ or any other extra charges, if any).
APPLICABLE LAWS AND JURISDICTION
Terms of Use and all other policies available on this Website shall be interpreted and construed in accordance with the laws of India.
Any dispute or claim relating to products available on this Website or the services rendered by this Website , its enforceability or the termination under these Terms of Use and/ or other policies available on this App shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be appointed by the Website Owner. The place of Arbitration shall be Mumbai and the language of proceedings shall be English. The Website User and the Website Owner agree specifically to submit to the exclusive jurisdiction of the Courts of Bombay at Mumbai, India over any disputes relating to the subject matter, herein.
Unless, otherwise specified, the products available and the services offered by this Website are solely rendered in India. The Website Owner makes no representation that the products on this Website are for use/ available in any other Country/ location other than India. The Website User may choose to access this Website from any other location, other than India, but, he/ she does this in his/ her sole discretion and the Website Owner shall not be responsible, in any manner, for supply/ delivery of products ordered from locations, other than India.
GENERAL PROVISIONS:
If the Website User does not agree to any of the provisions of these Terms of Use and/ or the provisions of the other Policies available on this Website, including but not limited to, Privacy Policy, Intellectual Property Policy, Return and Cancellation Policy, Product Rental Agreement (where applicable) then the only remedy with him/ her shall be to not use/ access this Website and discontinue using the account made on this Website.
The Website Owner acknowledges and agrees that he/ she abides and is well aware of all the provisions of these Terms of Use and all the Policies available on this Website , including but not limited to, Privacy Policy, Intellectual Property Policy, Return and Cancellation Policy, Product Rental Agreement (where applicable) before placing any Order for a product displayed on this Website. The Website Owner is an individual contractor and the Website Owner is in no manner acting as the Website User’s agent.
The Website Owner shall not be responsible in any manner, including but not limited to, delay or failure to comply with their obligations arising as per these Terms of Use and/ or other Policies available on this Website, in case of events like acts of God, fire, wars, sabotage, civil unrest, riots, labour unrest, action of Statutory Authorities/ local authorities or State/ Central Government, change in laws/ rules/ regulations and/ or any cause which is beyond the reasonable control of the Website Owner.
If the Website User breaches any of the provisions of these Terms of Use and/ or other Policies available on this Website, the Website Owner shall still be entitled to enforce their rights/ remedies arising out of this Terms of Use and/ or other Policies available on this Website.
Unless otherwise stated expressly, the delay/ failure by the Website Owner in exercising any right(s)/ remedy(ies) arising out of these Terms of Use and/ or other Policies available on this Website, hereunder, shall not constitute a waiver of right(s) or remedy(ies) and no single/ partial exercise of any right(s) or remedy(ies), hereunder, shall prevent any further exercise of the right(s)/ remedy(ies) by them.
If any of the provisions of this Terms of Use or the provisions of the Policies available on this Website, hereunder becomes in whole or in part, invalid or unenforceable, but, the same would be valid and enforceable if some part of that provision which is invalid/ unenforceable is deleted and the remaining provision shall apply with such deletions, that may be necessary to make it valid and enforceable. If any Court/ Tribunal of competent jurisdiction holds any of the provisions of these Terms of Use and/ or provisions of the Policies available on this Website, hereunder invalid or unenforceable, the remainder of the provisions shall remain in force, the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
COMMUNICATION
When the Website User uses this Website or send emails or other data, information or communication to the Website Owner, the Website User agrees and understands that he/ she are communicating with the Website Owner through electronic records and the Website User consents to receive communications via electronic records from the Website Owner periodically and as and when required. The Website Owner may communicate with the 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 protected].
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TheDressBank retains the right to alter and amend these terms of use at any time without intimation and the amended Terms of use would be available at the same page for reference.