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ClosetShare Terms of Service
16th April 2019
The following Terms of Service (“Terms”) between you (“you” “renter” “sharer” or “your”) and The Clozet Company SG. (“ClosetShare,” “we,” “our,” or “us,”) describes the terms and conditions on which you may access and use the ClosetShare website located at closetshare.sg (the “Site”), the ClosetShare mobile app (the “App”) and related services including ClosetShare’s product rental, renting out(“sharing”) and sale services (together with the Site, the App, and the ClosetShare Content, as defined below, the “Services”). These Terms also apply to in-store rentals and sales, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 8 of these Terms below.
Through the Services, we aim to give you access to designer clothing and bags and other relevant content. We also provide a platform to rent out your own garments and bags and we share the profit with you.
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 14 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 14 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 14 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
ClosetShare may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, ClosetShare will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to ClosetShare upon registration.
The Services include the rental, renting out (“sharing”) and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.
18 YEARS OR OLDER. Products may be rented or purchased for use by individuals under 18 years of age, under the supervision of a parent or legal guardian. Individuals may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
DELIVERY. All deliveries will be through ClosetShare's courier partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of ClosetShare. We will provide you with information about estimated delivery and arrival times of Products through text messaging via SMS or WhatsApp. The Products we send to you will be professionally cleaned and delivered ready to wear. Our dry cleaning partner professionally cleans, sterilizes and inspects each Product we send to you, but the use of the Products is at your own risk and ClosetShare or our dry cleaning partner shall not be held liable for any health-related complaints associated with any Product.
COLLECTIONS. If you do not pay the amounts you owe to ClosetShare when due, then ClosetShare will need to institute collection procedures. You agree to pay ClosetShare’s costs of collection, including without limitation reasonable attorneys' fees.
COMMUNICATIONS. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing help@closetshare.sg. You acknowledge that opting out of receiving communications may impact your use of the Services.
The following additional conditions apply to the rental of any Product.
RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, cleaning charges and delivery charges listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorize ClosetShare to charge your payment card for the Rental Fee. ClosetShare will charge your payment card the amount of the Rental Fee immediately upon your rental order. In addition, at the time of your rental order for a Product, you hereby authorize ClosetShare to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) set forth on the Site or App (“Retail Value”) plus applicable sales taxes; provided that ClosetShare will only charge your payment card for an amount greater than the Rental Fee as described below. Subscription fees are non-refundable except as expressly set forth below. Taxes may apply on the subscription fees.
SUBSCRIPTION FEES. Upon subscription, ClosetShare will charge you a pre-paid subscription fee or a monthly subscription fee that will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. After a pre-pay period ends, your subscription membership will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. The current monthly subscription fee is set out here, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorise ClosetShare or our third party payment processor to charge your payment card for the applicable subscription fee on a monthly or recurring pre-pay basis until you cancel. The subscription fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Subscription fees are non-refundable except as expressly set forth below. Taxes may apply on the subscription fees.
CANCELLATION POLICY. There are no refunds to a pre-paid membership. Your monthly subscription automatically renews and you will be billed every 30 days. To cancel your monthly membership,email us at help@closetshare.sg. You must return your Products before the end of your current billing period (located in account settings) to avoid additional fees. If ClosetShare does not receive your Products by the end of your billing period in which you want to cancel your membership, ClosetShare will charge you the full retail price of each Product.
RETURN PACKAGING. With delivery of the Product, ClosetShare will provide you with a pre-paid, pre-addressed ClosetShare garment bag or poly mailer bag as well as instructions for your use in returning the Products to ClosetShare (“Return Packaging”). The ClosetShare garment bag is not yours to keep. If the ClosetShare carrying case is not returned you will be charged a $50 fee (details below under “Lost Return Packaging”).
USE OF THE PRODUCTS. You agree to treat the Products with great care and professionalism. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal, reasonable, wear and tear. Normal wear and tear is covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay for the price for repairing or replacing the Product, as determined in our discretion and communication, up to the Custom Quote Value for the Product.
RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to ClosetShare in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product on the Site, App or by phone to ClosetShare; 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. We are not responsible for any personal or other items left in the Products or which are returned to ClosetShare in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at help@closetshare.sg. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
LATE FEES. If you return the Products late, you will be charged $50 per day for the initial 5 days of late return, $100 per day for the next 5 days, $200 per day for the subsequent days, and so on and so forth in multiples of 2. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and ClosetShare will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax, plus product market retail price.
LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing ClosetShare with a tracking number. Also, if you lose or fail to return the ClosetShare garment bag you will be charged $50. If you still possess the ClosetShare garment bag, it is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
LIMITED WARRANTIES. The following are the limited warranties ClosetShare provides in connection with Product rentals. ClosetShare’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by ClosetShare.
Upon subscription of one of our Rental Programs, inclusive of one-off sales, promotions, discounts etc., you will be entitled to rent products per current, realtime offerings on website, subject to ClosetShare’s final discretion and decision.
ClosetShare provides you the service of renting out on the Website and Mobile App. Our sharing service will allow you to rent out the product you send us to be evaluated and custom quoted. We take product authenticity seriously. By listing on ClosetShare, you confirm that you are authorized to rent out and sell the item and they are not infringing any intellectual property.
ClosetShare reserves the right not to publish products submitted by sharers on the Website and Mobile App for any reason. In such events, ClosetShare will notify the sharer that the product will not be listed on the Website and Mobile App.It is each sharer’s responsibility to source and sell only authentic products. If you rent our or sell counterfeit or stolen goods, we may immediately suspend or terminate your renting out or selling privileges and destroy inventory in our fulfillment centers without reimbursement. We also encourage anyone who has a product authenticity concern to notify us and we will investigate it thoroughly and take any appropriate actions. ClosetShare reserves the right to remove or suspend any sharer’s account for violating the terms and conditions of the website.
Commission: remuneration for the general services calculated on the basis of a percentage of the Listing Price of the Good or Goods of a fulfilled commission rate starting from 40%. Coupons, discounts, or other offers and incentives, as may be applied to the Listing Price, shall not be considered in the Commission calculation. The percentage amounts to a specific coefficient set by ClosetShare, depending on the Goods Categories. The Commission is calculated in local currency and excludes taxes and fees applicable by law. For clarification, kindly email help@closetshare.sg.
The Sharer shall provide a NRIC/FIN/PASSPORT No. upon entering into the Agreement and ClosetShare reserves the right to verify these documents and other submitted information prior to effecting Payments and taxes: The responsibility of paying all applicable taxes shall be on the Sharer. The Sharer shall be responsible for all relevant taxes, duties, fees and other charges arising out of or associated with the Payments, and the Sharer undertakes to ClosetShare that it shall pay all such taxes, duties, fees and other charges on time. To the extent required by the applicable law, ClosetShare shall be entitled to withhold any and all taxes in connection with the Payments. In the event that ClosetShare is held liable for any taxes in connection with the Payments, the Sharer shall indemnify ClosetShare for such tax liability irrespective of when such tax liability is assessed.
Product Eligibility. ClosetShare determines, in its sole discretion, which Products are eligible for renting out or purchase by or through the ClosetShare Services and for which eligible Products ClosetShare will provide an offer. ClosetShare may terminate the eligibility of certain Products at any time and without advance notice, but such termination will not affect any Products for which you have already accepted an offer.
Condition Defined. ClosetShare only accepts items with excellent condition and certain brand guideline. There should be no noticeable flaw, no functional nor physical problem. DO NOT SEND ITEMS WITH VISIBLE WEAR AND TEAR NOR ITEMS WITH NO BRAND LOGOS. Do not send items that are non-operative or with physical damage that inhibits use. The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the ClosetShare Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at ClosetShare's discretion. If you are uncertain about your Product’s condition, please seek guidance by contacting ClosetShare’s customer care. Any Product deemed not authentic by ClosetShare or with condition that has been misportrayed will only be returned to you with free shipping fee.
Product Valuation. All offers will be based on ClosetShare’s own determination of the Product value in reliance on the accuracy of the information you supply us. ClosetShare will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to ClosetShare at the offered price. If you do not accept ClosetShare’s offer, the item will be returned to you with free shipping.
Recalculated Product Offers after Inspection. In the event ClosetShare recalculates the offer it provided for the Product after it has been received and inspected, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in the normal course and in accordance with these service terms. If you reject the new offer, ClosetShare will return the Product to you at the address from which it was originally sent. ClosetShare will also remind you of the outstanding new offer one. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
Authentication. ClosetShare only accepts fully authentic Products. DO NOT SEND UNAUTHENTIC PRODUCTS. Once received, our team of experts will go through a thorough authentication process. Our experts have multi year experience in luxury fashion and in the brands carried by ClosetShare. They are extremely knowledgeable and will find out counterfeits.
Non-Transferable. Any offer by ClosetShare for your Product is non-transferable and not redeemable for any other consideration other than what is offered by ClosetShare.
The following additional conditions apply to the sale of any Product.
PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site or App as available for purchase are eligible for purchase by you. THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. ClosetShare will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site or App in connection with your purchase of the Products. Purchase Price is as listed on the ClosetShare website at the time of purchase, and is subject to change. ClosetShare reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize ClosetShare to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by ClosetShare, shall be paid by you to ClosetShare in connection with your purchase order. Purchase orders are final and cannot be cancelled.
Recalculated Product Offers after Inspection. In the event ClosetShare recalculates the offer it provided for the Product after it has been received and inspected, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in the normal course and in accordance with these service terms. If you reject the new offer, ClosetShare will return the Product to you at the address from which it was originally sent. ClosetShare will also remind you of the outstanding new offer one. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“ClosetShare Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The ClosetShare Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any ClosetShare Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the ClosetShareR Content.
UPDATES We may update the ClosetShare Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to help@closetshare.sg. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. We will be responsive on regular working days between 10am and 6pm.
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-ClosetShare websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and ClosetShare is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from ClosetShare, and ClosetShare has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that ClosetShare endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
USE OF ClosetShare CONTENT. No part of the Services, including the ClosetShare Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that ClosetShare authorizes you to view, copy, download, and print ClosetShare Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the ClosetShare Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the ClosetShare Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the ClosetShare Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which ClosetShare considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a ClosetShare representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend ClosetShare and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
If you post, upload or make available to ClosetShare or the Services, or otherwise submit to or through ClosetShare as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to ClosetShare a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of your content or any use of your content. By submitting your content, you represent and warrant that your ontent and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize ClosetShare to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from the use of the Services with your account. You agree to notify ClosetShare promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the ClosetShare Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
ClosetShare may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
The Services, including the ClosetShare Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of ClosetShare and its affiliates and licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners.ClosetShare and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any ClosetShare Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of ClosetShare or such third party that may own such ClosetShareContent.
Subject to your compliance with these Terms, ClosetShare grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
Subject to the terms of these Terms, ClosetShare grants you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
ACKNOWLEDGMENT. The following applies to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and ClosetShare, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and ClosetShare acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and ClosetShare acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, ClosetShare, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and ClosetShare acknowledge and agree that Apple, and Apple’s subsidiaries are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that ClosetShare may use your Feedback without restriction or obligation to you or any third party.
If you believe any ClosetShare Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting ClosetShare’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of the use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at help@closetshare.sg. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
Any violation of these Terms, including any of the prohibitions in Section, may result in suspension or termination of your access to the Services and/or removal of Your Content. ClosetShare may also terminate your account if ClosetShare determines that your conduct poses a risk or liability to ClosetShare, or for any other reason as determined by ClosetShare in its sole discretion.
In each of these cases, most of the Terms will terminate regarding your using of ClosetShare Services. You shall still be liable and responsible for fees owed and items reasonably acknowledge for which related fees owed are to be borne by you even after ceasing ClosetShare Services.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The limited warranties set out in Section 2(B) for return apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by ClosetShare in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and ClosetShare's sole and exclusive liability for a breach by ClosetShare of the limited warranties set out in Section 2(B) shall be, at ClosetShare option, ClosetShare use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner.
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, CLOSETSHARE DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE CLOSETSHARE CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
UNDER NO CIRCUMSTANCES SHALL CLOSETSHARE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF CLOSETSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
You agree that in the event of any dispute between you and ClosetShare, you will first contact ClosetShare and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of ClosetShare's Services and/or Products, or relating in any way to ClosetShare's communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and ClosetShare. However, this arbitration agreement does not (a) govern any Claim by ClosetShare for infringement of its intellectual property or access to the Services (including the Site and App) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS SITE OR APP OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the Singapore Arbitration Act governs the interpretation and enforcement of this provision, and that you and ClosetShare are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to ClosetShare Private Limited. The arbitration shall be administered by the Singapore International Arbitration Centre (SIAC) under its rules including, if you are an individual, the SIAC's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the SIAC's Supplementary Procedures for Consumer-Related Disputes will not be used. The SIAC's rules are available at www.siac.org.sg.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Singapore law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the SIAC's rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 8(C) below.
If you do not want to arbitrate disputes with ClosetShare and you are an individual, you may opt out of this arbitration agreement by sending an email to help@closetshare.sg within thirty (30) days of the first of the date you access the Site or App or the date you receive any Services.
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and ClosetShare each waive any right to a jury trial.
This Section 8 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
JURISDICTIONAL ISSUES. ClosetShare makes no representation that the Services are appropriate or available for use outside Singapore. Those who choose to access the Services or any part thereof from outside Singapore do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that ClosetShare intends to announce or make available such products or services to the general public, or in your country. Contact ClosetShare at help@closetshare.sg to determine which products and services may be available to you.
EXPORT LAWS. The laws of Singapore prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the ClosetShare Content, or any part thereof, in any way, in violation of Singapore law.
GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of Singapore, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a court located in Singapore, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
ENTIRE AGREEMENT. These Terms are the entire agreement between you and ClosetShare relating to the subject matter herein and shall not be modified except by ClosetShare in accordance with these Terms, or as otherwise agreed in writing by you and ClosetShare. No employee, agent or other representative of ClosetShare has any authority to bind ClosetShare with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. ClosetShare may assign these Terms at any time without notice to you.
FORCE MAJEURE. ClosetShare will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond ClosetShare's reasonable control.
CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to ClosetShare at help@closetshare.sg
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