TERMS OF SERVICE
UPDATED
EFFECTIVE DATE June 1, 2019
OVERVIEW
The following Terms of Service (“Terms”) between you (“you” or “your”) and Leasing Looks, Inc. (“we,” “our,” “us,” or “Leasing Looks”) describes the terms and conditions on which you may access and use the Leasing Looks website located at leasinglooks.com (the “Site”). Leasing Looks offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools, which are added to, the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. SERVICES
1.1 INTRODUCTION
The Services provide a short-term rental of clothing and accessories (“Products”). Through the Services, we aim to give you access to modern ethnic Indian clothing and accessories, styling advice and other content to help you decide which Product(s) are perfect for you.
2. ELIGIBILITY
2.1 MINIMUM AGE
The Site and Services are intended solely for persons who are 18 or older, provided however that Product may be used by persons under the age of 18 if rented by a person who is 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.
2.2 ELIGIBLE PURCHASES
Individuals 18 years of age or older may rent Products through the Site with a valid payment card or other approved payment method. By using the Services and agreeing to these Terms, you represent that you are at least 18 years of age or older and that you are authorized to use the chosen payment method for the purpose of renting Products.
3. RENTALS
3.1 RENTAL FEE
Unless mentioned otherwise, rental fee for each Product will be posted on the Site. All rental fee, discounts, and promotions on the Site are subject to change without notice. The rental fee charged for a Product will be the rental fee in effect at the time the order is placed and will be set out in your order confirmation email or correspondence. Posted rental fee do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your product total. We try our best to display accurate price information, however we may, on occasion, make unintentional typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
3.2 PAYMENT
Terms for payment are within our sole discretion, and we must receive payment before the delivery of an order. When you place your rental order for a Product, you hereby authorize Leasing Looks to charge your payment card for the Rental Fee. Leasing Looks will charge your payment card the amount of the Rental Fee immediately upon your rental order. Products will only be delivered upon Leasing Looks receiving the full payment. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. We accept payment through credit cards, debit cards, or other agreed upon payment methods. If using a credit card, you represent and warrant that the credit card information you supply to us is true, correct, and complete; you are duly authorized to use such credit card for the purchase; charges incurred by you will be honored by your credit card company; and you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
3.3 PROMOTIONS
Leasing Looks might offer some promotions on the Site or to certain individuals. These promotions may affect the pricing and may have a separate terms and conditions from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions for the promotion will govern that specific circumstance.
3.4 LIMITATIONS
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, including but not limited to availability and geographic concerns.
3.5 CANCELLATION POLICY
You may cancel your rental order subject to the following cancellation fees and policies:
(i) If you cancel your order fifteen (15) days or more in advance of the delivery date, you will receive full refund back to you payment card.
(ii) If you cancel the order less than fifteen (15) days before your delivery date, you will still receive full refund in your payment card, but a cancellation fee of $30 will be deducted.
(iii) If your order has already shipped out, you will not be able to cancel the order and you will be charged full amount of the rental.
3.6 LATE FEES
If you return the Product late, we will have to charge a late fee of $50.00 every day the item is late and will be charged to the payment card used to pay the Rental Fee.
If you fail to return the outfit for a period greater than 7 days after the return date, you will be charged the full retail value of the outfit. You agree that this is a reasonable fee to charge for late returns.
3.7 REFUNDS; SIZING RETURNS
If your Product does not fit you, or if there are another issues, then you must notify Leasing Looks by emailing at help@leasinglooks.com and return the Product to Leasing Looks within 24 hours (excluding Sundays and holidays) of the date you received the Product. Upon receiving the Product back, Leasing Looks will then issue you a full refund of Rental Fee less delivery charges of the Product, provided that the Product, in our sole discretion, has not been worn. If Leasing Looks discovers that you have worn the Product while simultaneously issuing a return, you will be charged for the full Rental Fee to the payment card on file.
3.8 COLLECTIONS
If you do not pay the amounts you owe to Leasing Looks when due, then Leasing Looks will need to institute collection procedures. You agree to pay Leasing Looks’ costs of collection, including without limitation reasonable attorneys' fees.
3.9 LOST OR SEVERELY DAMAGED PRODUCT
If you lose, severely damage, or fail to return a Product that you rented, in addition to your Rental Fee, you hereby authorize Leasing Looks to charge your payment card or invoice you for an amount equal to 100% of the original retail value of the Product (when new) as set forth on the Site (“Retail Value”) plus applicable sales taxes.
4. DELIVERY AND SHIPPING
4.1 DELIVERY
All deliveries will be through Leasing Looks’ shipping partners, which may change from time to time at Leasing Looks’ discretion. The shipping method used will be at the discretion of Leasing Looks. Delivery dates are estimates only and cannot be guaranteed. Our liability to you for failure to deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee as determined by us. Leasing Looks is not liable for any delays, damages, or other issues as a result of the courier. If the product is delivered late, return the Product within 24 hours of the date of delivery to receive a full refund.
4.2 RECEIPT OF PRODUCTS
Upon delivery, you bear responsibility for the Product(s). You acknowledge that Leasing Looks will only mail your order to a street address; no P.O. boxes. You acknowledge that a Secure Shipping Address is highly recommended, which means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, Leasing Looks does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Leasing Looks will not be liable. You will be liable for all such delays and additional delivery fees.
4.3 SHIPPING
You will pay all shipping charges specified during the ordering process. At the time of order, you may request expedited shipping for an additional cost. Your Product(s) will be shipped as soon as the payment is processed. Leasing Looks will arrange the shipment of products at the mailing address you provided. Leasing Looks will provide you the shipping details, time of delivery, tracking number and any other relevant information in regards to your shipment as soon as your order is complete.
4.4 RETURN SHIPPING
With the delivery of the Product(s), Leasing Looks will provide you with a pre-paid mailing label as well as instructions to follow when returning the Product(s) to Leasing Looks. You do not have to pay for for return shipping. Leasing Looks provides complimentary return shipping.
4.5 RETURN PACKAGING
You agree to return all Product(s) to Leasing Looks in the appropriate Return Packaging on or before the return date that is identified in the online invoice for your order for each item of your order. If you do wish to keep the original packaging, you must send your rental back in a clean fourteen by fourteen by six (14x14x6) cardboard box. Packaging used that is not provided by Leasing Looks must be covered at your own expense. You will be responsible for packaging the Product(s) with great attention and care. If the Product(s) is damaged in transit due to improper packaging, you will be charged the applicable fees as determined by Leasing Looks.
5. GENERAL CONDITIONS AND WARRANTIES
5.1 USE OF THE PRODUCTS
You agree to treat the Product(s) with great care. You are responsible for any loss, destruction or damage to the Product(s) due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear includes minor stains, rips, missing beads, stuck zippers or other minor damage. 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, up to the Retail Value for the Product.
5.2 RETURN OF THE PRODUCTS/EXTENSION
You may extend your order for a Product on the Site by emailing us at help@leasinglooks.com; provided that any extensions are subject to availability of that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of the extension. All Products must be returned by delivering the Products in the appropriate Return Packaging to a USPS store located in the United States by 5 p.m. on or before the date that the Product(s) is due. We are not responsible for any personal or other items returned to Leasing Looks 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@leasinglooks.com. Our staff may assist in attempting to locate such items at your request, but are not obligated to and assume no liability for doing so. You will be responsible for the cost of postage of such items back to you.
5.3 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@leasinglooks.com. You acknowledge that opting out of receiving communications may impact your use of the Services.
5.4 CORRECT PRODUCTS
Subject to availability, we will deliver the Product in your chosen size, color and design on or before the delivery date on your order, except that if there is an occurrence subsequent to the placing of your order which prevents us from timely delivering your order, including but not limited to the Product being damaged beyond repair, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product as a replacement. If we are unable to reach you, we will offer you a refund in the amount of your rental order. It is important to note that Products may appear different in color and style than as displayed on the Site.
5.5 CLEAN AND READY TO WEAR
The Products will be professionally cleaned and delivered ready to wear. LL dry-cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and LL shall not be held liable for any health-related or skin-related complaints associated with any Product.
6. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7. INTELLECTUAL PROPERTY
7.1 OWNERSHIP OF SERVICES
The Services, including Leasing Looks’ service names, logos, and content, including all intellectual property rights in and to the Services and any changes, modifications, or corrections thereto, are the property of Leasing Looks. Leasing Looks reserves 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 of Leasing Looks’ content except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Leasing Looks.
7.2 USE OF CONTENT
If you post, upload, or make available any photos, reviews, information, data, text, images, files, software, communications, or other materials regarding Leasing Looks’ Services and your use of the Products or Services on any website, blog, article, or social media platform (“Your Content”), you hereby grant Leasing Looks 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 or otherwise exploit Your Content including 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 in connection with the Products or Services, including but not limited to advertising, promoting, and marketing the Products or Services, 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 Your Content or any use of Your Content. You waive all moral rights to 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 on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
7.3 FEEDBACK
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 Leasing Looks may use your Feedback without restriction or obligation to you or any third party.
7.4 USER COMMENTS AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8. TERMINATION
8.1 TERMINATION BY YOU
You may discontinue your use of the Services at any time by sending us an email at help@leasinglooks.com. You understand that Your Content may continue to exist and be used on the Site even after your discontinuation of the Services. You will still be liable for any payments and/or fees due for Products or Services prior to the date of termination as outlined in Section 2,3 and 4.
8.2 TERMINATION BY LEASING LOOKS
Any violation of these Terms may result in your suspension or termination of your access to the Services and/or and removal of Your Content. Leasing Looks may terminate your account if Leasing Looks determines that your conduct poses a risk or liability to Leasing Looks, or for any other reason as determined by Leasing Looks in its sole discretion.
9. DISCLAIMER OF WARRANTIES
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. USE OF THE PRODUCTS IS AT YOUR OWN RISK AND LEASING LOOKS SHALL NOT BE LIABLE FOR ANY HEALTH-RELATED AND/OR SKIN RELATED COMPLAINTS ASSOCIATED WITH ANY PRODUCT.
CERTAIN STATE LAWS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANVES WILL LEASING LOOKS, YOU, OR ANY AFFILIATE BE LIABLE TO ANOTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM THESE TERMS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT WILL LEASING LOOKS’ TOTAL LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT OF FEES PAID BY YOU TO LEASING LOOKS THE RENTAL OF THE PRODUCTS WHICH IS THE SUBJECT OF THE CLAIM. THIS LIMITATION IS A FAIR ALLOCATION OF RISK.
11. DISPUTE RESOLUTION AND BINDING ARBITRATION
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of products or services through the site, will be resolved exclusively and finally by binding arbitration.
You are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to any claim. Other rights that you would have had if you went to court may also be unavailable or may be limited in arbitration.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days from your rental. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, you will not be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
13. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14. MISCELLANEOUS
14.1 PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To learn more please visit our Privacy Policy page available on the Site.
14.2 JURISDICTIONAL ISSUES
Leasing Looks makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States 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 Leasing Looks intends to announce or make available such products or services to the general public, or in your country. Contact Leasing Looks at help@leasinglooks.com to determine which products and services may be available to you.
14.3 EXPORT LAWS
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the Leasing Looks’ Content, or any part thereof, in any way, in violation of United States law.
14.4 INDEMNIFICATION
You agree to indemnify, defend and hold harmless LL and our partners, officers, directors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14.5 THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
14.6 ENTIRE AGREEMENT
These Terms are the entire agreement between you and Leasing Looks relating to the subject matter herein and shall not be modified except by Leasing Looks in accordance with these Terms, or as otherwise agreed in writing by you and Leasing Looks. No employee, agent or other representative of Leasing Looks has any authority to bind Leasing Looks with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
14.7 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.
14.8 ASSIGNMENT
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Leasing Looks may assign these Terms at any time without notice to you.
14.9 FORCE MAJEURE
Leasing Looks 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 Leasing Looks’ reasonable control.
14.10 MODIFICATION
You can review the most current version of the Terms of Service at any time at this page.Leasing Looks reserves the right, at our sole discretion, to update, change or modify any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
15. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at help@leasinglooks.com.