Terms and Conditions
The Designer Club
ABN 12 625 406 94818
The laws of Australia govern our Terms and Conditions.
By accessing and using the ‘The Designer Club’ website at www.thedesignerclub.com.au (‘Site’), you are accepting and consenting to the practices in these Terms and Conditions.
Last Updated: January 2021
Key Terms and Definitions
“The Designer Club Content” means all Content that The Designer Club makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
“Rental Request Period” means the time periodstarting from the time when a rental is requested by a Borrower (as determined by The Designer Club in its sole discretion), within which a Lender may decide whether to confirm or reject that rental request, as stated on the Site or Services.
“Collective Content” means Member Content and The Designer Club Content.
“Content” means text, information, software, graphics, images, music, audio, video, information or other materials.
“Courier Services” means any third-party door-to-door courier service or postal service or shipment service.
“Borrower” means a Member who requests from a Lender a rental of a fashion item via the Site or Services.
“Lender” means a Member who creates a Listing via the Site.
“Listing” means a fashion item that is listed by a Lender as available for rental via the Site or Services.
“Member” means a person who completes The Designer Club’s account registration process, including but not limited to Lenders and Borrowers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST), that Lenders may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Rental Fees” means the amounts that are due and payable by a Borrower in exchange for that Borrower’s use of an Item. The Lender alone, and not The Designer Club, determines these amounts.
“Borrower Fees” means the fee that The Designer Club charges a Borrower for the use of its online platform, which is calculated as 5% of the applicable Rental Fees. The Borrower Fees will be displayed to the Borrower when the Borrower is asked whether to send a rental request to a Lender.
“Courier Fees” means the fee the Borrower and/or Lender pays for use of the Courier Services. These fees are based on capacity.
“Lender Fees” means the fee that The Designer Club charges a Lender for the use of its online platform, which is calculated as 15% of the applicable Rental Fees.
“Service Fees” means collectively the Borrower Fees and the Lender Fees.
“Total Fees” means collectively the Rental Fees, Borrower Fees and Courier Fees.
TERMS OF SERVICE
1. If you are using the Site or Services, you are contracting with The Designer Club Pty Ltd (ABN 12 625 406 94818). The Designer Club Pty Ltd is hereinafter referred to as “The Designer Club“, “we”, “us”, or “our”.
2. The Designer Club provides an online platform that connects Lenders who have fashion items to rent with Borrowers seeking to rent such fashion items (collectively the “Services”), which Services are accessible at www.thedesignerclub.com.au and any other websites through which The Designer Clubmakes the Services available (collectively, the “Site”).
3. By using the Site you agree to comply with and be legally bound by these terms of service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and The Designer Club.
4. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the in accordance with these Terms may subject you to civil and criminal penalties.
5. The Site and Services comprise an online platform through which Lenders may create Listings for fashion items and Borrowers may learn about and rent directly from the Lenders.
6. You understand and agree that The Designer Club is not a party to any agreements entered into between Lenders and Borrowers, nor is The Designer Club a fashion broker, agent or insurer. The Designer Club has no control over the conduct of Lenders, Borrowers and other users of the Site and Services or any fashion items, and disclaims all liability in this regard to the maximum extent permitted by law.
7. You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any content from or on the Site through the Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site.
8. If you do not agree to these Terms, then you have no right to access or use the Site, Services, or Collective Content.
9. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Late Fees
10. All users must comply with a standardised Late Fee Policy that The Designer Club will enforce to protect both Borrower and Lender alike. The Designer Club relies on both Lenders and Borrowers sending and returning items in a timely manner. Lenders will be compensated by the Borrower if items are returned late. If items are returned late an additional 5 day rental period will be charged for each 5 day period the item is not returned. Borrowers agree to this policy every time they request a booking. Late fees will be capped at 4 weeks or up to the Recommended Retail Pricewhichever is larger unless otherwise determined by The Designer Club in their sole discretion.
11. The Designer Club also reserves the right to charge the credit card on file in your The Designer Club Account, or otherwise collect payment from you and pursue any avenues available to The Designer Club in this regard, in situations in which you have been determined, in The Designer Club’s sole discretion, to have returned items late. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for the additional hire period to the applicable Lender or to The Designer Club (if applicable). Unpaid invoices will be passed on to a debt-collection service with collection costs recoverable.
Modification
12. The Designer Club reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
How the Site and Services Work
13. The Site and Services can be used to facilitate the listing and renting of fashion items (“Item”). Such Items are included in Listings on the Site and Services by Lenders. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book an Item or create a Listing, you must first register to create a TheDesigner Club Account.
14. The Designer Club makes available an online platform or marketplace with related technology for Lenders and Borrowers to meet online and arrange for the rental of Items directly with each other. The Designer Club is not an owner or dealer of fashion items, nor is it a provider of fashion items and The Designer Club does not own, sell, resell, provide, rent, re-rent, manage and/or control fashion items, including, but not limited to, dresses, shoes, bags or Items or postal, courier or other delivery services. The Members are responsible for engaging anyservice of a courier company or postal servicewhich is entirely at the Member’s own risk. The Designer Club does not provide any Courier Services whatsoever and accepts no liability for any damage caused in any way through or by the Courier Services.
15. The Site and Services are intended to be used to facilitate Lenders and Borrowers connecting and renting items directly with each other. The Designer Club cannot and does not control the Content contained in any listings and the condition, legalityor suitability of any items. The Designer Club is not responsible for and disclaims any and all liability related to any and all Listings and Items. Anyrentals will be made at the Member’s own risk.
Account Registration
16. In order to access certain features of the Site and rent an Item or create a Listing, you must register to create an account (“The Designer Club Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
17. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Instagram, Facebook, Twitter; each such account, a “Third-Party Account”), via our Site, as described below. As part of the functionality of the Site and Services, you may link your The Designer ClubAccount with Third-Party Accounts, by either:
a. (i) providing your Third-Party Account login information to The Designer Club through the Site or Services; or
b. (ii) allowing The Designer Club to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to The Designer Club and/or grant The Designer Clubaccess to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating The Designer Club to pay any fees or making The Designer Club subject to any usage limitations imposed by such third-party service providers.
18. By granting The Designer Club access to any Third-Party Accounts, you understand that The Designer Club will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site and Services via you’re the Designer Club Account and The Designer ClubAccount profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your The Designer ClubAccount on the Site and Services.
19. The Designer Club makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and The Designer Club is not responsible for any SNS Content.
20. We will create your The Designer Club Account and your The Designer Club Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active The Designer ClubAccount. You agree to provide accurate, currentand complete information during the registration process and to update such information to keep it accurate, current and complete. The Designer Clubreserves the right to suspend or terminate your The Designer Club Account and your access to the Site and Services if you create more than one (1) The Designer Club Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
Item Listings
21. As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Item to be listed, including, but not limited to, your location, designer, size, occasion, colour, recommended retail price, any existing defects, description and availability of the Item and rental pricing and related rules (for instance dry cleaning responsibility) and financial terms. Listings will be made publicly available via the Site and Services. Other Members will be able to rent your Items via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Borrower requests a rental of your Item, you may not request the Borrower to pay a higher price than in the rental request.
22. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the rental of an Item in a Listing you post:
(i) will not breach any agreements you have entered into with any third parties and
(ii) Will;
a. be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Item included in a Listing you post, and
b. not conflict with the rights of third parties.
Please note that The Designer Club assumes no responsibility for a Lender’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
23. The Designer Club reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that The Designer Club, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or The Designer Club’s then-current Policies.
24. If you are a Lender, you understand and agree that The Designer Club does not act as an insurer or as your contracting agent. If a Borrower requests a rental of your Item and rents your Item, any agreement you enter into with such Borrower is between you and the Borrower and The Designer Club is not a party thereto. Notwithstanding the foregoing, The Designer Club serves as the limited authorised payment collection agent of the Lender for the purpose of accepting, on behalf of the Lender, payments from Borrowers of such amounts stipulated by the Lender.
25. If you are a Lender, The Designer Club makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for renting your Items. You acknowledge and agree that, as a Lender, you are responsible for your own acts and omissions.
26. The Designer Club recommends that Lenders obtain appropriate insurance for their Items. Please review any insurance policy that you may have for your Items carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Borrowers while renting your Items.
Courier Services
27. The Designer Club does not provide Members with any Courier Services or recommendations for useor the option of using any third-party door-to-door Courier Services. This means that the risk of loss and title for such items passes between the Lender and the Borrower. The Designer Club is not a party to any courier/postal or shipment services whatsoever. The Designer Club disclaims any loss or liability whatsoever arising from the user any such Courier Services.
Rentals and Financial Terms
Rentals and Financial Terms for Lender
28. If you are a Lender and a rental is requested for your Item via the Site, Application and Services, you will be required to either confirm or reject the rental request within the Rental Request Period, otherwise the rental request may be automatically cancelled. If you are unable to confirm or decide to reject a rental request within the Rental Request Period, any amounts (if any) collected by The Designer Club for the requested rental will be refunded to the applicable Borrower’s credit card and any pre-authorisation of such credit card (if any) will be released.
29. The Designer Club will collect the Total Fees at the time of rental confirmation (i.e. when the Lender confirms the rental request) and will initiate payment of the Rental Fees to the Lender within one (1) month of when the Borrower is scheduled to receive the Item (except to the extent that a refund is due to the Borrower).
30. If you owe or agree to pay any amount to The Designer Club (whether as a result of your The Designer Club or actions as a Borrower or otherwise), then The Designer Club may (but is not obliged to) withhold the amount owing to The Designer Club from any payout amounts due to you as a Lender, and use the withheld amount to set-off the amount owed by you to The Designer Club. If The Designer Club does so, then your obligation to pay The Designer Club will be extinguished to the extent of the amount withheld by The Designer Club, and The Designer Club will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
31. Each Lender hereby appoints The Designer Clubas the Lender’s limited payment collection agent solely for the purpose of accepting the Rental Fees from Borrowers.
32. Each Lender agrees that payment made by a Borrower through The Designer Club shall be considered the same as a payment made directly to the Lender, and the Lender will make the Item available to the Borrower in the agreed-upon manner as if the Lender has received the Rental Fees. Each Lender agrees that The Designer Clubmay, in accordance with the cancellation policy selected by the Lender and reflected in the relevant Listing, (i) permit the Borrower to cancel the rental and (ii) refund to the Borrower that portion of the Rental Fees specified in the applicable cancellation policy. Each Lender understands that as The Designer Club accepts payments from Borrowers as the Lender’s limited payment collection agent, The Designer Club’s obligation to pay the Lender is subject to and conditional upon The Designer Clubsuccessfully receiving the payments from Borrowers. The Designer Club does not guarantee payments to Lenders for amounts that have not been successfully received from Borrowers. In accepting appointment as the limited authorised agent of the Lender, The Designer Club assumes no liability for any acts or omissions of the Lender.
33. Please note that The Designer Club does not currently charge fees for the creation of Listings. However, you as a Lender acknowledge and agree that The Designer Club reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that The Designer Club will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Rental and Financial Terms for Borrowers
34. The Lenders, not The Designer Club, are solely responsible for honouring any confirmed rentals and making available any Items reserved through the Site, Application and Services. If you, as a Borrower, choose to enter into a transaction with a Lender for the rental of an Item, you agree and understand that you will be required to enter into an agreement with the Lender and you agree to accept any terms, conditions, rules and restrictions associated with such Item imposed by the Lender. You acknowledge and agree that you, and not The Designer Club, will be responsible for performing the obligations of any such agreements, that The Designer Club is not a party to such agreements, and that, with the exception of its payment obligations hereunder, The Designer Club disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that The Designer Club is not a party to the agreement between you and the Lender, The Designer Club acts as the Lender’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Lender. Upon your payment of the Total Fees to The Designer Club, your payment obligation to the Lender for the Item Fees is extinguished, and The Designer Club is responsible for remitting the Item Fees (less The Designer Club’s Lender Fees and relevant Courier Fee), in the manner described in these Terms. In the event that The Designer Clubdoes not remit any such amounts as described in these Terms, such Lender will have recourse only against The Designer Club.
35. The Total Fees payable will be displayed to a Borrower before the Borrower sends a rental request to a Lender. As noted above, the Lender is required to either confirm or reject the rental request within the Rental Request Period, otherwise the requested rental will be automatically cancelled. If a requested rental is cancelled (i.e. not confirmed by the applicable Lender), any amounts collected by The Designer Club will be refunded to such Borrower, depending on the selections the Borrower makes via the Site and Application, and any pre-authorisation of such Borrower’s credit card will be released, if applicable.
36. In connection with your requested rental, you will be asked to provide customary billing information such as name, billing address and credit card information either to The Designer Club or its third-party payment processor. You agree to pay The Designer Club for any confirmed rentals made in connection with your The Designer Club Account in accordance with these Terms by one of the methods described on the Site or Application, e.g.by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the rental, either directly by The Designer Club or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize The Designer Clubto charge your credit card in the event of damage caused to an Item as contemplated under “Damage to Items” below or non-return of an Item. If you are directed to The Designer Club’s third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed rental transaction is complete you will receive a confirmation email summarizing your confirmed rental.
Service Fees
37. In consideration for the use of The Designer Club’s online marketplace and platform, The Designer Club charges the Service Fees. Where applicable, Taxes (such as GST in Australia) may also be charged in respect of the Lender Fees and Borrower Fees. The Designer Club deducts the Lender Fees from the Rental Fees before remitting the balance to the Lender as described in these Terms. Borrower Fees are, as noted above, included in the Total Fees.
38. Balances will be remitted by The Designer Club to Lenders via (in The Designer Club’s sole discretion) payment methods described on the Site or via the Application, depending upon the selections the Lender makes via the Site, Application and Services.
Cancellations and Refunds
39. If, as a Borrower, you cancel your requested rental before the requested rental is confirmed by a Lender, The Designer Club will cancel any pre-authorisation to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested rental within a commercially reasonable time. If, as a Borrower, you wish to cancel a confirmed rental made via the Site, Application and Services, either prior to or after receiving the Item, the cancellation policy of the Lender contained in the applicable Listing will apply to such cancellation. Our ability to refund the Rental Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site. The Borrower Fee is non-refundable regardless of the cancellation policy selected by the Lender.
40. If a Lender cancels a confirmed rental made via the Site, (i) The Designer Club will refund the Total Fees for such rental to the applicable Borrower within a commercially reasonable time of the cancellation and (ii) the Borrower may receive an email or other communication from The Designer Club containing alternative Listings and other related information. If the Borrower requests a rental from one of the alternative Listings and the Lender associated with such alternative Listing confirms the Borrower’s requested rental, then the Borrower agrees to pay The Designer Club the Total Fees relating to the confirmed rental for the Item in the alternative Listing, in accordance with these Terms. If a Lender cancelled a confirmed rental and you, as a Borrower, have not received an email or other communication from The Designer Club, please contact The Designer Club. Please note The Designer Club does not refund fraudulent orders if made clear the order has been placed using another parties ID.
41. If, as a Lender, you cancel a confirmed rental, The Designer Club may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled rental, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
Borrower Refunds
42. Items on The Designer Club platform should be consistent with the description provided by the Lender. If a Borrower who books and pays for an Item and then experiences a ‘Renting Issue’, the Borrower may be eligible for a refund. The Designer Club may (at our discretion) provide the Borrower with either a full or partial refund excluding any shipping costs, administration fees and processing fees.
A valid ‘Renting Issue‘ generally falls into three categories:
1. The Lender cancels a reservation 24 hours or less before the scheduled arrival of the Item, orfails to provide the Borrower with the Item.
2. The description of the Item in the Listing on The Designer Club is materially different from the actual Item. The Designer Club reminds Borrowers that Items are potentially pre-worn and are not rented on an as-new basis. Some minor wear and tear may not be listed in the description but can not be used as a basis to provide a refund under this policy.
3. At the start of the Borrower’s reservation, the Item: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Borrower’s use of the Item in The Designer Club’s judgment.
43. To submit a valid claim for a refund, a Borrower is required (a) to bring the Renting Issue to our attention within 2 hours after receipt of the item (including photographs or other evidence) and respond to our requests for information or cooperation, (b) not have directly or indirectly caused the Renting Issue and (c) to have used reasonable efforts to try to remedy the circumstances of the Renting Issue with the Lender prior to making a claim for a Renting Issue.
Taxes
44. You as a Lender understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. The Designer Club cannot and does not offer Tax-related advice to any Members.
Damage to Items and Failure to Return Items
45. As a Borrower, you are responsible for returning the Item in the condition it was in when you received it. You acknowledge and agree that, as a Borrower, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you allow to access the Item. In the event that a Lender claims otherwise and may provide evidence of damage or non-return, including but not limited to photographs, you agree to pay the Lender the Recommended Retail Price as contained in the relevant Listing or the relevant repair costs if applicable. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your The Designer Club Account. The Designer Club also reserves the right to charge the credit card on file in your The Designer Club Account, or otherwise collect payment from you and pursue any avenues available to The Designer Club in this regard, in situations in which you have been determined, in The Designer Club’s sole discretion, to have damaged any Item, or failed to return any Item, including, but not limited to, in relation to any payments made by The Designer Club to Lenders. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Item to the applicable Lender or to The Designer Club (if applicable). As a Lender you agree to advise The Designer Club and your borrower of any claimed damage within 24 hours of receipt of the return including photographs.
46. Both Borrowers and Lenders agree to cooperate with and assist The Designer Club in good faith, and to provide The Designer Club with such information and take such actions as may be reasonably requested by The Designer Club, in connection with any complaints or claims made by Members relating to Items or with respect to any investigation undertaken by The Designer Club or a representative of The Designer Club regarding use or abuse of the Site or the Services.
The Designer Club
ABN 12 625 406 94818
User Conduct
The laws of Australia govern our User Conduct.
By accessing and using the ‘The Designer Club’ website at www.thedesignerclub.com.au (‘Site’), you are accepting and consenting to the practices described in the User Conduct.
Last Updated: January 2021
1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
a. interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
b. contact a Borrower for any purpose other than asking a question related to a rental or such Borrower’s use of the Site and Services;
c. recruit or otherwise solicit any Lender or other Member to join third-party services or websites that are competitive to The Designer Club, without The Designer Club’s prior written approval;
d. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
e. use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
f. use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to rental of your Items;
g. “stalk” or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an The Designer Club Borrower or Lender;
h. offer, as a Lender, any Item that you do not yourself own or have permission to rent;
i. violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
j. use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;
use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
k. copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
l. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
m. use offensive, abusive or discriminatory language towards other users of staff of The Designer Club on email, phone, in person, on social media or generally.
n. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
o. systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
p. register for more than one The Designer Club Account or register for an The Designer Club Account on behalf of an individual other than yourself;
q. unless The Designer Club explicitly permits otherwise, request or rent any Item if you will not actually be using the Item yourself;
r. contact a Lender for any purpose other than asking a question related to a rental, such Lender’s Items or Listings;
s. contact a Borrower for any purpose other than asking a question related to a rental or such Borrower’s use of the Site and Services;
t. as a Lender, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
u. use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, The Designer Club’s name, any The Designer Club trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without The Designer Club’s express written consent;
v. access, tamper with, or use non-public areas of the Site or Services, The Designer Club’s computer systems, or the technical delivery systems of The Designer Club’s providers;
w. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by The Designer Club or any of The Designer Club’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
The Designer Club has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
2. The Designer Club may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to
a. respond to claims asserted against The Designer Club or to comply with legal process (for example, subpoenas or warrants)
b. enforce or administer our agreements with users, such as these Terms, for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or
c. protect the rights, property or safety of The Designer Club, its users, or members of the public.
3. You acknowledge that The Designer Club has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. The Designer Club reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that The Designer Club, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Designer Club Content and Member Content License
4. Subject to your compliance with the terms and conditions of these Terms, The Designer Club grants you a limited, non-exclusive, non-transferable license, to
a. access and view any The Designer Club Content solely for your personal and non-commercial purposes and
b. access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
5. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by The Designer Club or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content
6. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to The Designer Club a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, and Services. The Designer Club does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
7. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that:
a. you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to The Designer Club the rights in such Member Content, as contemplated under these Terms; and
b. neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or The Designer Club’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links
8. The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that The Designer Club is not responsible or liable for:
a. the availability or accuracy of such websites or resources; or
b. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Designer Club of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Suspension, Termination and The Designer Club Account Cancellation
9. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your The Designer Club Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
a. your The Designer Club Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your The Designer Club Account, your Member Content, or receive assistance from The Designer Club Customer Service
b. any pending or accepted future rentals as either Lender or Borrower will be immediately terminated
c. we may communicate to your Borrowers or Lenders that a potential or confirmed rental has been cancelled
d. we may refund your Borrowers in full for any and all confirmed transactions, irrespective of pre-existing cancellation policies
e. we may contact your Borrowers to inform them about potential alternate Items with other Lenders that may be available on the Site, Application and Services, and
f. you will not be entitled to any compensation for any rentals (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your The Designer Club Account. You may cancel your The Designer Club Account at any time via the “Cancel Account” feature of the Services or by sending an email. Please note that if your The Designer Club Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
Disclaimers
10. If you choose to use the Site, Services or Collective Content, you do so at your sole risk. You acknowledge and agree that The Designer Club does not have an obligation to conduct background checks on any Member, including, but not limited to, Borrowers and Lenders, but may conduct such background checks in its sole discretion. The Site, Services and Collective Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, The Designer Club explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The Designer Club makes no warranty that the Site, Services, Collective Content, including, but not limited to, the listings or any items, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Designer Club makes no warranty regarding the quality of any Listings, Items, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site, Services or referral program.
11. No advice or information, whether oral or written, obtained from The Designer Club or through the Site, Services or Collective Content, will create any warranty not expressly made herein.
12. You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site, or Services, including, but not limited to, any Lenders or Borrowers. You understand that The Designer Club does not make any attempt to verify the statements of users of the Site or Services or to review or verify items. The Designer Club makes no representations or warranties as to the conduct of users of the Site, or Services or their compatibility with any current or future users of the Site, or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, Borrowers and Lenders, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by or through The Designer Club. Notwithstanding The Designer Club’s appointment as the limited payment collection agent of the Lenders for the purpose of accepting payments from Borrowers on behalf of the Lenders, The Designer Club explicitly disclaims all liability for any act or omission of any Borrower or other third party.
limitation of liability
13. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and Collective Content, your Listing or Rental of any Items via the Site and Services, and any contact you have with other users of The Designer Club whether in person or online remains with you. Neither The Designer Club nor any other party involved in creating, producing, or delivering the Site, Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Services or Collective Content, from any communications, interactions or meetings with other users of the Site, application, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Application, Services, or from your Listing or Rental of any Item via the Site, Application and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not The Designer Club has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
14. Except for our obligations to pay amounts to applicable Lenders pursuant to these terms, in no event will The Designer Club’s aggregate liability arising out of or in connection with these terms and your use of the Site, Application and Services including, but not limited to, from your Listing or Rental of any Item via the Site, Application and Services, or from the use of or inability to use the Site, Services, or Collective Content and in connection with any item or interactions with any other Members, exceed the amounts you have paid or owe for Rentals via the Site and Services as a Borrower in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Lender, the amounts paid by The Designer Club to you in the twelve (12) month period prior to the event giving rise to the liability, or fifty Australian dollars (au$50), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Designer Club and You.
Indemnification
15. You agree to release, defend, indemnify, and hold The Designer Club and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
a. your access to or use of the Site, Services, or Collective Content or your violation of these Terms;
b. your Member Content;
c. your (i) interaction with any Member, (ii) rental of an Item, or (iii) creation of a Listing;
d. the use, condition or rental of an Item by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, rental or use of an Item.
Entire Agreement
16. These Terms constitute the entire and exclusive understanding and agreement between The Designer Club and you regarding the Site, Services, Collective Content, and any rentals or Listings of Items made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between The Designer Club and you regarding rentals or listings of Items, the Site, Services and Collective Content.
Notices
17. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by The Designer Club (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
18. These Terms will be interpreted in accordance with the laws of Australia. Any disputes arising in relation to these Terms will be heard in a Court of New South Wales.
Dispute Resolution
19. You and The Designer Club agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
20. If a dispute arises between you and The Designer Club, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
21. Law and Forum for Legal Disputes – This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation. If a dispute cannot be resolved then you and The Designer Club irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.